AuthorTitleCitationSummaryYear
Jeffrey M. Hirsch LABOR LAW OBSTACLES TO THE COLLECTIVE NEGOTIATION AND IMPLEMENTATION OF EMPLOYEE STOCK OWNERSHIP PLANS: A RESPONSE TO HENRY HANSMANN AND OTHER "SURVIVALISTS" 67 Fordham Law Review 957 (December, 1998) POLICY debate in the United States over how best to promote employee productivity increasingly emphasizes the importance of employee ownership of firms. Employee ownership plans, which can vary from those that merely serve as a form of pension to those through which employees undertake a complete buy-out of a firm, have increased in large part as a... 1998
Laura L. Hirschfeld LEGAL DRUGS? NOT WITHOUT LEGAL REFORM: THE IMPACT OF DRUG LEGALIZATION ON EMPLOYERS UNDER CURRENT THEORIES OF ENTERPRISE LIABILITY 7 Cornell Journal of Law & Public Policy 757 (Spring 1998) The good, say the mystics of muscle, is Society--a thing which they define as an organism that possesses no physical form, a superbeing embodied in no one in particular and everyone in general except yourself. . . . Man's mind, say the mystics of muscle, must be subordinated to the will of Society. . . . Man's standard of value, say the mystics of... 1998
Theodore J. St. Antoine MANDATORY ARBITRATION OF EMPLOYEE DISCRIMINATION CLAIMS: UNMITIGATED EVIL OR BLESSING IN DISGUISE? 15 Thomas M. Cooley Law Review 1 (1998) Things are seldom what they seem: Skim milk masquerades as cream; Highlows pass as patent leathers; Jackdaws strut in peacock's feathers . . . . Black sheep dwell in every fold; All that glitters is not gold. W.S. Gilbert H.M.S. Pinafore One of the hottest current issues in employment law is the use of mandatory arbitration to resolve workplace... 1998
William H. Daughtrey, Jr. , Donnie L. Kidd, Jr. MODIFICATIONS NECESSARY FOR COMMERCIAL ARBITRATION LAW TO PROTECT STATUTORY RIGHTS AGAINST DISCRIMINATION IN EMPLOYMENT: A DISCUSSION AND PROPOSALS FOR CHANGE 14 Ohio State Journal on Dispute Resolution 29 (1998) Consider the case of a woman named Martha, a middle-aged African American who is a relatively well-paid secretary for a large manufacturing corporation. Before she began her first workday, the company required her to sign an employment agreement. Later, having watched younger, white secretaries receive promotions instead of herself, Martha believed... 1998
Karen B. Brown NOT COLOR- OR GENDER-NEUTRAL: NEW TAX TREATMENT OF EMPLOYMENT DISCRIMINATION DAMAGES 7 Southern California Review of Law and Women's Studies 223 (Spring 1998) To support a host of tax give aways offered as a palliative to small businesses required to pay a higher minimum wage, Congress eliminated a venerated Internal Revenue Code (IRC) provision that supported exclusion from gross income of damages received on account of race- and gender-based employment discrimination. Congress' 1996 amendment of IRC... 1998
EDWARD LIEBER PICKETING THE INFORMATION SUPERHIGHWAY: MUST EMPLOYERS BARGAIN WITH A UNION OVER THEIR E-MAIL POLICY? 1998 Annual Survey of American Law 517 (1998) There are over twenty million e-mail users in the United States today. It is estimated that in the year 2000, there will be over forty million users. E-mail use is especially prevalent in the workplace; as of 1996, 90% of employers with over 1000 employees utilized e-mail as either a means of interoffice communication or as an integral part of... 1998
David N. Rosen , Jonathan M. Freiman REMODELING MCDONNELL DOUGLAS: FISHER V. VASSAR COLLEGE AND THE STRUCTURE OF EMPLOYMENT DISCRIMINATION LAW 17 QLR 725 (Winter 1998) In Fisher v. Vassar College, the Second Circuit debated, long and fractiously, the meaning of a central structure of employment discrimination law: the sequence of proof created by the Supreme Court in McDonnell Douglas Corp. v. Green. McDonnell Douglas involved a claim of a racially discriminatory refusal to hire. The Court said that the... 1998
Melissa A. Essary, Terence D. Friedman RETALIATION CLAIMS UNDER TITLE VII, THE ADEA, AND THE ADA: UNTOUCHABLE EMPLOYEES, UNCERTAIN EMPLOYERS, UNRESOLVED COURTS 63 Missouri Law Review 115 (Winter 1998) C1-3Table of Contents Introduction 116 II. The Anti-Retaliation Clause. 118 A. Procedure. 119 B. Prima Facie Case. 120 III. Protected Activity. 121 A. Participation. 121 1. EEOC Claims. 121 2. Employee Engaging in Her Own Investigation as Participation. 123 B. Opposition. 125 1. Protesting Directly to the Employer. 125 2. Opposing a Practice Not... 1998
Mary Louise Fellows ROCKING THE TAX CODE: A CASE STUDY OF EMPLOYMENT-RELATED CHILD-CARE EXPENDITURES 10 Yale Journal of Law & Feminism 307 (1998) Introduction. 308 I. Current Tax Treatment of Employment-Related Child-Care Expenditures. 312 II. The History of Waged Childcare. 315 A. Domestic Work from the Nineteenth Century Until World War II. 316 1. The Respectability/Degeneracy Distinction. 316 2. The Cult of Respectability in the Last Half of the Nineteenth Century. 318 3. Geographic... 1998
  SELECTED LABOR AND EMPLOYMENT LAW UPDATES 1 University of Pennsylvania Journal of Labor and Employment Law 789 (Fall, 1998) This section of the Journal provides notes on recent cases, pending or newly-enacted legislation, and other current legal materials. The Updates section is designed to aid the practitioner in relating the Symposium topic and Journal articles to the daily practice of labor and employment law. The Journal welcomes outside submissions of brief... 1998
Julie A. Springer , Phyllis Pollard , R. Paige Arnette SURVEY OF SELECTED EVIDENTIARY ISSUES IN EMPLOYMENT LAW LITIGATION 50 Baylor Law Review 415 (Spring 1998) C1-3Table of Contents I. Introduction. 416 II. Plaintiff's Prior Sexual Behavior and Attitude. 416 A. Plaintiff's Sexual Behavior with the Alleged Harasser and in the Workplace. 417 B. Plaintiff's Sexual Behavior with Third Parties and Outside the Workplace. 422 C. The Sexual Harassment Shield--Rule 412. 425 III. Plaintiff's Psychological and... 1998
Julie S. Northup THE "SAME ACTOR INFERENCE" IN EMPLOYMENT DISCRIMINATION: CHEAP JUSTICE? 73 Washington Law Review 193 (January, 1998) In Proud v. Stone, a 1991 age-related employment discrimination case, the Fourth Circuit established the evidentiary principle that a strong inference of nondiscrimination arises when the same person hires and then fires the plaintiff within a short period of time. This same actor inference has been adopted in varying degrees by six... 1998
Karen F. Mahoney THE AFTER-ACQUIRED EVIDENCE DOCTRINE: AN ADDITIONAL HURDLE FOR THE VICTIM OF EMPLOYMENT DISCRIMINATION 3 Suffolk Journal of Trial and Appellate Advocacy 111 (1998) The lesson for employers: If you don't like the hand you're dealt, reshuffle the deck. In employment discrimination law practice, opposing parties must climb a series of steps before reaching trial. At one such step, the defendant employer decides which defense to assert against the plaintiff employee's allegation of discrimination. If in agreement... 1998
Gilbert F. Casellas THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION: CHALLENGES FOR THE TWENTY-FIRST CENTURY 1 University of Pennsylvania Journal of Labor and Employment Law 1 (Spring, 1998) Who is more deserving of protection from discrimination on the job? Some might argue in favor of African Americans, who were the objects of the most offensive, legally sanctioned racial oppression of any group in our country's history. The civil rights movement and resulting legislation were a reaction to the segregation imposed on African... 1998
Gerald J. “Jerry” Huffman, Jr. THE NEW LOUISIANA EMPLOYMENT STATUTES: WHAT HATH THE LEGISLATURE WROUGHT 58 Louisiana Law Review 1033 (Summer 1998) Louisiana, as with many southern states, was slow to enact employment discrimination legislation. While Congress had provided protection against racial, sexual, religious discrimination in 1964, age discrimination in 1967, and disability discrimination in 1973, our state's first enactment in this area was to provide protection against age... 1998
Marley S. Weiss THE SUPREME COURT 1997-1998 LABOR AND EMPLOYMENT LAW TERM (PART I): THE SEXUAL HARASSMENT DECISIONS 14 Labor Lawyer 261 (Fall, 1998) Specialists in the field of labor and employment law will remember this Supreme Court term as the year of the sexual harassment trilogy, or perhaps, counting the Title IX case decided this year, quartet. The Paula Jones litigation has further contributed to the public impression that this has been the year of sexual harassment litigation. At the... 1998
Cynthia L. Estlund THE WORKPLACE IN A RACIALLY DIVERSE SOCIETY: PRELIMINARY THOUGHTS ON THE ROLE OF LABOR AND EMPLOYMENT LAW 1 University of Pennsylvania Journal of Labor and Employment Law 49 (Spring, 1998) President Clinton stirred some hope, along with some cynicism, in his effort to initiate a national conversation about race. Race unquestionably divides Americans-particularly black and white Americans-in their experiences and in their perceptions of the world, of social policy, and of each other. Few question the need for a more honest... 1998
Joseph J. Ward A CALL FOR PRICE WATERHOUSE II: THE LEGACY OF JUSTICE O'CONNOR'S DIRECT EVIDENCE REQUIREMENT FOR MIXED-MOTIVE EMPLOYMENT DISCRIMINATION CLAIMS 61 Albany Law Review 627 (1997) In 1989 the United States Supreme Court decided Price Waterhouse v. Hopkins, a mixed-motive employment discrimination case establishing the requirement that a plaintiff must produce direct evidence of discrimination before the burden of proof will shift to the defendant in Title VII claims. Prior to its decision in Price Waterhouse, the Court had... 1997
Carroll Seron, PH.D., Project Coordinator, Martin Frankel, PH.D. Douglas Muzzio, PH.D. Joseph Pereira, PH.D. Gregg Van Ryzin, PH.D., School of Public Affairs Baruch College, City University of New York in Collaboration With Louis Harris and Associates, In A REPORT OF THE PERCEPTIONS AND EXPERIENCES OF LAWYERS, JUDGES, AND COURT EMPLOYEES CONCERNING GENDER, RACIAL AND ETHNIC FAIRNESS IN THE FEDERAL COURTS OF THE SECOND CIRCUIT OF THE UNITED STATES 1997 Annual Survey of American Law 415 (1997) Summary. 419 Chapter 1 Introduction. 429 Chapter 2 Does Gender or Race Matter in the Federal Courts of the Second Circuit?. 434 Chapter 3 Interactions Among Professionals. 450 Chapter 4 The Treatment of Parties and Witnesses. 471 Appendix A Design of the Study of Gender, Racial, and Ethnic Fairness in the Federal Courts of the Second Circuit:... 1997
Theresa M. Waugh ADDING TO THE CONFUSION SURROUNDING EMPLOYMENT DISCRIMINATION ACTIONS TO THE SECOND CIRCUIT: CHERTKOVA v. CONNECTICUT GENERAL LIFE INSURANCE CO. 29 Connecticut Law Review 1827 (Summer, 1997) On August 9, 1996, the Second Circuit Court of Appeals decided Chertkova v. Connecticut General Life Insurance Company, an employment discrimination action involving a plaintiff's challenge to the district court's decision granting summary judgment to the defendant. Though ultimately yielding a valid outcome, the court of appeals' analysis... 1997
Amy C. Singleton CIVIL RIGHTS--HOSTILE WORK ENVIRONMENT HARASSMENT--DUTY OF EMPLOYER TO ELIMINATE "COLD SHOULDER TREATMENT" 64 Tennessee Law Review 537 (Winter, 1997) Brenda Campbell sued her employer, Florida Steel Corporation, alleging that she had been subjected to discrimination based on race and sex by several of her co-workers. The plaintiff, a black female, initially complained to her supervisor that three of her male co-workers had harassed her by making sexually explicit and racially derogatory... 1997
Robert Cavallaro CORPORATE BUYER BEWARE: DEFICIENCIES IN DIRECTORS' AND OFFICERS' INSURANCE FOR EMPLOYMENT PRACTICES LIABILITY 26 Hofstra Law Review 217 (Fall 1997) C1-3Contents I. Introduction. 218 II. Directors' and Officers' Liability Insurance. 220 A. Introduction. 220 B. Background. 221 C. Two Coverages Within One Policy. 223 III. Employment-Related Liability on the Rise. 224 IV. Wrongful Employment Practices. 227 V. Title VII, ADEA, ADA, and the 1991 Act. 228 VI. The Federal Circuit Courts' Position on... 1997
Stacey Dansky ELIMINATING STRICT EMPLOYER LIABILITY IN QUID PRO QUO SEXUAL HARASSMENT CASES 76 Texas Law Review 435 (December, 1997) The circuit courts' treatment of employer liability for quid pro quo sexual harassment has become devoid of meaningful analysis. Once a plaintiff makes out a prima facie case of quid pro quo sexual harassment, an employer's liability for the harassing acts of its supervisors is usually a foregone conclusion--courts almost uniformly hold employers... 1997
Donna Domagala EMPLOYEE SUGGESTION PLANS: BUILDING A BETTER MOUSETRAP OR THE MISAPPROPRIATION OF IDEAS? 31 Suffolk University Law Review 391 (1997) The purpose of having an employee suggestion plan is to reward ideas and promote employee participation in the manufacturing process. These programs are to give the employees incentives to work harder and generate possible improvements. The rewards given may be minimal compared to the benefits to the company, but an employee that is rewarded may... 1997
Richard L. Ruth EMPLOYMENT DISCRIMINATION 48 Mercer Law Review 1527 (Summer 1997) The 1996 survey period presented a rather unique year for the Eleventh Circuit in the employment discrimination arena. For example, the long anticipated wave of Americans with Disabilities Act (ADA) litigation finally reached shore. In a different twist, employers fared better than in past years on summary judgment appeals. Finally, the first... 1997
Thomas P. Hustoles , Michelle Caprara Smith EMPLOYMENT DISCRIMINATION CASES IN HIGHER EDUCATION: A REVIEW OF THE 1995 JUDICIAL DECISIONS 23 Journal of College and University Law 403 (Winter, 1997) Although there were no new Supreme Court decisions involving higher education employment discrimination in 1995, the lower courts further applied and developed the precedents established by the Supreme Court in this area. Part I discusses race, color and national origin discrimination claims brought under Title VII and analogous state laws, and... 1997
Paul W. Mollica EMPLOYMENT DISCRIMINATION CASES IN THE SEVENTH CIRCUIT 1 Employee Rights and Employment Policy Journal 63 (Fall 1997) Judge Richard A. Posner, chief judge of the U.S. Court of Appeals of the Seventh Circuit, laments the lack of scholarship into his own branch of the judiciary, the intermediate federal appellate courts. In his 1996 edition of The Federal Courts, Judge Posner remarks that although those courts publish roughly 100 times as many opinions as the... 1997
Greg Guidry EMPLOYMENT DISCRIMINATION CLAIMS IN LOUISIANA 45 Louisiana Bar Journal 240 (October, 1997) The recent highly publicized Texaco settlement of a class action race discrimination claim for $176 million--reportedly the largest settlement ever paid in a race discrimination case--has heightened the awareness of the employment discrimination dynamic in the American workplace. What the Anita Hill/Clarence Thomas hearings did for sexual... 1997
Christopher S. Miller , Brian D. Poe EMPLOYMENT LAW IMPLICATIONS IN THE CONTROL AND MONITORING OF E-MAIL SYSTEMS 6 University of Miami Business Law Journal 95 (Spring, 1997) Like the computer or fax machine, electronic mail (e-mail) has become an indispensable tool of the workplace as one of the principal means of business communication. It was recently estimated that more than 60 million workers currently communicate using e-mail in some fashion, and it has been projected that more than 60 billion e-mail messages... 1997
David G. Harris EMPLOYMENT LAW: O'CONNOR v. CONSOLIDATED COIN CATERERS CORP. - ELIMINATING THE REPLACEMENT OUTSIDE THE PROTECTED CLASS ELEMENT IN ADEA HIRING AND REPLACEMENT CASES 50 Oklahoma Law Review 283 (Summer 1997) Discrimination based on age negatively affects not only those discriminated against but also society as a whole by placing a premium on a presumption of decreased productivity, rather than continued ability. As life expectancies continue to rise, discrimination against older Americans will become an even greater issue in American society. By the... 1997
B. Stephanie Siegmann EMPLOYMENT LAW-HIRE YOUR FRIENDS: FIRST CIRCUIT ACCEPTS "CRONYISM" AS VALID COUNTERARGUMENT TO TITLE VII DISPARATE TREATMENT ACTION-FOSTER v. DALTON, 71 F.3d 52 (1st Cir. 1995) 30 Suffolk University Law Review 991 (Fall, 1997) Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employers from discriminating against any individual based upon their race, color, religion, sex, or national origin. In disparate-treatment employment discrimination cases, employees must prove that their employer treated them less favorably than other similarly situated employees... 1997
Theresa M. Beiner , John M. A. DiPippa HOSTILE ENVIRONMENTS AND THE RELIGIOUS EMPLOYEE 19 University of Arkansas at Little Rock Law Journal 577 (Summer, 1997) This article tackles a rarely discussed subject: harassment of religious employees in the workplace. Curious about the manner in which courts were addressing such claims, we examined harassment cases under both Title VII of the Civil Rights Act of 1964 and parallel state laws involving religious employees. What we found was that religious employees... 1997
Francis J. Mootz III INSURANCE COVERAGE OF EMPLOYMENT DISCRIMINATION CLAIMS 52 University of Miami Law Review 1 (October, 1997) I. Introduction: Using Risk Management Techniques to Avoid and Minimize Employment Discrimination Liabilities. 2 II. The Three Dimensions' of Liability Insurance Coverage. 7 A. Primary Coverages. 8 1. Worker's Compensation and Employer's Liability. 8 2. Commercial General Liability. 10 3. Directors and Officers. 12 4. Errors and Omissions. 13 5.... 1997
Lino A. Graglia LESSONS FROM THE LUDICROUS: HOW EMPLOYMENT LAWS ARE DESTROYING THE AMERICAN WORKPLACE 2 Texas Review of Law and Politics 129 (Fall 1997) Walter Olson's The Excuse Factory: How Employment Law is Paralyzing the American Workplace describes the effects of changes in employment law since the mid-1960s. Written with verve, wit, and total clarity, it is one of the most needed books of our time. Olson demonstrates, with hosts of incredulous examples, how so many laws that purport to... 1997
Kingsley R. Browne NONREMEDIAL JUSTIFICATIONS FOR AFFIRMATIVE ACTION IN EMPLOYMENT; A CRITIQUE OF THE JUSTICE DEPARTMENT POSITION 12 Labor Lawyer 451 (Winter/Spring, 1997) In the aftermath of the U.S. Supreme Court's ruling in Adarand Constructors, Inc. v. Pena, which ruled that federally-sponsored racial preferences must meet the same strict scrutiny as state-sponsored plans, supporters of affirmative action have devoted their energies toward formulation of justifications for preferences that will satisfy legal... 1997
Gary Minda OPPORTUNISTIC DOWNSIZING OF AGING WORKERS: THE 1990S VERSION OF AGE AND PENSION DISCRIMINATION IN EMPLOYMENT 48 Hastings Law Journal 511 (March, 1997) In this Article, I am interested in exploring how an otherwise forbidden version of age and pension discrimination in employment can be practiced by firms which have implemented downsizing or reduction-in-force (RIF) strategies. My goal will be to explain how this form of discrimination can be perpetuated in the name of cost containment policies. I... 1997
Samuel Estreicher PREDISPUTE AGREEMENTS TO ARBITRATE STATUTORY EMPLOYMENT CLAIMS 72 New York University Law Review 1344 (December 1, 1997) Over the last decade, the Supreme Court, through its interpretation of the Federal Arbitration Act of 1925 (FAA), has expanded the role of arbitration in the resolution of legal disputes, including disputes arising under federal and state statutes. Recently, much debate has arisen over the issue of whether the FAA applies to employment contracts,... 1997
Michael D. Moberly PROCEEDING GEOMETRICALLY: RETHINKING PARALLEL STATE AND FEDERAL EMPLOYMENT DISCRIMINATION LITIGATION 18 Whittier Law Review 499 (Spring 1997) Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employment discrimination on the basis of race, color, religion, sex and national origin. Other federal discrimination laws patterned after Title VII, such as the Age Discrimination in Employment Act of 1967 (ADEA), the Rehabilitation Act of 1973, and the Americans with... 1997
Judith Olans Brown , Stephen N. Subrin , Phyllis Tropper Baumann SOME THOUGHTS ABOUT SOCIAL PERCEPTION AND EMPLOYMENT DISCRIMINATION LAW: A MODEST PROPOSAL FOR REOPENING THE JUDICIAL DIALOGUE 46 Emory Law Journal 1487 (Fall 1997) In the past we, like many others have written extensively about institutionalized discrimination. Most recently, in 1992, we demonstrated how the federal courts, and particularly the Supreme Court, had significantly weakened Title VII of the Civil Rights Act of 1964 by construing procedural rules in a consistently pro-defendant manner. Five years... 1997
Barbara J. Fick THE CASE FOR MAINTAINING AND ENCOURAGING THE USE OF VOLUNTARY AFFIRMATIVE ACTION IN PRIVATE SECTOR EMPLOYMENT 11 Notre Dame Journal of Law, Ethics & Public Policy 159 (1997) A precondition for any discussion of affirmative action is defining the meaning of the term. The concept of affirmative action has been bandied about in such an elastic way that many people view it as a code word for reverse discrimination, lower standards or rigid quotas. As used in this paper, affirmative action is a flexible tool to promote... 1997
Mark S. Brodin THE DEMISE OF CIRCUMSTANTIAL PROOF IN EMPLOYMENT DISCRIMINATION LITIGATION: ST. MARY'S HONOR CENTER v. HICKS, PRETEXT, AND THE "PERSONALITY" EXCUSE 18 Berkeley Journal of Employment and Labor Law 183 (1997) Since the enactment of Title VII of the Civil Rights Act of 1964 the courts have struggled to define the burdens of proof surrounding the central issue of an employer's alleged discriminatory intent. What evolved was the McDonnell Douglas framework, premised upon established concepts of circumstantial proof and inference. The approach permits... 1997
Richard A. Bales THE DISCORD BETWEEN COLLECTIVE BARGAINING AND INDIVIDUAL EMPLOYMENT RIGHTS: THEORETICAL ORIGINS AND A PROPOSED RECONCILIATION 77 Boston University Law Review 687 (October, 1997) Introduction. 688 I. The Decline of Collective Bargaining and the Emergence of Individual Employment Rights. 693 A. The Disappearance of Unions from the Private Sector Workplace. 693 B. The Emergence of Individual Employment Rights. 697 II. Doctrinal Sources of the Conflict Between Collective Bargaining and Individual Employment Rights. 702 A.... 1997
  THE EXCUSE FACTORY: HOW EMPLOYMENT LAW IS PARALYZING THE AMERICAN WORKPLACE. By Walter K. Olson. New York: The Free Press. 1997. PP. 378. $25.00. 111 Harvard Law Review 440 (November, 1997) Motivated by the sudden and explosive growth in the field of employment law, The Excuse Factory critically analyzes the practical effects of employment law in the workplace. Tracing the development of employment law in courts, legislatures, and regulatory agencies, and using anecdotes that are personal, and sometimes unbelievable, Olson examines... 1997
Suzanne U. Samuels THE LASTING LEGACY OF INTERNATIONAL UNION, U.A.W. v. JOHNSON CONTROLS: EQUAL EMPLOYMENT AND WORKPLACE HEALTH AND SAFETY FIVE YEARS LATER 12 Wisconsin Women's Law Journal 1 (Spring 1997) In 1991, the United States Supreme Court handed down its anxiously awaited opinion in United Auto Workers v. Johnson Controls. In an unanimous decision, the Court struck down the employer's fetal protection policy as violative of Title VII of the 1964 Civil Rights Act. The Court held that this policy, which barred fertile women from jobs... 1997
Burton Kainen , Shel D. Myers TURNING OFF THE POWER ON EMPLOYEES: USING EMPLOYEES' SURREPTITIOUS TAPE-RECORDINGS AND E-MAIL INTRUSIONS IN PURSUIT OF EMPLOYER RIGHTS 27 Stetson Law Review 91 (Summer 1997) With the advent of the computer and telecommunications age, and the proliferation of more sophisticated, high-quality recording devices and surveillance equipment, much has been written on the issue of protecting privacy rights of employees in the workplace. A review of this literature and relevant legal precedent suggests that employees generally... 1997
Pat P. Putignano WHY DOMA AND NOT ENDA?: A REVIEW OF RECENT FEDERAL HOSTILITY TO EXPAND EMPLOYMENT RIGHTS AND PROTECTION BEYOND TRADITIONAL NOTIONS 15 Hofstra Labor & Employment Law Journal 177 (Fall 1997) Approximately thirty years have passed since Martin Luther King, Jr. lead thousands of African-Americans on a march to Washington, and Rosa Parks decided to sit in the front of the bus. Yet, as the fight by African-Americans to end racial discrimination in the workplace continues in the midst of great strides, another minority group still fights... 1997
Brendan Sweeney "DOWNSIZING" THE AGE DISCRIMINATION IN EMPLOYMENT ACT: THE AVAILABILITY OF DISPARATE IMPACT LIABILITY 41 Villanova Law Review 1527 (1996) Since the passage of the Age Discrimination in Employment Act of 1967 (ADEA), age discrimination has progressively gained attention in the courts and in the popular media. When an employer terminates or fails to hire a worker who is over forty because of the employer's belief that older workers are slower, more expensive or close-minded, the... 1996
Allen R. Kamp ANTI-PREFERENCE IN EMPLOYMENT LAW: A PRELIMINARY ANALYSIS 18 Chicano-Latino Law Review 59 (Fall 1996) There recently have been proposals to ban preferences for an individual group based on factors such as race, sex, or color. They would add a ban on preferences based on these categories to the already existing ban on discrimination. Characterized as being anti-affirmative action, these proposals have been debated in terms of their constitutionality... 1996
Virginia W. Wei ASIAN WOMEN AND EMPLOYMENT DISCRIMINATION: USING INTERSECTIONALITY THEORY TO ADDRESS TITLE VII CLAIMS BASED ON COMBINED FACTORS OF RACE, GENDER AND NATIONAL ORIGIN 37 Boston College Law Review 771 (July, 1996) born into the skin of yellow women we are born into the armor of warriors Kitty Tsui, Chinatown Talking Story Women of color experience discrimination in multiple spheres that cannot be categorized as solely race-based or solely gender-based. Their experiences are a result of both their race and gender. The identities of women of color must... 1996
David J. Willbrand BETTER LATE THAN NEVER? THE FUNCTION AND ROLE OF AFTER-ACQUIRED EVIDENCE IN EMPLOYMENT DISCRIMINATION LITIGATION 64 University of Cincinnati Law Review 617 (Winter 1996) In employment discrimination litigation, after-acquired evidence refers to that evidence of certain employee misconduct or dishonesty uncovered by an employer after its effectuation of an employment decision adverse to the employee. Such culpable conduct can be classified into two basic categories: (1) on-the-job misconduct and (2) resume or... 1996
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