| Author | Title | Citation | Summary | Year |
| Ofer Raban |
THE FREE SPEECH OF PUBLIC EMPLOYEES AT A TIME OF POLITICAL POLARIZATION: CLARIFYING THE PICKERING BALANCING TEST |
60 Houston Law Review 653 (Winter, 2023) |
The First Amendment restricts the ability of government employers to punish public employees for their speech. The governing constitutional standard, known as the Pickering test, is a flexible balancing inquiry pitting the interests of the government as an employer against the free speech interests of their employees. But this seemingly simple... |
2023 |
| Kathryn M. Capizzi |
THE HAZY EMPLOYMENT PROTECTIONS FOR MEDICAL MARIJUANA USERS IN THE PENNSYLVANIA MEDICAL MARIJUANA ACT |
26 University of Pennsylvania Journal of Law and Social Change 425 (2023) |
INTRODUCTION. 426 I. ROLLING IT OUT: CONTEMPORARY FEDERAL AND STATE LEGISLATION OF MEDICAL MARIJUANA. 428 A. Federal Legislative History Regulating Marijuana Use. 429 1. The Controlled Substances Act (CSA). 429 2. Food, Drug, and Cosmetics Act (FDCA). 431 3. Americans with Disabilities Act (ADA). 431 4. Supreme Court Precedent: Gonzales v.... |
2023 |
| Robert S. Mantell |
THE MISUSE OF THE BUSINESS JUDGMENT RULE IN EMPLOYMENT DISCRIMINATION CASES |
37 ABA Journal of Labor & Employment Law 53 (2023) |
Employees alleging discrimination sometimes argue that an employer's justification for an adverse action is so irrational that a jury could find such explanation to be pretext. In response to such arguments, the courts respond in a varying and highly contradictory fashion. On the one hand, some courts assert that a factfinder is free to infer that... |
2023 |
| Nicholas J. Grandpre |
THE PRIMACY OF FREE EXERCISE IN PUBLIC-EMPLOYEE RELIGIOUS SPEECH |
98 Notre Dame Law Review 1767 (May, 2023) |
Last Term, the Court decided Kennedy v. Bremerton School District. The decision, in which the Court finally overruled Lemon v. Kurtzman, elicited significant commentary. Critics chastised the Court for playing fast and loose with the facts and inviting the reintroduction of prayer in public schools--thus further eroding the separation of church and... |
2023 |
| Anshul Prakash , Deeksha Malik , Sana Sarosh , Partner, Khaitan & Co, Senior Associate, Khaitan & Co, Associate, Khaitan & Co |
TOP 10 STRATEGIES FOR EMPLOYERS IN INDIA TO MITIGATE THE RISK OF DISCRIMINATION CLAIMS |
2/14/2023 ACC Docket 1 (2/14/2023) |
Banner artwork by Hyejin Kang / shutterstock.com Indian laws have set protections for certain categories of employees against discrimination in the workplace. Employers should have or put in place redressal mechanisms to address discrimination claims and train their personnel. Employers should also ensure they have a defensible process for... |
2023 |
| Megan E. Bowling |
TURN UP THE VOLUME: THE CONNICK PICKERING TEST AS A REMEDY FOR QUIET QUITTING AND THE COVID-19 PANDEMIC'S IMPACT ON CRITICAL PRIVATE EMPLOYMENT ISSUES |
92 University of Cincinnati Law Review 172 (10/20/2023) |
In the twentieth century, a shift in American jurisprudence led to the formation of regulations and structures that benefit and protect the American workforce. For those working in the public sector, a line of Supreme Court cases laid a foundation defining their speech protections. Though these cases impacted private sector speech protections, they... |
2023 |
| Chacity C. Simmons |
WHY HE DIDN'T GET THE JOB: THE EVOLUTION OF EMPLOYMENT POLICY ISSUES AFFECTING INDIVIDUALS WITH CRIMINAL RECORDS |
50 Southern University Law Review 85 (Spring, 2023) |
This article will address developments--some recent and some not so recent-- which have helped protect African Americans in connection with their efforts to obtain employment. Specifically, this article will include a focus on some of those developments related to individuals seeking employment who have had interactions with a criminal justice... |
2023 |
| Alicia Jessop, Esq. |
WINNING INCENTIVES: PROPOSED AMENDMENTS TO TITLE VII OF THE CIVIL RIGHTS ACT AND EQUAL EMPLOYMENT OPPORTUNITY ACT TO FOSTER DIVERSE WORKPLACE HIRING AND PROMOTION |
91 UMKC Law Review 775 (Summer, 2023) |
When it comes to workplace discrimination, the American sport industry presents a unique dichotomy. The racial and gender imbalances found in the make-up of professional teams' rosters versus their C-suites depict the hiring and promotion disparities persistent in the American workplace. Yet, because of its widespread visibility and rare ability to... |
2023 |
| Sarah A. Schade |
"THE STAKES OF EMPLOYMENT:" THE IMPORTANCE OF AMENDING THE ELLIOTT-LARSEN CIVIL RIGHTS ACT TO INCLUDE INDEPENDENT CONTRACTORS |
67 Wayne Law Review 601 (Spring, 2022) |
I. Introduction. 602 II. Background. 605 A. Classification of Workers as Employees or Independent Contractors. 605 1. Classification Tests. 606 a. Common Law Control Test. 606 b. Economic Realities Test. 607 c. Hybrid Test. 608 d. ABC Test. 608 2. The Problem of Misclassification. 609 3. Difficulties in Classification in the Gig Economy. 610 B.... |
2022 |
| Sebastian O. Ross |
A "HISTORIC WESTSIDE" STORY: LAS VEGAS BLACK HISTORY, GAMING POLICY EFFECTS ON BLACK EMPLOYMENT, AND GAMING COMPANIES LEAVING MONEY ON THE TABLE |
12 UNLV Gaming Law Journal 287 (Spring, 2022) |
Imagine yourself as a pop-cultural music icon, with generational talent propelling you into a social class in which many others from your background could not imagine themselves in. Your talent commands societal influence over entertainment, politics, and culture. Ultimately, your intangibles and hard work land you a contract performing on the Las... |
2022 |
| Gali Racabi |
ABOLISH THE EMPLOYER PREROGATIVE, UNLEASH WORK LAW |
43 Berkeley Journal of Employment and Labor Law 79 (2022) |
Employers are sovereigns in their workplace. While market power disparities, enforcement gaps, and the dwindling influence of the U.S. labor movement seem to guarantee that, it is the law that anoints employers as kings. Indeed, the employer prerogative stands as the default governing rule in the workplace: all workplace decisions fall within the... |
2022 |
| Christian Webber |
AIDING EMPLOYMENT AND THE ENVIRONMENT ON TRIBAL LANDS: AN ANALYSIS OF HIRING PREFERENCES AND THEIR USE IN THE MINING INDUSTRY |
12 Arizona Journal of Environmental Law & Policy 298 (Summer, 2022) |
This Note analyzes hiring preferences on tribal lands in the mining industry within the United States and particularly in the State of Arizona, which has a relatively high number of both mines and federally recognized tribes. Arizona has its own robust history and case law on hiring preferences in the mining industry for tribal members. This Note... |
2022 |
| Anne Marie Lofaso , Ashley M. Stephens |
ALTERNATIVES TO MAINSTREAM ALTERNATIVE DISPUTE RESOLUTION: ELIMINATING FORCED ARBITRATION AGREEMENTS AS A CONDITION OF EMPLOYMENT |
2022 Utah Law Review 1015 (2022) |
Today, many employers require their employees, as a condition of employment, to agree to arbitrate employment-related legal claims rather than pursue them in court. While arbitration can be mutually beneficial, allowing parties to avoid the cost, time, publicity, and unpredictability associated with traditional litigation, mandatory arbitration... |
2022 |
| James W. Moeller |
ARE EXPERIENCE RANGES IN JOB ADVERTISEMENTS UNLAWFUL UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT? |
27 Texas Journal on Civil Liberties & Civil Rights 217 (Spring, 2022) |
HELP WANTED. Litigation attorney. 3-6 years experience. Apply within. Introduction. 218 I. Age Discrimination In Employment Act. 219 A. Statute. 219 B. ADEA And Title VII. 226 C. ADEA Regulations. 229 II. Employment Discrimination Litigation. 231 A. Workplace Discrimination Under Title VII. 231 B. Workplace Discrimination Under The ADEA. 236 C.... |
2022 |
| Hunter Baehren |
BLACKLISTING ALLOWED? WHETHER THE FALSE CLAIMS ACT PROTECTS FORMER EMPLOYEES FROM RETALIATION |
56 Columbia Journal of Law and Social Problems 91 (Fall, 2022) |
Employers commonly blacklist whistleblowers. Despite its frequency, blacklisting remains unaddressed in many federal whistleblower statutes. These statutes typically contain antiretaliation provisions protecting employees, but since victims of blacklisting are former employees, protection under federal law is uncertain. In Robinson v. Shell Oil... |
2022 |
| Michael Conklin , Jennifer Barger-Johnson , Marty Ludlum |
BRIAN FLORES'S EMPLOYMENT DISCRIMINATION LAWSUIT AGAINST THE NFL: A GAME CHANGER OR BUSINESS AS USUAL? |
29 Jeffrey S. Moorad Sports Law Journal 299 (2022) |
If you can change America's game, you can change America. And the most visible job in America in terms of hiring is the head coaches of the National Football League. -Cyrus Mehri On February 1, 2022, Brian Flores filed an employment discrimination lawsuit against the Miami Dolphins (Dolphins), New York Giants (Giants), and National Football... |
2022 |
| Charles L. Baum II, Ph.D. |
CALCULATING ECONOMIC LOSSES FROM LOST EARNINGS IN EMPLOYMENT TERMINATION CASES IN THE NINTH CIRCUIT |
65-JUL Advocate 32 (June/July, 2022) |
The United States Supreme Court during its 2019-2020 term reviewed several employment termination cases to determine whether the Civil Rights Act protects workers based on sexual orientation and gender identity. The Supreme Court determined (in Bostock v. Clayton Cty., Ga., No. 17-1618 (June 16, 2020)) that protections extend to these workers. This... |
2022 |
| Henry Voysey |
CAN POLITICAL ACTIVISM AND "AT-WILL" EMPLOYMENT COEXIST?: AN EXAMINATION OF POLITICAL RIGHTS IN THE PRIVATE SECTOR OF THE WORKFORCE |
90 UMKC Law Review 965 (Summer, 2022) |
Put yourself in the position of professional sportswriter Bart Hubboch. In the winter of 2017, Hubboch shared his belief that the election of Donald Trump would be catastrophic to America with millions of other people via social media. By all accounts, Hubboch was genuinely fearful; so much so that when Trump was elected, he lost sleep and later... |
2022 |
| Ross D. Vickers |
CLASS EXPANSION DEMANDS EMPLOYER ACTION: REDUCING LIABILITY FOR SEXUAL ORIENTATION AND GENDER IDENTITY DISCRIMINATION |
41 No. 1 Trial Advocate (FDLA) 33 (February, 2022) |
EDITOR'S NOTE: Workplace protection against discrimination based on sex has been interpreted to include discrimination based on sexual orientation as well as gender identity. This article provides a concise overview of the state of the law and some specific suggestions for employers and their counsel. Recent jurisprudence has expanded the class of... |
2022 |
| Kevin Rudolph |
COMPARATIVE DISABILITY POLICY IN EMPLOYMENT |
36 Emory International Law Review 833 (2022) |
For individuals living with disabilities, the ability to obtain employment can be challenging. But often it is not the disability itself that causes the challenge, but employers and society's prejudices. While national legislation both in the United States and abroad have attempted to dispel this prejudice through anti-discrimination programs,... |
2022 |
| William R. Corbett |
CROSS-STATUTE EMPLOYMENT DISCRIMINATION CLAIMS AND THE NEED FOR A "SUPER STATUTE" |
99 Washington University Law Review 1773 (2022) |
C1-2Table of Contents Introduction. 1774 I. Asymmetry Six Decades in the Making. 1778 A. Asymmetry Regarding Remedies. 1780 B. Asymmetry Regarding Causation Standards. 1783 C. Should Asymmetry Be a Cause for Concern?. 1785 II. Problems in Cross-Statute Claims Created by Asymmetrical Employment Discrimination law. 1786 A. Comcast and Title... |
2022 |
| Kevin Brown, Lalit Khandare, Annapurna Waughray, Kenneth Dau-Schmidt, Theodore M. Shaw |
DOES U.S. FEDERAL EMPLOYMENT LAW NOW COVER CASTE DISCRIMINATION BASED ON UNTOUCHABILITY?: IF ALL ELSE FAILS THERE IS THE POSSIBLE APPLICATION OF BOSTOCK v. CLAYTON COUNTY |
46 New York University Review of Law and Social Change 117 (2022) |
This article discusses the issue of whether a victim of caste discrimination based on untouchability can assert a claim of intentional employment discrimination under Title VII or Section 1981. This article contends that there are legitimate arguments that this form of discrimination is a form of religious discrimination under Title VII. The... |
2022 |
| Jessica Block |
EMPLOYMENT LAW: ARE THERE STILL LOSERS' RULES? |
103 Massachusetts Law Review 78 (August, 2022) |
In 2012, after 17 years as a federal district court judge, Hon. Nancy Gertner (ret.) wrote an article titled, Losers' Rules. In the article, she lamented asymmetric decisionmaking in the area of employment discrimination law. In her view, judges are encouraged to write detailed decisions when granting summary judgment and not to write when... |
2022 |
| Christina Redmann |
EMPLOYMENT LAW--ANTIDISCRIMINATION--FALLING INTO THE LEGAL VOID: HOW ARKANSAS CAN PROTECT UNPAID INTERNS FROM DISCRIMINATION AND HARASSMENT |
44 University of Arkansas at Little Rock Law Review 531 (Spring, 2022) |
Annie is a junior at a university in Arkansas. During the summer, Annie takes an internship with a private company. Unfortunately for Annie, the internship is unpaid, but it will look good on her resume once she finishes college. A few weeks after starting her internship, one of the employees at the company begins making crude sexual comments to... |
2022 |
| Margaret R. Austen |
EMPLOYMENT LAW--INTERSECTING IDENTITIES & IDEOLOGIES, NONDISCRIMINATION, AND THE FIRST AMENDMENT MINISTERIAL EXCEPTION DEFENSE-- DEWEESE-BOYD v. GORDON COLLEGE, 163 N.E.3D 1000 (MASS. 2021) |
27 Suffolk Journal of Trial and Appellate Advocacy 181 (2021-2022) |
When fundamental legal principles such as religious freedom and discrimination intersect, a great tension emerges. The ministerial exemption--an affirmative defense under the First Amendment--sits at this intersection, barring employment discrimination claims against religious institutions by their ministerial employees. In DeWeese-Boyd v. Gordon... |
2022 |
| Joshua R. Woodard , Jennifer R. Yee |
FEDERAL EQUAL EMPLOYMENT OPPORTUNITY LAW |
58-JAN Arizona Attorney 50 (January, 2022) |
Despite being the second full year of the pandemic, 2021 brought several federal court decisions that were instructive to employment law practitioners. Some decisions were victories for employers, and others were victories for employees. Regardless of the outcome, all the opinions continue to shape the landscape of federal EEO jurisprudence. Below... |
2022 |
| Logan B. Fontenot |
FEDERATIE NEDERLANDSE VAKBEWEGING v. UBER B.V.; THE COURT OF AMSTERDAM INTRODUCES THE "MODERN EMPLOYMENT RELATIONSHIP" |
30 Tulane Journal of International and Comparative Law 433 (Summer, 2022) |
I. Overview. 433 II. Background. 435 III. The Court's Decision. 441 IV. Analysis. 444 V. Conclusion. 447 |
2022 |
| Brett H. McDonnell , Matthew T. Bodie |
FROM MANDATES TO GOVERNANCE: RESTRUCTURING THE EMPLOYMENT RELATIONSHIP |
81 Maryland Law Review 887 (2022) |
The law imposes a dizzying array of responsibilities on employers with respect to their employees. Meant to advance a wide array of workplace policies, these demands have saddled employment with the burden of numerous social goals. The employment ecosystem has increasingly come under strain as companies seek to shed employment relationships and... |
2022 |
| Patrice Ruane |
FROM PIN MONEY WORKERS TO ESSENTIAL WORKERS: LESSONS ABOUT WOMEN'S EMPLOYMENT AND THE COVID-19 PANDEMIC FROM THE GREAT DEPRESSION AND THE GREAT RECESSION |
29 UCLA Journal of Gender & Law 335 (Summer, 2022) |
C1-2Table of Contents Introduction. 336 I. The Great Depression. 342 A. Characteristics of the Women's Workforce Before the Great Depression. 343 1. The Image of Working Women. 344 2. Wage and Hour Legislation for Women Before the Great Depression. 348 B. The Employment Landscape During the Great Depression. 354 C. Federal Policy Responses. 357 1.... |
2022 |
| Max Londberg |
HIRING CRITERIA AND TITLE VII: HOW ONE MANIFESTATION OF EMPLOYER BIAS EVADES JUDICIAL SCRUTINY |
91 University of Cincinnati Law Review 516 (2022) |
Writing in 1988, feminist and critical race scholar Kimberlé Williams Crenshaw described the Civil Rights Act of 1964 (commonly known as Title VII) as contributing to the removal of most formal barriers and symbolic manifestations of subordination. But the Act and other reforms ultimately fell short, for a challenge to the legitimacy of... |
2022 |
| Taylor Arluck |
HOW THE NATIONAL LABOR RELATIONS BOARD IS STILL FAILING MARGINALIZED EMPLOYEES |
87 Brooklyn Law Review 1007 (Spring, 2022) |
While the [National Labor Relations Act] properly understands that rough words and strong feelings can arise in the tense and acrimonious world of workplace strikes, targeting others for sexual or racial degradation is categorically different. Conduct that is designed to humiliate and intimidate another individual because of and in terms of that... |
2022 |
| Mikaela A. Phillips |
JUST CAUSE, NOT JUST BECAUSE: A PRO-WORKER REFORM FOR THE EMPLOYMENT LANDSCAPE |
170 University of Pennsylvania Law Review Online 90 (2022) |
The at-will doctrine permits employers to terminate employees at any time for any reason--or no reason at all--so long as it is not an illegal one. This creates a significant power imbalance between employers and employees, chills employee speech regarding unsafe or unlawful workplace conduct, and leaves employees vulnerable to arbitrary and unjust... |
2022 |
| Joseph Hayes Rochman |
KENTUCKY FEDERAL COURT DISMISSES RELIGIOUS DISCRIMINATION CLAIMS BY FIRED ALLSTATE EMPLOYEE WHO POSTED HETEROSEXIST COMMENTS ON COMPANY BLOG |
2022 LGBT Law Notes 16 (March, 2022) |
On February 1, 2022, U.S. District Judge Karen K. Caldwell dismissed a lawsuit for failure to state a claim by an Allstate salesperson who posted homophobic and heterosexist remarks on an internal company blog, Allconnect, and was later fired for failure to meet performance metrics. Wehrly v. Allstate Ins. Co., No. 5:21-135-KKC, 2022 U.S. Dist.... |
2022 |
| Christopher R. Deubert |
LABOR & EMPLOYMENT LAW GUIDANCE FOR PROFESSIONAL SPORTS TEAMS |
32 Marquette Sports Law Review 359 (Spring, 2022) |
This Article is intended to be a resource for counsel providing advice to professional sports teams, either in-house or at a law firm. Counsel for professional sports handle a wide range of legal issues. Nevertheless, labor and employment is typically one of the most important and consistent areas of practice. Moreover, the handling of labor and... |
2022 |
| W. Jonathan Martin II , Patricia-Anne Brownback |
LABOR AND EMPLOYMENT |
73 Mercer Law Review 1305 (Summer, 2022) |
This Article focuses on recent cases concerning federal labor and employment laws. The following is a discussion of those opinions. Title VII of the Civil Rights Act (Title VII) does not allow employers to discriminate based on the protected classes of: race, color, religion, sex, or national origin. This includes limiting, segregating, or... |
2022 |
| Sheya Rivard |
LEAVING "SEX" OUT OF IT: AMENDING THE FEDERAL ARBITRATION ACT TO ENSURE BOSTOCK'S VICTORY FOR LGBTQ EMPLOYEE RIGHTS |
27 Roger Williams University Law Review 159 (Winter, 2022) |
After reading the news that the Supreme Court had ruled in his favor, Gerald Bostock screamed and hugged his partner Andy: The long, seven-year journey I've had, it's well worth every ache and pain. I didn't ask for this, but it needed to be done. Like Gerald Bostock, other LGBTQ employees from across the nation described being overcome with... |
2022 |
| Andrew S. Boutros , John R. Schleppenbach , Dechert LLP, Chicago, Illinois and Washington, D.C., 312-646-5803, Email andrew.boutros@dechert.com, Website www.dechert.com, Twitter @dechertllp, Dechert LLP, Chicago, Illinois, 312-646-5806, Email jay.schleppe |
MORE BITE THAN JUST BARK: USING MODEL RULE 4.2'S NO-CONTACT RULE TO LIMIT THE GOVERNMENT'S CONTACT WITH EMPLOYEES OF A REPRESENTED COMPANY |
46-FEB Champion 16 (January/February, 2022) |
When companies retain white collar counsel to investigate and respond to potential internal wrongdoing, they hope that being represented will help them to gather relevant facts quickly and effectively and apply those facts to the law, all while presenting a united front to the government. But these hopes can be dampened if the government... |
2022 |
| Michael J. Hayes |
NOW WE HAVE REASON TO FIRE YOU: WHAT SHOULD STATES DO ABOUT THE EMPLOYER "AFTER-ACQUIRED" EMPLOYEE WRONGDOING DEFENSE? |
16 FIU Law Review 621 (Spring, 2022) |
Wrongful employer conduct, particularly discrimination and harassment, is leading to efforts to provide more protection to employees, and compensate them for wrongdoing already done to them. As shown by the Michigan Supreme Court's July 2021 Lichon v. Morse decision that adopted a new and more pro-employee standard for when employers can compel... |
2022 |
| Jade Wolansky |
NOW WHAT? POST-JANUS PRIVACY RIGHTS FOR UNIONIZED CALIFORNIA PUBLIC EMPLOYEES IN THE DIGITAL AGE |
53 University of the Pacific Law Review 677 (May, 2022) |
C1-2Table of Contents I. Introduction. 678 II. The Current State of Public Unions. 680 A. The National Labor Relations Act, Labor Unions and Collective Bargaining. 681 B. Union Membership, Janus v. AFSCME, and the Free Rider Problem. 682 C. The Union Difference. 683 III. Public Records Laws and Lawsuits in Washington, Oregon, and California. 684 A.... |
2022 |
| Katherine E. Miller |
PERMITTING AFTER-ACQUIRED EVIDENCE OF EMPLOYEE QUALIFICATIONS: PERPETUATING A MCKENNON DISTINCTION WITHOUT A DIFFERENCE |
55 Suffolk University Law Review 93 (2022) |
Above all, the [Americans with Disabilities Act] is about one clear and forthright message: That discrimination of any kind has no place in America .. Discrimination no longer has a legal leg to stand on. Despite legislative and societal condemnation, employment discrimination has found several legal legs to stand on, both historically and in the... |
2022 |
| Konrad S. Lee , Laura Kent-Jensen |
POLITICS AND EMPLOYMENT DISCRIMINATION |
24 Atlantic Law Journal 236 (2022) |
On May 25, 2020, Minneapolis police officers arrested George Floyd, a 46-year-old Black man, after a convenience store clerk claimed he used a counterfeit $20 bill to buy cigarettes. Mr. Floyd died after Derek Chauvin, one of the police officers, handcuffed him and pinned him to the ground with a knee, an episode that was captured on video and... |
2022 |
| Charles Tait Graves |
QUESTIONING THE EMPLOYEE NON-SOLICITATION COVENANT |
55 Loyola of Los Angeles Law Review 959 (Fall, 2022) |
Based on an in-depth review of the dubious justifications courts have offered when enforcing co-worker non-solicitation covenants, this Article proposes that courts have too strongly favored employers against their former employees in such disputes. A co-worker non-solicitation covenant is a contract term that prohibits a departing employee, for... |
2022 |
| Jacob M. Amstutz |
RECLAIMING AMERICA AS THE LAND OF OPPORTUNITY: HOW INTERNATIONAL LAW CAN HELP THE UNITED STATES INCREASE EMPLOYMENT FOR PERSONS WITH INTELLECTUAL DISABILITIES |
32 Indiana International & Comparative Law Review 563 (2022) |
In his book The Epic of America, James Truslow Adams defines the American Dream as a dream of a social order in which each man and each woman shall be able to attain to the fullest stature of which they are innately capable, and be recognized by others for what they are, regardless of the fortuitous circumstances of birth or position. This... |
2022 |
| Stewart J. Schwab |
REGULATING NONCOMPETES BEYOND THE COMMON LAW: THE UNIFORM RESTRICTIVE EMPLOYMENT AGREEMENT ACT |
98 Indiana Law Journal 275 (Winter 2022) |
The common law has never treated a post-employment noncompete agreement between employer and employee like an ordinary contract. Rather, a court will enforce a noncompete only if it is reasonably tailored in time, geography, and scope of business to further a legitimate employer interest. Suppressing competition is an understandable but not... |
2022 |
| Tolulope F. Odunsi |
REMEDYING TRAIT-BASED EMPLOYMENT DISCRIMINATION: LESSONS FROM THE CROWN ACT |
14 Northeastern University Law Review 317 (June, 2022) |
Introduction I. Background A. America's Racial Hierarchy and its Impact on Today's Workforce B. Federal Theories of Discrimination: Section 1981 & Title VII II. Historical and Legal Overview of Colorism Against Dark-Skinned, Black Litigants A. Scholarly and Administrative Solutions III. A History of Federal Hair Discrimination Jurisprudence A.... |
2022 |
| Emily Vida |
SHORT-TIME WORK: AN ALTERNATIVE TO AD HOC LEGISLATION FOR SAVING EMPLOYMENT DURING ECONOMIC CRISES |
23 Oregon Review of International Law 249 (2022) |
Introduction. 250 I. Employment Landscape Following the COVID-19 Crisis. 252 A. COVID-19's Economic Effect in the United States. 253 B. COVID-19's Economic Effect in Germany. 257 II. Policy Responses. 258 A. United States' Paycheck Protection Program. 258 B. Short-Time Work Programs and Germany's Kurzarbeit. 261 III. Policy Impacts on Employment.... |
2022 |
| Katelyn Deibler |
THE BLACKLIST: POST-EMPLOYMENT RETALIATION UNDER THE FALSE CLAIMS ACT |
49 Ohio Northern University Law Review 21 (2022) |
Within employment and whistleblower statutes lie hundreds of anti-retaliation provisions that were enacted to encourage individuals to report discrimination, harassment, and fraud in the workplace. In creating these protections, legislatures recognized one basic principle: strong anti-retaliation protections are necessary to encourage employees to... |
2022 |
| D'Andra Millsap Shu |
THE COMING CAUSATION REVOLUTION IN EMPLOYMENT DISCRIMINATION LITIGATION |
43 Cardozo Law Review 1807 (June, 2022) |
For more than a decade, employment discrimination causation law has been a confusing, often overly restrictive quagmire that has contributed substantially to the paltry success rate of plaintiffs in employment discrimination cases. Most of these cases are dismissed pretrial, all too often based on a failure of causation. A key reason traces back to... |
2022 |
| Joshua G. Wolford |
THE MOST DANGEROUS OF ALL SUBVERSIONS: TAMING THE AT-WILL EMPLOYMENT DOCTRINE BY STATUTORILY SAFEGUARDING PRIVATE EMPLOYEES' PUBLIC PROTEST SPEECH |
110 Kentucky Law Journal 791 (2021-2022) |
Table of Contents. 791 Introduction. 792 I. The American Worker and Free Speech: Protections for Some, Capriciousness for Most, AND Uncertainty for All. 794 A. Protections for Some. 795 B. Capriciousness for Most. 798 II. Wrongful Discharge Claims and The Free Speech Freeze Out. 801 A. The Common Law Mess. 802 B. Wrongful Termination in Violation... |
2022 |
| Keith E. Sonderling, Bradford J. Kelley, Lance Casimir |
THE PROMISE AND THE PERIL: ARTIFICIAL INTELLIGENCE AND EMPLOYMENT DISCRIMINATION |
77 University of Miami Law Review 1 (Fall, 2022) |
Artificial intelligence (AI) is undeniably transforming the workplace, though many implications remain unknown. Employers increasingly rely on algorithms to determine who gets interviewed, hired, promoted, developed, disciplined, or fired. If appropriately designed and applied, AI promises to help workers find their most rewarding jobs, match... |
2022 |