| Author | Title | Citation | Summary | Year |
| Richard Hiers |
PUBLIC EMPLOYEES' FREE SPEECH: AN ENDANGERED SPECIES OF FIRST AMENDMENT RIGHTS IN SUPREME COURT AND ELEVENTH CIRCUIT JURISPRUDENCE |
5 University of Florida Journal of Law and Public Policy 169 (Spring, 1993) |
I. INTRODUCTION. 171 II. BACKGROUND AND PRECEDENT: SUPREME COURT AND FIFTH AND ELEVENTH CIRCUIT DECISIONS PRIOR TO CONNICK. 173 A. Early Supreme Court Decisions: Keyishian, Pickering, and Perry. 174 1. Keyishian. 175 2. Pickering. 177 3. Perry v. Sanderman: Before and After in the Fifth Circuit. 183 B. Mt. Healthy, Givhan, and Fifth Circuit... |
1993 |
| George Rutherglen |
RECONSIDERING BURDENS OF PROOF: IDEOLOGY, EVIDENCE, AND INTENT IN INDIVIDUAL CLAIMS OF EMPLOYMENT DISCRIMINATION |
1 Virginia Journal of Social Policy and the Law 43 (Spring, 1993) |
In McDonnell Douglas Corp. v. Green, the Supreme Court devised a test for individual claims of employment discrimination which has since become ubiquitous. The application of this test has become ever broader, as claims for employment discrimination have expanded to discrimination on the basis of age and disabilities, as jury trial has become more... |
1993 |
| Eileen M. Mullen |
ROTATING JAPANESE MANAGERS IN AMERICAN SUBSIDIARIES OF JAPANESE FIRMS: A CHALLENGE FOR AMERICAN EMPLOYMENT DISCRIMINATION LAW |
45 Stanford Law Review 725 (February, 1993) |
I. Introduction. 726 II. Allegations of Discrimination in Favor of Japanese Managers. 731 A. Americans Excluded from Decisionmaking. 731 1. Japanese-only meetings. 731 2. Meetings conducted in Japanese. 732 3. Information isolation. 733 4. Business conducted during Japanese-only socializing. 734 B. Titles Without Authority. 734 C. Separate Career... |
1993 |
| Cheryl Krause Zemelman |
THE AFTER-ACQUIRED EVIDENCE DEFENSE TO EMPLOYMENT OF TITLE VII AND THE CONTOURS OF SOCIAL RESPONSIBILITY |
46 Stanford Law Review 175 (November, 1993) |
The recently developed after-acquired evidence defense allows employers to escape liability or mitigate damages in Title VII claims by introducing evidence of an employee's wrongdoing that the employer discovered after its employment decision. Cheryl Krause Zemelman analyzes this controversial defense by placing its development within a larger... |
1993 |
| Howard Eglit |
THE AGE DISCRIMINATION IN EMPLOYMENT ACT, TITLE VII, AND THE CIVIL RIGHTS ACT OF 1991: THREE ACTS AND A DOG THAT DIDN'T BARK |
39 Wayne Law Review 1093 (Spring, 1993) |
I. Introduction. 1096 II. CRA Provisions that Expressly or Impliedly Modify the ADEA. 1106 A. Express Changes Made to the ADEA. 1106 1. The Statute of Limitations for Private Litigation. 1106 2. The Statute of Limitations for EEOC Suits. 1110 B. Changes Expressly Linked to, but not Expressly Modifying, the ADEA. 1114 1. The Government Employee... |
1993 |
| Mark B. Schaffer |
THE IMPLICATIONS OF JAPANESE CULTURE ON EMPLOYMENT DISCRIMINATION LAWS IN THE UNITED STATES |
16 Houston Journal of International Law 375 (Winter, 1993) |
C1-3TABLE OF CONTENTS I. INTRODUCTION. 375 II. STATE OF THE LAW. 378 A. The FCN Treaty and Title VII. 378 B. Lower Court Authority. 380 1. The Second Circuit. 380 2. The Fifth Circuit. 382 C. U.S. Supreme Court Authority. 383 III. JAPANESE CULTURE. 384 A. Foundation for Distrust: In-Group v. Out-Group. 384 B. Japanese Business Practices. 387 C.... |
1993 |
| Mark A. Schuman |
THE POLITICS OF PRESUMPTION:ST. MARY'S HONOR CENTER V. HICKS AND THE BURDENS OF PROOF IN EMPLOYMENT DISCRIMINATION CASES |
9 Saint John's Journal of Legal Commentary 67 (Fall 1993) |
The Supreme Court's decision in St. Mary's Honor Center v. Hicks was one of the most controversial decisions the Court handed down in a largely low-key 1992-93 term. The decision determined the relative burdens of proof the plaintiff and defendant carry in a suit charging intentional employment discrimination (also know as disparate treatment)... |
1993 |
| Rebecca Hanner White , Robert D. Brussack |
THE PROPER ROLE OF AFTER-ACQUIRED EVIDENCE IN EMPLOYMENT DISCRIMINATION LITIGATION |
35 Boston College Law Review 49 (December, 1993) |
A new defense to employment discrimination claims has gained acceptance in the lower courts. Employers who allegedly have discriminated against their employees because of race, sex or age are winning judgments on the basis of after-acquired evidence of employee misconduct. The evidence is after-acquired in the sense that the misconduct was... |
1993 |
| Joshua B. Levy |
THE SHIFTING BURDENS OF PROOF IN EMPLOYMENT DISCRIMINATION LAWS |
66-DEC Wisconsin Lawyer 16 (December, 1993) |
On June 25, 1993, the U.S. Supreme Court issued its decision in St. Mary's Honor Center v. Hicks. The five-to-four Supreme Court decision delivered by Justice Scalia addressed the issue of whether, in an employment discrimination lawsuit alleging disparate treatment brought under Title VII of the Civil Rights Act of 1964, the trier of fact's... |
1993 |
| Robert J. Gregory , Equal Employment Opportunity Commission, Washington, D.C. |
THE USE OF AFTER-ACQUIRED EVIDENCE IN EMPLOYMENT DISCRIMINATION CASES: SHOULD THE GUILTY EMPLOYER GO FREE? |
9 Labor Lawyer 43 (Winter, 1993) |
An employee is fired from his job. The employee brings suit under Title VII of the Civil Rights Act of 1964, alleging race discrimination. In the course of defending against the action, the employer discovers that the employee had engaged in misconduct on the job prior to his discharge. The employer was not aware of the misconduct at the time it... |
1993 |
| Dawn Bennett-Alexander |
THE USE OF DISPARATE IMPACT ANALYSIS IN SUBJECTIVE CRITERIA EMPLOYMENT DISCRIMINATION CASES: ALL THAT GLITTERS ISN'T GOLD? |
12 National Black Law Journal 189 (Winter, 1993) |
Employers can't use poorly conceived, basically lousy, thoughtless evaluation procedures to determine who they will hire. This is how one attorney characterized the holding in the U.S. Supreme Court's recent decision of Watson v. Fort Worth Bank and Trust. In a victory for employees, the Court held 8-0 that Title VII discrimination claims... |
1993 |
| Michael W. Roskiewicz |
TITLE VII REMEDIES: LIFTING THE STATUTORY CAPS FROM THE CIVIL RIGHTS ACT OF 1991 TO ACHIEVE EQUAL REMEDIES FOR EMPLOYMENT DISCRIMINATION |
43 Washington University Journal of Urban and Contemporary Law 391 (Spring, 1993) |
Title VII of the Civil Rights Act of 1964 represents a landmark in employment discrimination legislation. Title VII protects against discrimination based on race, color, sex, or national origin in virtually every aspect of the employment relationship. The 1964 Act gave courts the authority to use equitable remedies to eradicate discrimination from... |
1993 |
| Alex Young K. Oh |
USING EMPLOYMENT TESTERS TO DETECT DISCRIMINATION: AN ETHICAL AND LEGAL ANALYSIS |
7 Georgetown Journal of Legal Ethics 473 (Fall, 1993) |
I. Introduction A. Historical Background B. EEOC Policy Guide and the Fair Employment Council Litigation II. Ethical Considerations A. Challenges on Ethical Grounds 1. Misrepresentation 2. Manufacturing Litigation B. ABA Model Rules of Professional Conduct 1. Rules Against Misrepresentation 2. Rules Against Solicitation C. A More Flexible Approach... |
1993 |
| David D. Kadue, William J. Dritsas |
WHEN WHAT YOU DIDN'T KNOW CAN HELP YOU-EMPLOYERS' USE OF AFTER-ACQUIRED EVIDENCE OF EMPLOYEE MISCONDUCT TO DEFEND WRONGFUL DISCHARGE CLAIMS |
27 Beverly Hills Bar Association Journal 117 (Summer, 1993) |
After the dismissal of an employee, facts sometimes emerge to suggest that the employee should have been fired even sooner, or never hired at all. Increasingly, employers cite after-acquired evidence of an employee's misconduct to defend lawsuits for breach of employment contract and for employment discrimination. Some cases relying upon this... |
1993 |
| Rosalio Castro , Lucia Corral |
WOMEN OF COLOR AND EMPLOYMENT DISCRIMINATION: RACE AND GENDER COMBINED IN TITLE VII CLAIMS |
6 La Raza Law Journal 159 (1993) |
The American labor system has been shaped by historical White male domination that continues to subordinate people of color and women. The authors agree with theorists and scholars who argue that working women of color are more vulnerable to racist and sexist employment practices than either working White women or working men of color. This is true... |
1993 |
| Ruth C. Vance |
WORKERS' COMPENSATION AND SEXUAL HARASSMENT IN THE WORKPLACE: A REMEDY FOR EMPLOYEES, OR A SHIELD FOR EMPLOYERS? |
11 Hofstra Labor Law Journal 141 (Fall, 1993) |
Because of the Anita Hill-Clarence Thomas hearings, the Tailhook incident, and the attention that the media devoted to them, the public is now familiar with the term sexual harassment. Despite familiarity with the term, many people remain uncertain about what sexual harassment is. Actually, this offensive workplace activity had no label until the... |
1993 |
| Lois L. Krieger |
"MISS SAIGON" AND MISSED OPPORTUNITY: ARTISTIC FREEDOM, EMPLOYMENT DISCRIMINATION, AND CASTING FOR CULTURAL IDENTITY IN THE THEATER |
43 Syracuse Law Review 839 (1992) |
In August 1990, Actors Equity Association, a union representing stage actors, barred a white British actor from repeating his performance of a Eurasian character in the Broadway production of the hit London musical Miss Saigon because Asian actors had not been given a chance to audition for the role. The same year, Native American actors protested... |
1992 |
| George Rutherglen |
ABOLITION IN A DIFFERENT VOICE |
78 Virginia Law Review 1463 (September, 1992) |
Forbidden Grounds, by Professor Richard Epstein, is the latest and perhaps the most controversial of his many works expounding a comprehensive libertarian critique of American law. Epstein has argued tirelessly, and often brilliantly, for a libertarian approach to an ever-expanding range of legal issues, from tort law to takings to legal theory. In... |
1992 |
| John J. Donohue III |
ADVOCACY VERSUS ANALYSIS IN ASSESSING EMPLOYMENT DISCRIMINATION LAW |
44 Stanford Law Review 1583 (July, 1992) |
Prior to the passage of Title VII of the 1964 Civil Rights Act, individuals of substance argued with great force that an essential element of freedom included the right of private employers to discriminate against blacks. Over the succeeding quarter century, these voices have lapsed into silence as the principle of equal opportunity in employment... |
1992 |
| Stephen A. Plass |
BEDROCK PRINCIPLES, ELUSIVE CONSTRUCTION, AND THE FUTURE OF EQUAL EMPLOYMENT LAWS |
21 Hofstra Law Review 313 (Winter, 1992) |
Introduction. 314 I. Title VIIOriginal Legislation and Construction. 318 A. Legislative Limitations of Title VII. 318 B. Recent Court-Imposed Limitations. 320 1. The Causation and Same Decision Test. 320 2. Facially Neutral Policies and the Statute of LimitationsThe Clairvoyant Employee Problem. 323 3. Tougher Disparate Impact Burdens. 326 4.... |
1992 |
| Patricia A. Sexton |
CIVIL RIGHTS LAW: THE PDA AND EMPLOYMENT LEAVES ARISING FROM PREGNANCY AND PREGNANCY-RELATED CONDITIONS-EMPLOYERS ENGAGING IN DISPARATE TREATMENT OF PREGNANT EMPLOYEES SUBJECT TO TITLE VII ATTACK [EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. ACKERMAN, HOOD |
32 Washburn Law Journal 133 (Fall, 1992) |
In Equal Employment Opportunity Commission v. Ackerman, Hood & McQueen, Inc., the United States Court of Appeals for the Tenth Circuit reiterates the comparison a court must make when determining whether employer actions discriminate against pregnant women under Title VII of the 1964 Civil Rights Act. The Tenth Circuit rejects the argument that a... |
1992 |
| Louise B. Moses |
CONSTITUTIONAL LAW-CIVIL RIGHTS-TITLE VII HELD NOT TO APPLY EXTRATERRITORIALLY TO PROTECT AMERICAN CITIZENS WORKING ABROAD FOR AMERICAN EMPLOYERS, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. ARABIAN AMERICAN OIL CO., 111 S.CT. 1227 (1991). |
16 Suffolk Transnational Law Review 240 (Fall, 1992) |
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits an employer from discriminating against any individual on the basis of race, color, religion, sex, or national origin. In Equal Employment Opportunity Commission v. Arabian American Oil Co., the United States Supreme Court considered whether Title VII applied extraterritorially to... |
1992 |
| Clyde Summers |
EFFECTIVE REMEDIES FOR EMPLOYMENT RIGHTS: PRELIMINARY GUIDELINES AND PROPOSALS |
141 University of Pennsylvania Law Review 457 (December, 1992) |
Labor lawyers and scholars have become increasingly aware during the last dozen years of a broad, long-term trend toward greater legal protection of the individual employee in the employment relation. This awareness was triggered in part by the dramatic change in judicial attitudes toward employment at will. Led by courts in California,... |
1992 |
| Frank J. Cavico |
EMPLOYMENT AT WILL AND PUBLIC POLICY |
25 Akron Law Review 497 (Winter/Spring, 1992) |
The most significant employment law development in the last two decades has been the erosion of the conventional employment at will doctrine and the concomitant creation of statutory and common law exceptions to its dictate. In recent years, United States' courts in particular have become increasingly dissatisfied with the absolutist formulation of... |
1992 |
| Joseph L. Gastwirth |
EMPLOYMENT DISCRIMINATION: A STATISTICIAN'S LOOK AT ANALYSIS OF DISPARATE IMPACT CLAIMS |
11 Law & Inequality: A Journal of Theory and Practice 151 (December, 1992) |
Employment discrimination is an enduring problem in this country, preventing the employment or impeding the advancement of certain members of society. While Title VII has done much to eliminate practices which are openly discriminatory, many requirements for employment and promotion function with discriminatory effect. Disparate impact describes... |
1992 |
| Jill S. Bilanchone |
EMPLOYMENT DISCRIMINATION--FETAL PROTECTION POLICIES AFTER JOHNSON CONTROLS: A TRUE VICTORY FOR SEXUAL EQUALITY IN THE WORKPLACE? |
27 Wake Forest Law Review 769 (Fall, 1992) |
Title VII rejects . . . romantic paternalism as unduly Victorian and instead vests individual women with the power to decide whether or not to take on unromantic tasks. Men have always had the right to determine whether the incremental increase in remuneration for strenuous, dangerous, obnoxious, boring or unromantic tasks is worth the candle. The... |
1992 |
| Steven C. Mannion |
EMPLOYMENT DISCRIMINATION-TITLE VII-SIGNIFICANT BASES REQUIRED TO SUPPORT BUSINESS JUSTIFICATION DEFENSE TO DISPARATE IMPACT OF RESIDENCY REQUIREMENT AND PRIMA FACIE CASE PROPERLY DETERMINED BY STATISTICAL REFERENCE TO RELEVANT LABOR MARKET-NEWARK BRANCH, |
23 Seton Hall Law Review 323 (1992) |
Congress enacted Title VII of the Civil Rights Act (Act) in 1964 to prohibit employers from depriving any individual of employment opportunity on the basis of race, religion, gender, color or national origin. Initially, the Act's aim was to prohibit disparate treatment, but it was later interpreted to proscribe disparate impact as well.... |
1992 |
| Paul S. Zilberfein |
EMPLOYMENT DIVISION, DEPARTMENT OF HUMAN RESOURCES OF OREGON v. SMITH: THE EROSION OF RELIGIOUS LIBERTY |
12 Pace Law Review 403 (Spring, 1992) |
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. Declaration of Independence (1776) The Religion then of every man must be left to the conviction and conscience of every man; and it is the... |
1992 |
| Robert A. Sedler |
EMPLOYMENT EQUALITY, AFFIRMATIVE ACTION, AND THE CONSTITUTIONAL POLITICAL CONSENSUS |
90 Michigan Law Review 1315 (May, 1992) |
Equality Transformed: A Quarter-Century of Affirmative Action. By Herman Belz. New Brunswick, N.J.: Transaction Publishers. 1991. Pp. 313. Cloth, $32.95; paper, $19.95. A Conflict of Rights: The Supreme Court and Affirmative Action. By Melvin I. Urofsky. New York: Charles Scribner's Sons. 1991. Pp. xii, 270. $22.95. It has now been a quarter... |
1992 |
| Christopher Payne |
EMPLOYMENT LAW AND THE CIVIL RIGHTS ACT OF 1991 |
69 Denver University Law Review 939 (1992) |
A two-year legislative struggle to reform civil rights legislation ended last November 21st when President Bush signed the Civil Rights Act of 1991 (the Act) into law. Unfortunately, the Act's unanswered questions have moved the struggle from Congress to the federal judiciary. The next few years are likely to be highly charged in the area of... |
1992 |
| J. Hoult Verkerke [ ] |
FREE TO SEARCH |
105 Harvard Law Review 2080 (June, 1992) |
Many readers of Richard Epstein's provocative new book, Forbidden Grounds: The Case Against Employment Discrimination Laws, undoubtedly will react as Ronald Reagan did to Jimmy Carter during one of their televised debates and say: There you go again. As in much of his prior scholarship, Epstein takes a position well outside the mainstream of... |
1992 |
| Mark A. Rothstein |
GENETIC DISCRIMINATION IN EMPLOYMENT AND THE AMERICANS WITH DISABILITIES ACT |
29 Houston Law Review 23 (Spring, 1992) |
I. Introduction: The Human Genome Project and Genetic Discrimination in Employment. 24 II. Overview of the Americans with Disabilities Act. 34 III. The ADA and Genetic Conditions. 39 A. Already-Expressed Genetic Diseases. 39 B. Already-Expressed Minor Genetic Conditions. 41 C. Unexpressed Late-Onset Genetic Diseases. 43 D. Genetic... |
1992 |
| Lairold M. Street, Esq |
HELPING JAPANESE FIRMS COPE WITH EMPLOYEE BENEFITS AND U.S. LABOR AND EMPLOYMENT LAWS |
35 Howard Law Journal 381 (Spring, 1992) |
Recent developments in transnational employment and labor law in the area of Friendship, Commerce, & Navigation Treaties (FCN) illustrate the growth of American and foreign companies worldwide. Countries are becoming aware of the implications of employment and legal issues that transcend national borders. Foreign companies operating in the United... |
1992 |
| Robert C. Lind , Alan D. Ullberg |
INSTITUTIONAL REGULATION OF EMPLOYEE EXPRESSION: WRITING AS A CONFLICT OF INTEREST WITHIN MUSEUMS AND RELATED NONPROFIT INSTITUTIONS |
32 Santa Clara Law Review 427 (1992) |
A museum is an educational institution and a center for learning. In this environment writing and other creative pursuits should be fostered and encouraged. However, when writing is produced by an employee, a museum is faced with a number of concerns. These concerns differ, depending on the institution's status or role in relation to the issues... |
1992 |
| John P. O'Brien |
IT IS BUSINESS AS USUAL IN THE EXTRATERRITORIAL WORLD OF TITLE VII: AMERICAN EMPLOYERS WHO EMPLOY AMERICANS ABROAD ARE NOT SUBJECT TO TITLE VII-EEOC v. ARABIAN AMERICAN OIL CO., 111 S.CT. 1227 (1991). |
33 South Texas Law Review 313 (February, 1992) |
I. INTRODUCTION. 313 II. HISTORICAL GLANCE AT EXTRATERRITORIALITY. 314 III. PRESENT STATUS OF EXTRATERRITORIAL APPLICATION OF TITLE VII. 319 IV. POLICY CONSIDERATIONS AND ANALYSIS. 322 IV. CONCLUSION. 326 |
1992 |
| Tracy Karen Finkelstein |
JUDICIAL AND ADMINISTRATIVE INTERPRETATIONS OF THE BONA FIDE OCCUPATIONAL QUALIFICATION AS APPLIED TO THE AGE DISCRIMINATION IN EMPLOYMENT ACT |
40 Cleveland State Law Review 217 (1992) |
I. INTRODUCTION. 217 II. THE AGE DISCRIMINATION EMPLOYMENT ACT. 221 A. History. 221 B. Application. 223 III. THE BONA FIDE OCCUPATIONAL QUALIFICATION. 225 A. Background. 225 B. The Legislature Intended that the ADEA be Interpreted Broadly and that the BFOQ be Interpreted Narrowly. 226 C. EEOC's Interpretation of the BFOQ Defense Under Title VII.... |
1992 |
| Mark Gould |
LAW AND SOCIOLOGY: SOME CONSEQUENCES FOR THE LAW OF EMPLOYMENT DISCRIMINATION DERIVING FROM THE SOCIOLOGICAL RECONSTRUCTION OF ECONOMIC THEORY |
13 Cardozo Law Review 1517 (March, 1992) |
One of the more important developments in legal thinking over the past generation has been the law-and-economics movement. This broad-based school has attempted to introduce modes of analysis drawn from economic theory into an explanation for the emergence and development of common-law rulings and institutions and has attempted to apply these modes... |
1992 |
| Gregory S. Crespi |
MARKET MAGIC: CAN THE INVISIBLE HAND STRANGLE BIGOTRY? |
72 Boston University Law Review 991 (November, 1992) |
My attitudes regarding racial and gender discrimination are probably typical for a white male of the baby-boom generation. I have long believed that American society is moving fitfully but inexorably toward full racial and gender equality. While I recognize that many pockets of personal and institutional bias persist, I regard them as anomalies of... |
1992 |
| Karl E. Klare |
POWER/DRESSING: REGULATION OF EMPLOYEE APPEARANCE |
26 New England Law Review 1395 (Summer, 1992) |
I. Introduction II. A Doctrinal Survey of Employee Appearance Regulation A. Constitutional Law 1. The liberty interest 2. Fundamental rights B. Civil Rights Statutes 1. Race and religion 2. Gender a. Dress codes b. Attractiveness requirements C. Collective Bargaining Law III. Appearance Regulation Law and the Constitution of Social Life A.... |
1992 |
| Kimberly Anne Huffman |
SALT v. APPLIED ANALYTICAL, INC.: CLARIFYING THE CONFUSION IN NORTH CAROLINA'S EMPLOYMENT-AT-WILL DOCTRINE |
70 North Carolina Law Review 2087 (September, 1992) |
Throughout the history of employment law in North Carolina, state courts have subscribed rigidly to the employment-at-will doctrine, which governs in both breach of employment contract and wrongful discharge tort actions. North Carolina courts consider the very relationship between employee and employer to be contractual in nature. Historically, ... |
1992 |
| Alfred W. Blumrosen |
SOCIETY IN TRANSITION III: JUSTICE O'CONNOR AND THE DESTABILIZATION OF THE GRIGGS PRINCIPLE OF EMPLOYMENT DISCRIMINATION |
14 Women's Rights Law Reporter 315 (Spring-Fall, 1992) |
Preface I thank the Women's Rights Law Reporter for this honor and write this preface to make three points: 1. The Past--The depth and strength of the Women's Movement was just emerging when this publication began. The Reporter reflected the perceptive and persistent interests, personified at Rutgers Law School by Ruth Ginsburg, Annamay Sheppard,... |
1992 |
| Jeffrey A. Blevins , Gregory J. Schroedter |
THE CIVIL RIGHTS ACT OF 1991: CONGRESS REVAMPS EMPLOYMENT DISCRIMINATION LAW AND POLICY |
80 Illinois Bar Journal 336 (July, 1992) |
On October 31, 1991, Congress passed Senate Bill 1745, the Civil Rights Act of 1991 (the 1991 Civil Rights Act, or the Act). On November 21, 1991, President Bush signed the bill into law, giving effect to Public Law 102-166. The Act makes sweeping and significant changes to federal employment discrimination law and policy, which until now had... |
1992 |
| John M. Husband, Jude Biggs |
THE CIVIL RIGHTS ACT OF 1991: EXPANDING REMEDIES IN EMPLOYMENT DISCRIMINATION CASES |
21 Colorado Lawyer 881 (May, 1992) |
President Bush signed into law the Civil Rights Act of 1991 (Act) on November 21, 1991, ending a two-year struggle with Congress. The motivation for the 1991 legislation was to reverse five U.S. Supreme Court decisions handed down in 1989. The decisions were perceived by many as unfavorable to those seeking relief from employment bias. The... |
1992 |
| D. Marvin Jones |
THE DEATH OF THE EMPLOYER: IMAGE, TEXT, AND TITLE VII |
45 Vanderbilt Law Review 349 (March, 1992) |
I. Introduction: Geneva Crenshaw's Complaint A. The Intent Model: A Problem of Law As Ideology and Legitimation B. The Hidden Discursive Barrier II. The Employer As Myth A. Every Event A Deed B. The Speaker In the Text III. The Employer As Metaphor A. Real Equality: The Historical Group Model of Discrimination B. Formal Equality: The Employer... |
1992 |
| William B. Gould IV |
THE EMPLOYMENT RELATIONSHIP UNDER SIEGE: A LOOK AT RECENT DEVELOPMENTS AND SUGGESTIONS FOR CHANGE |
22 Stetson Law Review 15 (Fall, 1992) |
This Article will identify and address developments of the 1970s and 1980s that plague the employment relationship. These trends include the growing importance of the part-time worker, renewed racial tensions in the workplace, and, most importantly, the declining bargaining power of the organized workforce. In addition, this Article will offer some... |
1992 |
| Julie O. Allen , Ronald J. Allen , Mayer G. Freed |
A POSITIVE THEORY OF THE EMPLOYMENT DISCRIMINATION CASES |
16 Journal of Corporation Law 173 (Winter, 1991) |
I. L2-3INTRODUCTION . 174 II. L2-3THE LOGIC OF THE CASES . 174 III. L2-3THE CASES . 179 A. Griggs v. Duke Power Co. 179 B. The McDonnell Douglas Line of Cases 181 C. General Electric Co. v. Gilbert 183 D. Nashville Gas Co. v. Satty 185 E. International Brotherhood of Teamsters v. United States 187 F. Hazelwood School District v. United States 188... |
1991 |
| Judith Lillian Dillon |
A PROPOSAL TO BAN SEXUAL ORIENTATION DISCRIMINATION IN PRIVATE EMPLOYMENT IN VERMONT |
15 Vermont Law Review 435 (Winter, 1991) |
[T]he constitutional shelter afforded . . . relationships reflects the realization that individuals draw much of their emotional enrichment from close ties with others. Protecting these relationships . . . therefore safeguards the ability independently to define one's identity that is central to any concept of liberty. Sexual orientation is... |
1991 |
| Bruce Comly French |
A ROAD MAP TO ACHIEVE ENHANCED CULTURAL DIVERSITY IN LEGAL EDUCATION EMPLOYMENT DECISIONS |
19 North Carolina Central Law Journal 219 (1991) |
The premise of this article is simple: administrators and faculty in law schools should be committed to achieving enhanced cultural diversity on their faculty. This goal is an article of faith within the liberal community of legal education and is even embodied in rules governing the accreditation of law schools by the American Bar Association.... |
1991 |
| Paul J. Gudel |
BEYOND CAUSATION: THE INTERPRETATION OF ACTION AND THE MIXED MOTIVES PROBLEM IN EMPLOYMENT DISCRIMINATION LAW |
70 Texas Law Review 17 (November, 1991) |
I. Introduction II. Discrimination and the Mixed Motives Problem A. Disparate Treatment and the Burdens of Proof B. Causation, Mixed Motives, and Burden Shifts 1. Causation and Mixed Motives in Title VII Law Before Price Waterhouse (a) Sole Cause and the But For Test (b) Shifting the Burden to the Defendant on the Issue of Liability (c) Shifting... |
1991 |
| Steven Mark Tapper |
BUILDING ON MACNAMARA v. KOREAN AIR LINES: EXTENDING TITLE VII DISPARATE IMPACT LIABILITY TO FOREIGN EMPLOYERS OPERATING UNDER TREATIES OF FRIENDSHIP, COMMERCE, AND NAVIGATION |
24 Vanderbilt Journal of Transnational Law 757 (1991) |
This Note explores the possibility of applying Title VII's disparate impact liability theory against foreign companies operating under Treaties of Friendship, Commerce, and Navigation (FCN Treaties). The author questions the reasoning of MacNamara v. Korean Air Lines, which applied disparate treatment, but not disparate impact, against a Korean... |
1991 |