AuthorTitleCitationSummaryYear
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
Michael L. Marshall CAUSATION IN EMPLOYMENT DISCRIMINATION ANALYSIS: A PROPOSED MARRIAGE OF THE CROSON AND WARDS COVE RATIONALES 20 University of Baltimore Law Review 307 (Spring, 1991) I. INTRODUCTION. 308 II. TRADITIONAL ANALYSIS. 311 A. Adverse Treatment. 311 B. Adverse Impact. 315 1. General Standards of Review. 317 2. Establishing Adverse Impact. 321 3. Defenses and Shifting Burdens. 327 III. REMEDIES FOR EMPLOYMENT DISCRIMINATION. 332 A. Court-Ordered Relief in Contested Cases. 333 B. Consent Decrees. 336 C. Voluntary... 1991
Glenn D. Levy CIVIL PROCEDURE - APPEAL AND ERROR - INCURABLE, REVERSIBLE ERROR OCCURS WHENEVER THE JURY FEELS ANIMUS TOWARD OR SOLIDARITY WITH WITNESSES OR LITIGANTS BECAUSE OF ETHNICITY OR RACE DUE TO AN ATTORNEY'S SUGGESTIONS MADE DURING CLOSING ARGUMENT, NO MATTER H 22 Saint Mary's Law Journal 1163 (1991) On appeal from an action brought for workman's compensation benefits on behalf of Roman Guerrero (Guerrero), the Texas Employer's Insurance Association (TEIA) complained that Guerrero's attorney made an appeal for ethnic unity during his closing argument. Supporting TEIA's allegations is the fact that eleven of the twelve jurors had Spanish... 1991
David L. Ceballes CLAIMING EMPLOYMENT DISCRIMINATION IN NEW MEXICO UNDER STATE AND FEDERAL LAW 21 New Mexico Law Review 415 (Spring, 1991) Employees in New Mexico are protected from various forms of employment discrimination under both federal and state law. Under various provisions of federal and state statutes, it is unlawful for an employer to discriminate against an employee on the basis of race, age, sex, physical or mental disability, religion, national origin, color, or... 1991
Michael S. Kimm DOMESTIC EMPLOYEES AND TITLE VII VERSUS FOREIGN EMPLOYERS AND "FCN" TREATIES: A 21ST CENTURY PERSPECTIVE 9 Boston University International Law Journal 95 (Spring, 1991) C1-3TABLE OF CONTENTS L1-2INTRODUCTION 95. I. TITLE VII'S CONGRESSIONAL MANDATES. 98 II. FRIENDSHIP, COMMERCE, AND NAVIGATION TREATIES. 105 III. PRINCIPLES OF TREATY CONSTRUCTION. 110 IV. TITLE VII-FCN TREATY CASES. 113 V. A 21ST CENTURY PERSPECTIVE. 133 L1-2CONCLUSION 146. 1991
Christine Neylon O'Brien , Margo E.K. Reder , Gerald A. Madek , Gerald R. Ferrera EMPLOYER FETAL PROTECTION POLICIES AT WORK: BALANCING REPRODUCTIVE HAZARDS WITH TITLE VII RIGHTS 74 Marquette Law Review 147 (Winter, 1991) I. Introduction. 148 II. Facts in International Union, United Auto Workers v. Johnson Controls, Inc.. 149 A. United States District Court. 153 B. United States Court of Appeals. 159 C. The United States Supreme Court. 170 1. The Court's Opinion. 172 2. Concurrences. 179 3. Case Analysis. 182 III. Employer Liability: The Analytical Framework of... 1991
Bruce Beezer, Ed.D. EMPLOYMENT DISCRIMINATION AGAINST HANDICAPPED SCHOOL EMPLOYEES: SECTION 504 65 West's Education Law Reporter 693 (April, 1991) Like those persons who face discrimination on the basis of their race, color, sex, or national origin, individuals with physical or mental handicaps often are denied an equal opportunity for employment. In discussing the problems of a blind job applicant, one court made observations that could apply equally well to other handicapped persons. The... 1991
Christine Godsil Cooper EMPLOYMENT DISCRIMINATION LAW AND THE NEED FOR REFORM 16 Vermont Law Review 183 (Summer, 1991) Recent Supreme Court decisions, particularly those from the 1988-89 term, reconstructed the law of employment discrimination. The result of this reconstruction is clear: victims of discrimination now have a very difficult task. Burdens of proof were changed to the disadvantage of those already disadvantaged by discrimination. Definitions were... 1991
Judith Reed LIMITING THE RIGHT TO A BIAS-FREE WORKPLACE: A SURVEY OF THE EMPLOYMENT DISCRIMINATION DECISIONS OF THE 1988-89 TERM 18 New York University Review of Law and Social Change 93 (1990/1991) In its 1988-89 Term, the Supreme Court decided an extraordinary number of cases involving employment discrimination. That Term marked a shift in the Court's attention from affirmative action questions to other issues related to employment discrimination suits, such as procedural guidelines, attorney's fees and the availability of actions under the... 1991
Mary E. Becker NEEDED IN THE NINETIES: IMPROVED INDIVIDUAL AND STRUCTURAL REMEDIES FOR RACIAL AND SEXUAL DISADVANTAGES IN EMPLOYMENT 79 Georgetown Law Journal 1659 (August, 1991) As a result of many advantages, white men earn significantly more than women and minorities, especially minority women. Women with college educations earn less than men with high school educations. Comparisons of wages for full time white male workers and minority women are especially dramatic. For example, African-American women workers earned... 1991
Marc Rosenblum RACE-CONSCIOUS EMPLOYMENT PROGRAMS IN THE POST-BRENNAN ERA: AN END TO FALSELY REMEDIAL PREFERENCES? 28 Houston Law Review 993 (October, 1991) I. Introduction. 995 II. Preferential PracticesThe Factual Predicate and Competence. 1001 A. The Factual Predicate. 1002 1. Two formulations of the factual predicate requirement. 1003 2. The factual predicate in Weber. 1004 3. The factual predicate in Johnson. 1006 4. Resolving the factual predicate issue: Croson. 1007 5. The confusion created by... 1991
12 13 14 15 16 17 18 19 20 21 22 23 24 25