Debra L.W. Cohn EQUAL EMPLOYMENT OPPORTUNITY FOR AMERICANS ABROAD 62 New York University Law Review 1288 (December, 1987) Despite a worldwide consensus against employment discrimination, such discrimination, often officially sanctioned, is still a pervasive international problem. In fact, many American businesses operating outside the territorial United States defy United States policy as well as international human rights agreements by discriminating among United... 1987
John J. Donohue III FURTHER THOUGHTS ON EMPLOYMENT DISCRIMINATION LEGISLATION: A REPLY TO JUDGE POSNER 136 University of Pennsylvania Law Review 523 (December, 1987) I have profited greatly from reading Judge Posner's review of my initial Essay, Is Title VII Efficient? As usual, he has raised a number of thought-provoking issues that must be addressed if we are to make headway in resolving the difficult theoretical and empirical issues posed by employment discrimination legislation. In Part I of this reply, I... 1987
Frances Scroggins LABOR LAW-EMPLOYMENT DISCRIMINATION-EMPLOYER MAY BE HELD LIABLE FOR HOSTILE WORK ENVIRONMENT. MERITOR SAVINGS BANK v. VINSON, 106 S.CT. 2399 (1986). 9 University of Arkansas at Little Rock Law Journal 543 (1986/1987) Mechele Vinson was hired as a teller-trainee at Capital Savings Bank in September 1974. Vinson was promoted to teller after completing a ninety-day probationary period. During the course of her employment, Vinson received promotions to head teller and then assistant branch manager. She was dismissed in November 1978 while on sick leave. Vinson... 1987
Richard M. Stephens, J.D. ONE STEP FORWARD, TWO STEPS BACK: THE 'PROGRESS' DOWN THE EMPLOYEE CIVIL RIGHTS ROAD 40 West's Education Law Reporter 37 (1987) A major concern to all employees and employers is the legality of affirmative action plans which detrimentally affect nonminority or male employees. Racial minority and women's groups clamor for more advantages for their constituency. Nonminority groups, or often unions, urge for employment decisions to be based on seniority or merit rather than on... 1987
Judith J. Johnson REBUILDING THE BARRIERS: THE TREND IN EMPLOYMENT DISCRIMINATION CLASS ACTIONS 19 Columbia Human Rights Law Review 1 (Fall, 1987) Congress intended that employees vindicate the rights given them under Title VII of the Civil Rights Act of 1964 by private action. For several years private actions proved to be very successful in eliminating employment discrimination. Recent decisions of the Supreme Court and lower courts have limited the effectiveness of the private employment... 1987
Fred W. Alvarez , Barbara Lipsky , Member United States Equal Employment Opportunity Commission Washington, D.C., Special Assistant to Commissioner Fred W. Alvarez United States Equal Employment Opportunity Commission Washington, D.C. REMEDIES FOR INDIVIDUAL CASES OF UNLAWFUL EMPLOYMENT DISCRIMINATION: A LAW ENFORCEMENT PERSPECTIVE 3 Labor Lawyer 199 (Spring, 1987) I. Introduction II. The Remedies Policy in Context III. The Elements of the Remedies Policy IV. Nondiscrimantory Placement of Victims of Discrimination A. NLRB Practice B. Title VII Case Law 1. General Principles Governing Remedies 2. General Principles Governing Award of Reinstatement 3. Presence of Incumbents 4. Court Awards of Immediate... 1987
Barry L. Goldstein REPRESENTING A VICTIM OF EMPLOYMENT DISCRIMINATION 13 Litigation 12 (Spring, 1987) You earned your stripes in litigation combat five years ago. Your career is a litany of litigation's varieties: the claims and defenses of two dozen businesses, your share of consumers' complaints, and a trio of contested divorces. You followed some of these cases on to the state supreme court and your federal circuit court, winning and losing... 1987
Bruce Beezer, LLB, Ed.D. SCHOOL EMPLOYEE'S DISMISSAL FOR VIOLATION OF DESEGREGATION PATRONAGE POLICY 37 West's Education Law Reporter 763 (1987) The resolution of an issue wherein the contending parties claim a violation of their constitutional rights has never been an easy task for the courts. The tension that exists when a public school employee is discharged for enrolling his or her child in a private, segregated school is one such issue. A parent's right to determine where a child goes... 1987
Len Biernat SUBJECTIVE CRITERIA IN FACULTY EMPLOYMENT DECISIONS UNDER TITLE VII: A CAMOUFLAGE FOR DISCRIMINATION AND SEXUAL HARASSMENT 20 U.C. Davis Law Review 501 (Spring, 1987) Most colleges and universities make faculty employment decisions in an extremely decentralized system that relies heavily on subjective criteria. This system may meet the needs of an educational institution, but it also creates difficulty in detecting sexual discrimination. This Article examines the unique decisionmaking process used in higher... 1987
Charles B. Craver , Secretary, Section of Labor and Employment Law, 1986-87 Professor of Law George Washington University National Law Center Washington, D.C. THE 1986-87 SUPREME COURT LABOR AND EMPLOYMENT LAW TERM: THE EXPANDING FOCUS ON INDIVIDUAL RIGHTS AND PREEMPTION 3 Labor Lawyer 755 (Fall, 1987) During the 1986-87 Term, the Supreme Court issued opinions in forty-one cases pertaining to labor and employment law issues. It is remarkable to note the high percentage of Court time still devoted to labor and employment law cases, despite the relatively constant decline in union participation rates over the past several decades. The continued... 1987
Kimberlye K. Fayssoux THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967 AND TRIAL BY JURY: PROPOSALS FOR CHANGE 73 Virginia Law Review 601 (April, 1987) Congress enacted the Age Discrimination in Employment Act of 1967 (ADEA) in an effort to address the unique employment problems faced by older workers. Reflected in hiring, promotion, and discharge decisions, age discrimination in the workplace is a well-documented and increasingly troublesome phenomenon for many employees. In passing the ADEA,... 1987
Todd Brower THE DUTY OF FAIR REPRESENTATION UNDER THE CIVIL SERVICE REFORM ACT: JUDICIAL POWER TO PROTECT EMPLOYEE RIGHTS 40 Oklahoma Law Review 361 (Fall, 1987) In 1978, Congress enacted the Civil Service Reform Act (CSRA), a comprehensive revision of the laws regarding federal government employees. Title VII of the CSRA consisted of the first statutory framework for federal labor relations, which prior to that time had been completely governed by a system started by an executive order issued by President... 1987
FREDRIC J. BENDREMER and LISA A. HEIDEN THE UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES PROVISION: A MODICUM OF PROTECTION AGAINST NATIONAL ORIGIN AND CITIZENSHIP STATUS DISCRIMINATION 41 University of Miami Law Review 1025 (May, 1987) The employer sanctions provision of the Immigration Reform and Control Act of 1986 (IRCA) imposes penalties on employers who knowingly hire unauthorized aliens or who fail to comply with the Act's employment verification system. This provision, envisioned as the principal means of curtailing the large influx of undocumented aliens into the United... 1987
Ronald W. Adelman VOLUNTARY AFFIRMATIVE ACTION PLANS BY PUBLIC EMPLOYERS: THE DISPARITY IN STANDARDS BETWEEN TITLE VII AND THE EQUAL PROTECTION CLAUSE 56 Fordham Law Review 403 (December, 1987) Nearly ten years after the Supreme Court first attempted to resolve the legality of affirmative action, the issue remains as controversial as ever. Supporters of affirmative action believe it represents a necessary remedy for centuries of segregation. Opponents consider it a new problem, not a solution. The Court has adopted an essentially moderate... 1987
William T. Matlack VOLUNTARY PUBLIC EMPLOYER AFFIRMATIVE ACTION: RECONCILING TITLE VII CONSENT DECREES WITH THE EQUAL PROTECTION CIAIMS OF MAJORITY EMPLOYEES 28 Boston College Law Review 1007 (September, 1987) Title VII of the Civil Rights Act of 1964 has required many employers to negotiate structural changes in their hiring and promotion policies in order to redress racial and sexual discrimination. When first enacted, Title VII prohibited racial, sexual, and religious discrimination only in private sector employment. In 1972, however, Congress amended... 1987
Mark Maney APPLICATION OF THE ADVERSE IMPACT ANALYSIS TO SUBJECTIVE CRITERIA IN TITLE VII EMPLOYMENT DISCRIMINATION CASES 38 Baylor Law Review 363 (Spring, 1986) The Equal Employment Opportunities Subchapter, Title VII of the Civil Rights Act of 1964, prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. The subchapter seeks to equalize employment opportunities by removing discriminatory barriers to employment. This purpose is achieved, in part, by providing... 1986
Robert C. Diemer ASSURING THE PUBLIC INTEREST IN EQUAL EMPLOYMENT OPPORTUNITY AFTER FIREFIGHTERS LOCAL 1784 v. STOTTS 36 Case Western Reserve Law Review 87 (1985/1986) The conflict between affirmative action programs and seniority rights in the workplace has intensified in recent years. This conflict arose in Firefighters Local 1784 v. Stotts, in which a district court issued a temporary injunction against the layoffs of black workers, pursuant to an affirmative action consent decree. The Supreme Court, in... 1986
Penelope M. Taylor AVAILABILITY OF DISPARATE IMPACT THEORY TO ATTACK A MULTICOMPONENT EMPLOYMENT SYSTEM 31 Villanova Law Review 377 (February, 1986) In the last two decades there has been a fundamental change in employment practices due to the Government's enactment of statutes prohibiting job-related discrimination. One of the most significant pieces of federal legislation, title VII of the Civil Rights Act of 1964 (title VII), prohibits an employer from denying an individual equal employment... 1986
JoAnne McCracken CHILD CARE AS AN EMPLOYEE FRINGE BENEFIT: MAY AN EMPLOYER DISCRIMINATE? 26 Santa Clara Law Review 667 (Summer/Fall, 1986) The social problems related to unaffordable child care are many. Poverty, increased unemployment, and welfare dependence represent only a few of these problems. Recent cut-backs in federal funding of child-care services have magnified these difficulties and increased the burden that child care creates for many parents. Moreover, the parents who... 1986
Mark E. Recktenwald COLLATERAL ATTACKS ON EMPLOYMENT DISCRIMINATION CONSENT DECREES 53 University of Chicago Law Review 147 (Winter, 1986) Employment discrimination lawsuits often affect the interests of employees who are not parties to the lawsuits. Those nonparty effects may be especially pronounced when minority plaintiffs and their employer negotiate a consent decree establishing quotas for the hiring or promotion of minorities. In such cases, the nonparty majority employees can... 1986
Brendan Mangan COMPARABLE WORTH CLAIMS UNDER TITLE VII: DOES THE EVIDENCE SUPPORT AN INFERENCE OF DISCRIMINATORY INTENT?-AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES v. WASHINGTON, 770 F.2D 1401 (9TH CIR.1985). 61 Washington Law Review 781 (April, 1986) In American Federation of State, County, and Municipal Employees v. Washington, the Ninth Circuit Court of Appeals held that proof of unequal pay for jobs of comparable worth is not sufficient to establish a prima facie case of sex discrimination under Title VII of the Civil Rights Act of 1964. Comparable worth theory postulates that sex-based wage... 1986
Phillip Mitchell Woolery DEATH BEFORE COMPARABLE WORTH: THE LIMITED UTILITY OF COMPARABLE WORTH EVIDENCE IN A TITLE VII CAUSE OF ACTION 51 Missouri Law Review 811 (Summer, 1986) Average pay for women in the United States is less than that for men. This is true despite many years of enforcement of federal and state laws mandating pay equity and prohibiting discrimination in compensation on the basis of sex. Although the magnitude and causes of this pay inequality are subject to dispute, the simple fact remains that women... 1986
Ann H. Britton DELAWARE EMPLOYMENT PRACTICES-A TEN YEAR RETROSPECTIVE 11 Delaware Journal of Corporate Law 435 (1986) Although Delaware courts explicitly affirmed the doctrine of employment at will as recently as 1982, statutes and public policy considerations have made increasingly steady inroads into the doctrine. Arguably, such erosion began with the enactment of the Civil Rights Act of 1866, which is a general prohibition against racial discrimination.... 1986
Richard G. Kass EARLY RETIREMENT INCENTIVES AND THE AGE DISCRIMINATION IN EMPLOYMENT ACT 4 Hofstra Labor Law Journal 63 (Fall, 1986) Early retirement can be an attractive way for employers to structure a workforce while providing benefits to the employee. Through early retirement, an employer can reduce the workforce without inflicting the pain of mass layoffs, make room for affirmative action programs or provide promotion opportunities for the young. The employee can bring a... 1986
Craig Hunter King EMPLOYMENT DISCRIMINATION: THE BURDEN OF PROOF 13 Southern University Law Review 91 (Fall, 1986) The burden of proof in employment discrimination cases is essentially onerous in that it is unreasonably burdensome for the complainant. The effect is that less employment discrimination claims are filed in court. Employment discrimination law has dramatically limited the extent of segregation in this country, but segregation is still a fact of... 1986
Paul Burstein, Kathleen Monaghan EQUAL EMPLOYMENT OPPORTUNITY AND THE MOBILIZATION OF LAW 20 Law and Society Review 355 (1986) During the 1960s and 1970s the American social movement for equal employment opportunity (EEO) succeeded in getting Congress and the courts to prohibit discrimination in employment on the basis of race, religion, national origin, and sex. We believe that the effectiveness of EEO laws depends not just upon their passage, however, but also upon their... 1986
Stacey B. Babson EVALUATION OF SUBJECTIVE SELECTION SYSTEMS IN TITLE VII EMPLOYMENT DISCRIMINATION CASES: A MISUSE OF DISPARATE IMPACT ANALYSIS 7 Cardozo Law Review 549 (Winter, 1986) The urgent need for federal legislation to remove discriminatory barriers that prevent the United States from operating as a united and classless society led to the enactment of the Civil Rights Act of 1964 (Act). Equal employment opportunity falls within the purview of title VII of the Act. Title VII is prohibitive: it does not command that... 1986
Risa L. Lieberwitz FREEDOM OF SPEECH IN PUBLIC SECTOR EMPLOYMENT: THE DECONSTITUTIONALIZATION OF THE PUBLIC SECTOR WORKPLACE 19 U.C. Davis Law Review 597 (Spring, 1986) In recent years, the United States Supreme Court has decided several cases on the speech rights of public employees. The Court's emerging public employee speech doctrine reflects considerations beyond those applied in previous first amendment decisions. This Article identifies the values generally relied upon by the Court in first amendment cases... 1986
George Rutherglen PROCEDURES AND PREFERENCES: REMEDIES FOR EMPLOYMENT DISCRIMINATION 5 Review of Litigation 73 (Winter, 1986) After Regents of the University of California v. Bakke and United Steelworkers v. Weber, preferences on the basis of race became a common remedy for employment discrimination. Bakke held that some preferences established by government were constitutional and Weber held that some preferences voluntarily established by private employers were... 1986
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