Mark A. Rothstein EMPLOYEE SELECTION BASED ON SUSCEPTIBILITY TO OCCUPATIONAL ILLNESS 81 Michigan Law Review 1379 (May, 1983) C1-3TABLE OF CONTENTS INTRODUCTION. 1381 I. THE BIOLOGICAL BASIS OF INCREASED RISK. 1382 A. Genetic-Based Increased Risk. 1384 1. Biochemical Genetic Factors. 1384 a. Sickle cell. 1385 b. G-6-PD deficiency. 1386 c. SAT deficiency. 1387 2. HLA System. 1388 B. Nonoccupational Environmental Factors. 1388 1. Increased Risk Based on Innate... 1983
Pamela Reasor Hanebutt EMPLOYMENT DISCRIMINATION-AMERICAN TOBACCO CO. v. PATTERSON: SECTION 703(H) OF THE CIVIL RIGHTS ACT OF 1964 EXTENDS A "MEASURE OF IMMUNITY" TO SENIORITY SYSTEMS ADOPTED AFTER THE ENACTMENT OF TITLE VII 58 Tulane Law Review 386 (October, 1983) John Patterson, a black male, brought suit against his employer, the American Tobacco Company, and the Tobacco Workers' International Union, alleging racial discrimination in hiring and promotional practices in violation of Title VII of the Civil Rights Act of 1964. The district court found that although the petitioners' current hiring practices... 1983
Kenneth L. Homick EMPLOYMENT DISCRIMINATION-EMPLOYER'S CONTENTION THAT PROMOTION PROCEDURES RESULTED IN A "BOTTOM LINE"' IMPACT FAVORABLE TO MINORITIES DOES NOT NEGATE A PRIMA FACIE CASE OF EMPLOYMENT DISCRIMINATION UNDER TITLE VII- CONNECTICUT v. TEAl, 457 U.S. 440 (1982) 56 Temple Law Quarterly 1045 (Fall 1983) In Connecticut v. Teal, the United States Supreme Court considered allegations that a two-part promotion procedure was racially discriminatory. The Court held that plaintiffs could establish a prima facie case of employment discrimination under Title VII of the Civil Rights Act of 1964 by showing that the first part of a promotion procedure... 1983
Joel Wm. Friedman FAIR EMPLOYMENT LEGISLATION IN LOUISIANA: A CRITIQUE OF THE 1983 ACT AND A PROPOSED SUBSTITUTE STATUTE 58 Tulane Law Review 444 (November, 1983) In 1964, Congress enacted an omnibus civil rights statute outlawing discrimination in several sectors of American society. Title VII of the 1964 Civil Rights Act prohibits employment discrimination by private and public employers on the basis of race, color, religion, sex, and national origin. While this federal law has served as the major vehicle... 1983
Robert Belton HARNESSING DISCRETIONARY JUSTICE IN THE EMPLOYMENT DISCRIMINATION CASES: THE MOODY AND FRANKS STANDARDS 44 Ohio State Law Journal 571 (1983) The proliferation of federal discrimination statutes has posed for the federal courts new and difficult questions that have generated a new round of debate concerning the role of the judiciary in a modern statutory setting. Part of the debate concerns the authority of the federal courts pursuant to the doctrine of equitable discretion to deny or... 1983
by Peter G. Kilgore IDENTIFYING EMPLOYEES FOR PURPOSES OF EEO COMPLIANCE: OPENING PANDORA'S BOX 30 Federal Bar News and Journal 445 (November, 1983) Identification of race and ethnic status is an essential factor in determining an employer's compliance with various equal employment opportunity laws. Statistical evidence of the minority composition of an employer's workforce is used in determining whether discrimination has occurred under Title VII of the Civil Rights Act of 1964 and in... 1983
Barry Bennett Kaufman PREFERENTIAL HIRING POLICIES FOR OLDER WORKERS UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT 56 Southern California Law Review 825 (March, 1983) Since the advent of the Social Security system some fifty years ago, there has existed an implicit social contract that the working generation will support, either privately or publicly, the retired and disabled generations. In recent years, however, economists and social planners have expressed grave concern over the continued feasibility of this... 1983
Earl M. Maltz TITLE VII AND UPPER LEVEL EMPLOYMENT-A RESPONSE TO PROFESSOR BARTHOLET 77 Northwestern University Law Review 776 (February, 1983) A recurrent problem in the law of employment discrimination is the difficulty of determining the appropriate standards to apply in suits under title VII of the Civil Rights Act of 1964 (title VII) that charge discrimination in upper level jobs. The problem is particularly acute in cases in which plaintiffs base their claims not on employers'... 1983
Harry F. Tepker, Jr. TITLE VII, EQUAL EMPLOYMENT OPPORTUNITY, AND ACADEMIC AUTONOMY: TOWARD A PRINCIPLED DEFERENCE 16 U.C. Davis Law Review 1047 (Summer, 1983) In 1972, Congress extended title VII of the Civil Rights Act of 1964 to higher educational institutions. The federal courts have since struggled with the problems of defining and discerning employment discrimination in academic environments. Initially, courts enforced title VII against educational institutions with reservation and reluctance.... 1983
Kevin E. Teel EMPLOYMENT DISCRIMINATION AND THE SENIORITY SYSTEM EXCEPTION: AMERICAN TOBACCO CO. v. PATTERSON 36 Southwestern Law Journal 1039 (November, 1982) THE American Tobacco Company operated two plants that manufactured tobacco products in Richmond, Virginia. The Tobacco Workers' International Union and its affiliate Locals 182 and 216 were the collective bargaining agents for hourly paid production workers at the company's plants. Each plant was divided into two departments, and prior to 1963 the... 1982
  FREE SPEECH, THE PRIVATE EMPLOYEE, AND STATE CONSTITUTIONS 91 Yale Law Journal 522 (January, 1982) All too frequently, individual employees who express personal political views obnoxious to their employers are discharged from their jobs or subjected to other forms of retaliation. Federal constitutional guarantees protect public employees, but do not extend to workers in the private sector. Moreover, the National Labor Relations Act and analogous... 1982
  RACIAL DISCRIMINATION IN EMPLOYMENT 96 Harvard Law Review 278 (November, 1982) Title VII of the Civil Rights Act of 1964 prohibits employment discrimination against any individual on the basis of race, color, religion, sex, or national origin. Section 703(h) of the Civil Rights Act, however, allows an employer to provide different compensation or other privileges to employees pursuant to a bona fide seniority system and to... 1982
George R. Kramer TITLE VII ON CAMPUS: JUDICIAL REVIEW OF UNIVERSITY EMPLOYMENT DECISIONS 82 Columbia Law Review 1206 (October, 1982) University employment practices have long been purely internal matters, beyond the concern of the federal government. This tradition of noninterference ended when title VII of the Civil Rights Act of 1964 was extended to racial or gender discrimination in university employment. Many courts applying title VII have, however, given universities so... 1982
Thomas O. McGarity , Elinor P. Schroeder RISK-ORIENTED EMPLOYMENT SCREENING 59 Texas Law Review 999 (August, 1981) I. Introduction. 1000 II. Description of Risk-Oriented Screens. 1004 A. Gender. 1004 B. Age. 1006 C. Physical Stature. 1007 D. Disabilities and Handicaps. 1008 1. Disabilities Increasing Workplace Risks. 1008 2. Disabilities Increasing Employee Vulnerability. 1012 III. Employment Screening and Market Decisions. 1013 A. The Pure Economic Model. 1013... 1981
William B. Gould THE SUPREME COURT'S LABOR AND EMPLOYMENT DOCKET IN THE 1980 TERM: JUSTICE BRENNAN'S TERM 53 University of Colorado Law Review 1 (Fall, 1981) C1-2CONTENTS I. NLRB Unfair Labor Practice Cases A. Employer Has No Duty to Bargain Over the Decision to Close Partially Its Business.. 5 L1-2 First National Maintenance Corp. v. NLRB B. Union Economic Pressure to Compel Employer to Contribute to a Pension or Welfare Fund: Trustees are not Collective Bargaining Representatives.. 18 L1-2 NLRB v.... 1981
Bernard H. Friedman TITLE IX DOES NOT APPLY TO FACULTY EMPLOYMENT 1981 Duke Law Journal 566 (June, 1981) Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in any educational program or activity receiving federal financial assistance. In 1975 the Department of Health, Education, and Welfare (HEW) promulgated regulations implementing Title IX. Subpart E of these regulations, entitled Discrimination on the Basis... 1981
  TITLE VII AND CONGRESSIONAL EMPLOYEES: THE "CHILLING EFFECT" AND THE SPEECH OR DEBATE CLAUSE 90 Yale Law Journal 1458 (May, 1981) Protection from discrimination in employment on the basis of race, creed, sex, and place of national origin is a fundamental national policy of constitutional dimension. Congress, however, has consistently exempted itself from its own fair employment laws, gaining for itself a reputation as the nation's last plantation. Extension to congressional... 1981
  ELIMINATING SEX DISCRIMINATION IN EDUCATIONAL INSTITUTIONS: DOES TITLE IX REACH EMPLOYMENT? 129 University of Pennsylvania Law Review 417 (December, 1980) Title IX of the Education Amendments of 1972 was among the many remedial measures enacted by the Ninety-second Congress to address congressional concerns about gender-based discrimination. Title IX prohibits discrimination on the basis of sex in educational programs or activities receiving federal financial assistance. Each agency distributing... 1980
Kimberley A. Bieter THE EMPLOYMENT INTEREST AND AN IRRATIONAL APPLICATION OF THE RATIONALITY TEST: NEW YORK CITY TRANSIT AUTHORITY v. BEAZER 51 University of Colorado Law Review 641 (Summer, 1980) In New York City Transit Authority v. Beazer the United States Supreme Court addressed the issue of whether methadone users constitutionally may be denied employment. The case concerned the Transit Authority's enforcement of a general policy of not employing persons who use narcotic drugs. While that policy was successfully challenged in the lower... 1980
Robert Brousseau TOWARD A THEORY OF RIGHTS FOR THE EMPLOYMENT RELATION 56 Washington Law Review 1 (December, 1980) Recent cases from the several corners of labor law leave the impression that there exists in this important branch of the law some confusion as to the nature of the rights and obligations which it treats. There is a clear tendency to deal with the myriad cases ad hoc, in accordance with principles and prejudices drawn from the general jurisprudence... 1980
Jonathan B. Schwartz COMMERCIAL TREATIES AND THE AMERICAN CIVIL RIGHTS LAWS: THE CASE OF JAPANESE EMPLOYERS 31 Stanford Law Review 947 (May, 1979) Two cases currently in federal district court pose an entirely novel question for American civil rights law. The plaintiffs in both cases allege that Japanese-owned companies doing business in the United States have violated the American civil rights laws by discriminating impermissibly in choosing their managerial staff to work in the United... 1979
  THE COST OF GROWING OLD: BUSINESS NECESSITY AND THE AGE DISCRIMINATION IN EMPLOYMENT ACT 88 Yale Law Journal 565 (January, 1979) In passing the Age Discrimination in Employment Act (ADEA), Congress resolved to promote and protect the rights of older workers, including their right not to be discharged on the basis of age. Securing this right may require employer expenditures, just as employers have elsewhere been forced to bear additional costs in order to further the... 1979
Elaine W. Shoben DIFFERENTIAL PASS-FAIL RATES IN EMPLOYMENT TESTING: STATISTICAL PROOF UNDER TITLE VII 91 Harvard Law Review 793 (February, 1978) In this Comment, Professor Shoben advocates the use of a statistical techniquea test of the difference between independent proportionsto assess the substantiality of differences in pass rates among various groups on employment tests, in order to facilitate determination of disproportionate impact under title VII of the Civil Rights Act of 1964.... 1978
Lieutenant Colonel George M. Nakano, USAF EQUAL EMPLOYMENT OPPORTUNITY CIVIL SUITS: AN ANALYSIS OF THEIR IMPACT 20 Air Force Law Review 119 (1978) There is an easy rule to know upon a sudden, whether the action 1 be to do, be against the law of nature of not: and it is but this, That a man imagine himself in the place of the parly with whom he hath to do, and reciprocally him in his; which is not more but a changing (as it were) of the scales. For every man's passion weigheth heavy in his own... 1978
John P. Dean TITLE VII AND PUBLIC EMPLOYERS: DID CONGRESS EXCEED ITS POWERS? 78 Columbia Law Review 372 (March, 1978) Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of race, religion, sex or national origin by most employers engaged in industries affecting interstate commerce. It provides remedies for persons who have been victims of such discrimination, and allows the federal government to take action against... 1978
Elaine W. Shoben PROBING THE DISCRIMINATORY EFFECTS OF EMPLOYEE SELECTION PROCEDURES WITH DISPARATE IMPACT ANALYSIS UNDER TITLE VII 56 Texas Law Review 1 (December, 1977) Last term the Supreme Court handed down three decisions in which it defined with some precision the proper use of statistics in Title VII cases. Those decisions filled a void that had existed since Griggs v. Duke Power Co., but they left some questions unanswered. In this article Professor Shoben discusses those decisions and addresses the issues... 1977
  DAMAGES FOR FEDERAL EMPLOYMENT DISCRIMINATION: SECTION 1981 AND QUALIFIED EXECUTIVE IMMUNITY 85 Yale Law Journal 518 (March, 1976) For over a decade, Congress has sought to eliminate racial discrimination in employment. The effort began with the passage of Title VII of the Civil Rights Act of 1964, aimed at private employment discrimination. In 1972, Congress amended Title VII with the Equal Employment Opportunity Act. Section 717, added by that Act, extended Title VII to... 1976
Nicholas G. Miller INSURANCE FOR EX-OFFENDER EMPLOYEES: A PROPOSAL 28 Stanford Law Review 333 (January, 1976) Released criminal offenders consistently have difficulty obtaining the employment that is vital to their successful reintegration into society. This hardship emanates partially from simple employer reluctance to hire persons with criminal records. While the causes of this discrimination are not altogether certain, fear of monetary loss is clearly a... 1976
Ray Guy ADMINISTRATIVE LAW 53 Texas Law Review 1509 (November, 1975) Federal civilian employee Helen Bowers pursued her complaint of racial discrimination by her supervisors through all available administrative levels losing at each stagebefore bringing suit in a federal district court. Bowers invoked federal jurisdiction under 42 U.S.C. § 1981, the corresponding jurisdictional statutes, and the judicial review... 1975
Mike Baldwin ADMINISTRATIVE LAW 53 Texas Law Review 371 (January, 1975) Willie Penn and Charles Foster, who were civil service employees at Maxwell Air Force Base in Alabama, and the NAACP brought a class action based on 42 U.S.C. § 1981 against the United States and individual heads of certain government departments and agencies. Plaintiffs alleged a prima facie statistical case of discrimination and also that... 1975
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