| Author | Title | Citation | Summary | Year |
| Elizabeth J. Kennedy, J.D. |
WHEN THE SHOP FLOOR IS IN THE LIVING ROOM: TOWARD A DOMESTIC EMPLOYMENT RELATIONSHIP THEORY |
67 New York University Annual Survey of American Law 643 (2012) |
Introduction. 643 I. The Domestic Work Industry. 646 A. Industry Profile. 646 B. The Limitations of Employment Law in Regulating the Domestic Work Industry. 653 C. Distinguishing Domestic Work. 659 D. Building Power Through Alliances: Domestic Workers United. 664 II. Employment Relationship Theory and Domestic Work. 666 III. Domestic Employment... |
2012 |
| Rick Su |
WORKING ON IMMIGRATION: THREE MODELS OF LABOR AND EMPLOYMENT REGULATION |
51 Washburn Law Journal 331 (Spring 2012) |
The desire to tailor our immigration system to the economic interests of our nation is as old as its founding. Yet after more than two centuries of regulatory tinkering, we seem no closer to finding the right balance. Contemporary observers largely ascribe this failure to conflicts over immigration, from disagreements about its economic impact to... |
2012 |
| Meghan M. Sweeney |
"WE'D LOVE TO MATCH THEM, BUT...": HOW TEMPORARY EMPLOYMENT AGENCIES UNDERSTAND AND USE RACE AND ETHNICITY |
11 Connecticut Public Interest Law Journal 51 (Fall-Winter, 2011) |
This Article is a qualitative, empirical investigation of discrimination by temporary employment agencies. These agencies are important labor market intermediaries. But the ways in which they use race in making decisions about whether and how to place workers-as well as their understanding of anti-discrimination law-have never been studied. Many... |
2011 |
| Andrew Tae-Hyun Kim |
CULTURE MATTERS: CULTURAL DIFFERENCES IN THE REPORTING OF EMPLOYMENT DISCRIMINATION CLAIMS |
20 William & Mary Bill of Rights Journal 405 (December, 2011) |
Why don't reasonable people complain about discrimination? Behavioral science evidence points to structural barriers, like the fear of retaliation and the lack of sociocultural power in the workplace, that discourage employees from reporting. By not reporting perceived discriminatory or harassing conduct, the employee not only underutilizes Title... |
2011 |
| Ernest F. Lidge III |
DISPARATE TREATMENT EMPLOYMENT DISCRIMINATION AND AN EMPLOYER'S GOOD FAITH: HONEST MISTAKES, BENIGN MOTIVES, AND OTHER SINCERELY HELD BELIEFS |
36 Oklahoma City University Law Review 45 (Spring 2011) |
When does an employer's good faith constitute a defense to a charge of intentional employment discrimination? Suppose an employer terminates an employee because of an honest, but mistaken, belief that the employee stole merchandise. Or suppose an employer desires to hire a female but truly believes that if he does so, his customers will not... |
2011 |
| Michael Connett |
EMPLOYER DISCRIMINATION AGAINST INDIVIDUALS WITH A CRIMINAL RECORD: THE UNFULFILLED ROLE OF STATE FAIR EMPLOYMENT AGENCIES |
83 Temple Law Review 1007 (Summer 2011) |
Unlike discrimination on the basis of traditionally protected characteristics such as race, employer discrimination against ex-offenders can be justified by legitimate business needs. However, when employers fail to consider the job relatedness of a prior offense or the length of time since it occurred, the broadly shared interest in integrating... |
2011 |
| David A. Green |
FRIEND OR FOE: THE SUPREME COURT'S "PLAUSIBLE CLAIM" STANDARD PROVIDES ANOTHER BARRIER FOR PLAINTIFFS IN EMPLOYMENT DISCRIMINATION CASES |
39 Southern University Law Review 1 (Fall, 2011) |
An enormous discrepancy exists between the way we talk about equality in the abstract and the value as translated into laws and justice. Roy Wilkins We are not final because we are infallible, but infallible only because we are final. Justice Robert H. Jackson The Supreme Court should put a notice on all federal courthouse doors: STOP-ENTRANCE... |
2011 |
| Pat K. Chew |
JUDGES' GENDER AND EMPLOYMENT DISCRIMINATION CASES: EMERGING EVIDENCE-BASED EMPIRICAL CONCLUSIONS |
14 Journal of Gender, Race and Justice 359 (Spring 2011) |
Why did we think that women would transform institutions without simultaneously--or alternatively--being transformed by them . . .? Why did we believe that women appointed to positions of power would be representative of women as a group, rather than being those who most resemble the traditional incumbents and are thus considered least likely to... |
2011 |
| Robert B. Stulberg, Amy F. Shulman |
LITIGATING CROSS-BORDER DISCRIMINATION CLAIMS IN MULTIPLE JURISDICTIONS: A GLOBAL STRATEGY FOR EXPATRIATE EMPLOYEES |
27 ABA Journal of Labor & Employment Law 61 (Fall, 2011) |
Americans assigned or seconded to foreign jurisdictions often enjoy protection from discriminatory conduct under the laws of both their home and host countries. Faced with discriminatory conduct, that cannot be otherwise remedied, those employees often are best advised to pursue their claims in both jurisdictions. Such coordinated action has... |
2011 |
| Stephen A. Plass |
MANDATORY ARBITRATION AS AN EMPLOYER'S CONTRACTUAL PREROGATIVE: THE EFFICIENCY CHALLENGE TO EQUAL EMPLOYMENT OPPORTUNITY |
33 Cardozo Law Review 195 (October, 2011) |
During the past twenty years there has been a rebirth of liberty-of- contract jurisprudence in labor and employment law. This doctrine, which dominated legal theory at the turn of the twentieth century, has been widely discredited for its oppressive operation and its effects on workers. Adopted by the Supreme Court at the close of the nineteenth... |
2011 |
| Katayoun Alidadi |
OPENING DOORS TO MUSLIM MINORITIES IN THE WORKPLACE? FROM INDIA'S EMPLOYMENT QUOTA TO EU AND BELGIAN ANTI-DISCRIMINATION LEGISLATION |
23 Pace International Law Review 146 (Winter 2011) |
I. Introduction. 148 A. Organization of Paper. 151 II. Centrality of the Workplace and Perceived Contradictions with Religious Identity. 152 III. Setting the Context: Muslims, A Religious Minority in Europe and in India. 155 A. Introduction. 155 B. Muslims in Europe and Belgium. 157 1. Composition and Background. 157 2. Socio-Economic Situation of... |
2011 |
| Andrew Brenton |
OVERCOMING THE EQUAL PAY ACT AND TITLE VII: WHY FEDERAL SEX-BASED EMPLOYMENT DISCRIMINATION LAWS SHOULD BE REPLACED WITH A SYSTEM FOR ACCREDITING EMPLOYERS FOR THEIR ANTIDISCRIMINATORY EMPLOYMENT PRACTICES |
26 Wisconsin Journal of Law, Gender & Society 349 (Fall 2011) |
Introduction. 350 I. The Equal Pay Act and Title VII of the Civil Rights Act of 1964 Purport to Promote Pay Equity Between the Sexes and Equal Employment Opportunities for Women. 352 A. The Equal Pay Act requires that employees be paid equally for equal work, regardless of sex. 352 B. Title VII of the Civil Rights Act of 1964 prohibits... |
2011 |
| Charles A. Sullivan |
PLAUSIBLY PLEADING EMPLOYMENT DISCRIMINATION |
52 William and Mary Law Review 1613 (April, 2011) |
The Supreme Court's unanimous 2002 decision in Swierkiewicz v. Sorema N.A., which took a very permissive approach to pleading discrimination claims, may or may not remain good law after Ashcroft v. Iqbal. As is well known, Iqbal took a restrictive approach to pleading generally under the Federal Rules of Civil Procedure, and its application to... |
2011 |
| David A. Lacy , Alexandra S. Ray |
RECKONING WITH EMPLOYMENT DISCRIMINATION IN A "POST RACIAL" ERA |
26 Journal of Civil Rights & Economic Development 41 (Fall 2011) |
Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. In this statement, Dr. Martin Luther King Jr. explains the fundamental need to achieve equality in society, and recognizes that discrimination, in... |
2011 |
| Anastasia Niedrich |
REMOVING CATEGORICAL CONSTRAINTS ON EQUAL EMPLOYMENT OPPORTUNITIES AND ANTI-DISCRIMINATION PROTECTIONS |
18 Michigan Journal of Gender & Law 25 (2011) |
Introduction 26 I. Title VII, Past and Present 32 A. The History and Intent Behind Title VII and the Categorical Approach 32 B. Title VII: The Statute 35 II. Federal Case Precedents Illustrating the Flaws of Title VII's Categorical Approach 38 A. Defining the Because of Sex Provision 40 B. Sex Stereotyping Discrimination--Pre-Price... |
2011 |
| Kerri Lynn Stone |
SHORTCUTS IN EMPLOYMENT DISCRIMINATION LAW |
56 Saint Louis University Law Journal 111 (Fall 2011) |
Are employment discrimination plaintiffs viewed by society and by judges with an increased skepticism? This Article urges that the same actor inference, the stray comment doctrine, and strict temporal nexus requirements, as courts have applied them, make up a larger and dangerous trend in the area of employment discrimination jurisprudence--that of... |
2011 |
| Joseph Lipps |
STATE LIFESTYLE STATUTES AND THE BLOGOSPHERE: AUTONOMY FOR PRIVATE EMPLOYEES IN THE INTERNET AGE |
72 Ohio State Law Journal 645 (2011) |
I. Introduction. 645 II. Background. 646 III. Off-Duty Protection Statutes. 654 A. Colorado. 655 B. North Dakota. 657 C. New York. 659 D. California. 661 E. Connecticut. 664 IV. Comparison of Off-Duty Statutes. 665 V. Competing Policy Implications of Off-Duty Statutes. 667 A. Opposition to Off-Duty Protection. 668 B. Benefits of Off-Duty... |
2011 |
| John B. Lough Jr. |
TEST RESULTS |
33-FEB Los Angeles Lawyer 32 (February, 2011) |
WRITTEN EXAMS can serve as a legitimate gatekeeper into many careers, but they also have a nefarious history of being used to keep out minorities. As Justice Ruth Bader Ginsburg observed in Ricci v. DeStefano, Firefighting is a profession in which the legacy of racial discrimination casts an especially long shadow. While exams can remove nepotism... |
2011 |
| Mildred Wigfall Robinson |
THE CURRENT ECONOMIC SITUATION AND ITS IMPACT ON GENDER, RACE, AND CLASS: THE LEGACY OF RACED (AND GENDERED) EMPLOYMENT |
14 Journal of Gender, Race and Justice 431 (Spring 2011) |
In November 2009, American joblessness soared to 10.2%, the highest unemployment rate reported in a quarter century. The present unemployment rate continues to hover near 10%. More than 15 million Americans are encompassed within this percentage. Moreover, available data suggest that the number of unemployed is actually significantly higher than 15... |
2011 |
| Corey A. Ciocchetti |
THE EAVESDROPPING EMPLOYER: A TWENTY-FIRST CENTURY FRAMEWORK FOR EMPLOYEE MONITORING |
48 American Business Law Journal 285 (Summer, 2011) |
Employers and employees have a love-hate relationship with technology. Both love the benefits of sophisticated hardware and software in a competitive global marketplace. Employees hate that the same technology tethers them to the workplace and records their electronic footprint. Employers hate the potential for liability, distraction, and lost... |
2011 |
| Sharona Hoffman |
THE IMPORTANCE OF IMMUTABILITY IN EMPLOYMENT DISCRIMINATION LAW |
52 William and Mary Law Review 1483 (April, 2011) |
This Article argues that recent developments in employment discrimination law require a renewed focus on the concept of immutable characteristics. In 2009, two new laws took effect: the Genetic Information Nondiscrimination Act (GINA) and the Americans with Disabilities Act Amendments Act (ADAAA). This Article's original contribution is an... |
2011 |
| David Freeman Engstrom |
THE LOST ORIGINS OF AMERICAN FAIR EMPLOYMENT LAW: REGULATORY CHOICE AND THE MAKING OF MODERN CIVIL RIGHTS, 1943-1972 |
63 Stanford Law Review 1071 (May, 2011) |
By the time Congress enacted Title VII of the Civil Rights Act of 1964, roughly two dozen states had already passed fully enforceable employment discrimination laws and engaged in nearly two decades worth of enforcement efforts. But this early state-level scheme was very different from what most lawyers know as Title VII. Title VII vests primary... |
2011 |
| Andrew Kenny |
THE MEANING OF "BECAUSE" IN EMPLOYMENT DISCRIMINATION LAW: CAUSATION IN TITLE VII RETALIATION CASES AFTER GROSS |
78 University of Chicago Law Review 1031 (Summer, 2011) |
There are several employment discrimination statutes that together seek to safeguard equality in the workplace. Title VII of the Civil Rights Act of 1964 addresses discrimination based on race, color, religion, sex, or national origin. The Age Discrimination in Employment Act of 1967 (ADEA) addresses age discrimination. Both statutes make it... |
2011 |
| William R. Corbett |
WHAT IS IN GINA'S GENES? THE CURIOUS CASE OF THE MUTANT-HYBRID EMPLOYMENT LAW |
64 Oklahoma Law Review 1 (Fall, 2011) |
I. Announcing the Discovery of a Mutation. 1 II. The Improbable Enactment of a Mutant Antidiscrimination Law. 4 A. GINA as a Mutant Antidiscrimination Law. 4 B. Enactment Without the Usual Pedigree of an Antidiscrimination Law. 6 III. Improbable Enactment of a Hybrid Antidiscrimination/Privacy Law. 8 A. GINA as a Hybrid Antidiscrimination/Privacy... |
2011 |
| Katherine R. Morelli |
A MISGUIDED REVERSAL: WHY THE OKLAHOMA SUPREME COURT SHOULD NOT HAVE INTERPRETED SAINT V. DATA EXCHANGE, INC. TO PROVIDE A BURK TORT CAUSE OF ACTION TO PLAINTIFFS ALLEGING AGE DISCRIMINATION IN EMPLOYMENT |
62 Oklahoma Law Review 329 (Winter, 2010) |
Terminable at-will employment theoretically benefits both the employer and employee for a number of reasons, but principally because each party has an equal right to end the employment relationship whenever he or she desires without facing any legal consequences. Society also benefits from such an employment arrangement by avoiding the litigation... |
2010 |
| Michael Subit |
A PLAINTIFFS' EMPLOYMENT LAWYER'S PERSPECTIVE ON RICCI v. DESTEFANO |
25 ABA Journal of Labor & Employment Law 199 (Winter, 2010) |
Editors' Note: This Article is a further discussion of Ricci v. DeStefano, one of the closely decided employment cases from the 2008-2009 Term of the United States Supreme Court that was analyzed earlier in this issue by Kenneth G. Dau-Schmidt and Todd Dvorak. Strictly speaking, Ricci v. DeStefano is a victory for employees. The plaintiffs won... |
2010 |
| Katlin L. Connelly |
ACTIONS ON THE BASIS OF RACE ARE IMPERMISSIBLE UNDER TITLE VII UNLESS THE EMPLOYER CAN SHOW A STRONG BASIS IN EVIDENCE THAT IF ACTION WAS NOT TAKEN, THE EMPLOYER WOULD BE HELD LIABLE UNDER THE DISPARATE-IMPACT STATUTE: RICCI v. DESTEFANO |
48 Duquesne Law Review 673 (Summer, 2010) |
Civil Rights--Title VII--Disparate-Impact--Disparate-Treatment--The United States Supreme Court held that race based actions that would otherwise amount to disparate treatment discrimination are impermissible under Title VII, unless the employer can demonstrate a strong-basis-in-evidence that, if the employer did not take the action, liability... |
2010 |
| David R. Mellon , Shareholder, Sirote & Permutt PC |
ANALYZING AND RESPONDING TO THE IMPACT OF NEW EMPLOYMENT REGULATIONS AND DECISIONS |
2010 Aspatore 3253663 (August, 2010) |
The following are recent employment law cases worthy of note. The year 2009 had some truly landmark cases come from the U.S. Supreme Court. For example, Ricci, v. DeStefano, 129 S. Ct. 2658 (2009); 14 Penn Plaza LLC v. Pyett, 129 S. Ct. 1456 (2009); Gross v. FBL Fin.Servs. Inc., 129 S. Ct. 2343 (2009); Crawford v. Metro. Gov't of Nashville &... |
2010 |
| Yongdan Li |
APPLYING THE DOCTRINE OF UNCONSCIONABILITY TO EMPLOYMENT ARBITRATION AGREEMENTS, WITH EMPHASIS ON CLASS ACTION/ARBITRATION WAIVERS |
31 Whittier Law Review 665 (Summer 2010) |
As a response to developments in employment law that favored employees in court, and the cost of employment litigation, many employers have imposed mandatory arbitration on employees. Arbitration agreements between employers and employees are usually mandatory in that employees, in order to be hired, must agree to arbitrate the types of legal... |
2010 |
| David B. Oppenheimer |
CALIFORNIA'S ANTI-DISCRIMINATION LEGISLATION, PROPOSITION 14, AND THE CONSTITUTIONAL PROTECTION OF MINORITY RIGHTS: THE FIFTIETH ANNIVERSARY OF THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT |
40 Golden Gate University Law Review 117 (Winter 2010) |
Fifty years ago, in 1959, the State of California outlawed racial discrimination in employment. But it took the California Legislature four more years to prohibit racial discrimination in private housing, and the immediate response was a successful campaign by the real-estate industry to repeal the law through a voter initiative. This essay tells... |
2010 |