| Author | Title | Citation | Summary | Year |
| Lisa Marshall |
THE CHARACTER OF DISCRIMINATION LAW: THE INCOMPATIBILITY OF RULE 404 AND EMPLOYMENT DISCRIMINATION SUITS |
114 Yale Law Journal 1063 (March, 2005) |
Introduction. 1064 I. Proof of a Violation. 1067 II. Discrimination's Dance Around 404(B). 1070 A. The First Other Purpose: Motive. 1074 B. The Second Other Purpose: Intent. 1076 C. The True Purpose in Discrimination Suits: Propensity. 1082 III. The Consequences of the Incompatibility. 1083 A. The Purposes of Rule 404 and the Effects of... |
2005 |
| Jeffrey A. Mandell |
THE PROCEDURAL POSTURE OF MINIMUM EMPLOYEE THRESHOLDS IN FEDERAL ANTIDISCRIMINATION STATUTES |
72 University of Chicago Law Review 1047 (Summer 2005) |
Title VII of the Civil Rights Act of 1964 provides federal relief to victims of employment discrimination on the basis of race, color, religion, sex, and national origin. This federal relief neither obviates nor mitigates state discrimination remedies. Under federal supplementary jurisdiction, Title VII plaintiffs may pursue state and federal... |
2005 |
| Audrey J. Lee |
UNCONSCIOUS BIAS THEORY IN EMPLOYMENT DISCRIMINATION LITIGATION |
40 Harvard Civil Rights-Civil Liberties Law Review 481 (Summer, 2005) |
Deborah, an African American woman, worked as an administrative assistant for her employer for several years. She consistently received positive performance reviews until she came under the supervision of a new administrative director, Joan, who is white. One of only a handful of minority employees, Deborah became subjected to increased scrutiny by... |
2005 |
| Larry L. Rowe |
WEST VIRGINIA RACE RELATIONS AT THE TURN OF THE 21ST CENTURY: A NEW HISTORICAL PERSPECTIVE AND LEGISLATIVE STUDY OF RACIAL DISPARITIES IN EDUCATION, HEALTH, CIVIL RIGHTS, CRIMINAL JUSTICE, ECONOMIC DEVELOPMENT AND EMPLOYMENT |
107 West Virginia Law Review 637 (Spring 2005) |
I. Introduction: Self Evaluation with a Historical Perspective. 638 II. After the Horror of Slavery: Segregation Days in Old Malden. 639 III. A Romantic Life in Segregation Days with No Bitterness Over Race Discrimination. 643 IV. A White Kid Growing Up In Rural Southern West Virginia. 644 V. Celebrating Brown v. Board of Education: Reflection and... |
2005 |
| Adam W. Aston |
"FAIR AND FULL EMPLOYMENT": FORTY YEARS OF UNFULFILLED PROMISES |
15 Washington University Journal of Law and Policy 285 (2004) |
I enlist every employer, every labor union, and every agency of Government--whether affected directly by these measures or not--in the task of seeing to it that no false lines are drawn in assuring equality of the right and opportunity to make a decent living. -- President John F. Kennedy While President John F. Kennedy's promise to put a man on... |
2004 |
| James R. Todd |
"IT'S NOT MY PROBLEM": HOW WORKPLACE VIOLENCE AND POTENTIAL EMPLOYER LIABILITY LEAD TO EMPLOYMENT DISCRIMINATION OF EX-CONVICTS |
36 Arizona State Law Journal 725 (Summer, 2004) |
I. Introduction. 726 II. How Various Jurisdictions Approach the Use of Conviction Records in the Hiring of Prospective Employees. 729 A. The Disallowance of Employment Discrimination Based Solely on Conviction Records: The State Approach. 730 1. Wisconsin Fair Employment Act. 731 2. New York's Human Rights Law. 735 B. Equal Employment Opportunities... |
2004 |
| Elissa Underwood Marek |
"LET US WORK, MAN": ASSERTING RIGHTS TO EMPLOYMENT FOR INDIVIDUALS WITH CONVICTION HISTORIES IN AUSTIN, TEXAS |
51 Fordham Urban Law Journal 1065 (April, 2024) |
Introduction. 1065 I. The (Grass)Roots of the Ban the Box and Fair Chance Hiring Movement. 1068 II. Collaborative Policymaking & Community Engagement in Austin, Texas. 1078 III. Radical Resilience in Response to Preemption in Southern States. 1086 IV. Local Governments as Facilitators of Equitable and Sustainable Economic Advancement. 1090... |
2004 |
| Cheryl L. Wade |
"WE ARE AN EQUAL OPPORTUNITY EMPLOYER": DIVERSITY DOUBLESPEAK |
61 Washington and Lee Law Review 1541 (Fall, 2004) |
There are too few discussions about race and race relations among corporate managers and directors. The rhetoric used in these infrequent discussions revolves around the idea of diversity in the workplace. In recent years, when speaking about employees and race issues, corporate actors have become curiously silent about discrimination and racism.... |
2004 |
| Laya Sleiman |
A DUTY TO MAKE REASONABLE EFFORTS AND A DEFENSE OF THE DISPARATE IMPACT DOCTRINE IN EMPLOYMENT DISCRIMINATION LAW |
72 Fordham Law Review 2677 (May, 2004) |
In 1997, five women brought a class action against the Southeastern Pennsylvania Transportation Authority (SEPTA) claiming that SEPTA's physical fitness test, which applicants were required to pass in order to be eligible for employment, had a discriminatory effect on women. The plaintiffs satisfied all administrative requirements for positions... |
2004 |
| Matthew Burnett , Rebecca L. Sandefur |
A PEOPLE-CENTERED APPROACH TO DESIGNING AND EVALUATING COMMUNITY JUSTICE WORKER PROGRAMS IN THE UNITED STATES |
51 Fordham Urban Law Journal 1509 (September, 2024) |
Around the country, jurisdictions are exploring new routes to expand access to justice by empowering community justice workers to provide legal services. Though such activities are often regarded as new, some have existed for decades--people without law licenses have long been authorized to provide representation in immigration matters, Tribal... |
2004 |
| Allanah Colley |
A RENEWED CALL FOR "SÍ, SE PUEDE!" FINDING HEALING AND ACCOUNTABILITY FOR THE SEXUAL HARASSMENT OF LATINA FARMWORKER WOMEN |
27 Harvard Latin American Law Review 103 (Spring, 2024) |
Research indicates that roughly 25 to 50 percent of all women in the United States' workforce have experienced at least one incident of sexual violence. For the more than 560,000 farmworker women who pick and pack fresh produce in the United States agriculture industry, estimates are that over 80 percent have experienced sexual harassment. Yet,... |
2004 |
| Erin Chow |
APP-BASED DRIVERS, EMPLOYEES OR INDEPENDENT CONTRACTORS?: BIG TECH'S FIGHT TO CLASSIFY DRIVERS AS INDEPENDENT CONTRACTORS PRIORITIZES FLEXIBILITY AND INNOVATION OVER LABOR AND CLASS IMPLICATIONS |
29 Suffolk Journal of Trial and Appellate Advocacy 89 (2023-2024) |
We insist that labor is entitled to as much respect as property. But our workers with hand and brain deserve more than respect for their labor. They deserve practical protection in the opportunity to use their labor at a return adequate to support them at a decent and constantly rising standard of living, and to accumulate a margin of security... |
2004 |
| Phillis Rambsy , Rebecca Salawdeh |
CHASING FREEDOM: THE HISTORY OF GOVERNMENT OPPRESSION OF THE MOST VULNERABLE AND HOW EXPANDED LEAVE LAWS CAN PROMOTE LIBERTY FOR WORKERS IN THE WAKE OF DOBBS |
27 Employee Rights and Employment Policy Journal 135 (########) |
In Dobbs v. Jackson Women's Health Organization, the Supreme Court held that the Constitution does not protect a women's right to an abortion, rejecting both equal protection and substantive due process arguments under the Fourteenth Amendment. The Court held that the Constitution must be interpreted as it would have been by the ratifiers, thereby... |
2004 |
| Ewa Rejman |
CHILD MIGRANT WORKERS: THE INVISIBLE CHILDREN? |
52 Denver Journal of International Law and Policy 255 (Spring, 2024) |
From February to December 2023, The New York Times published a series of investigative articles on child migrant workers who take jobs that are off-limits to American children and simply disappear from the system while companies and government officials continued to shift blame to avoid responsibility. This case study serves as a starting point... |
2004 |
| Terry Tolliver |
CLERKSHIP EMPLOYERS NEEDED FOR DIVERSITY PROGRAM |
48-NOV Res Gestae 38 (November, 2004) |
On behalf of the Indiana State Bar Association's Committee for Racial Diversity in the Legal Profession and the Indiana Supreme Court's Conference for Legal Education Opportunity program (Indiana CLEO), I would like to once again invite you to participate in our joint program, Gateway to Diversity: A Summer Employment Program in the Indiana Legal... |
2004 |
| Carolyn L. Wheeler |
COMMENTS ON PRETEXT IN EMPLOYMENT DISCRIMINATION LITIGATION: MANDATORY INSTRUCTIONS FOR PERMISSIBLE INFERENCES? |
61 Washington and Lee Law Review 459 (Winter, 2004) |
It is perhaps surprising that nearly forty years after Congress enacted Title VII, courts still struggle with the most fundamental questions of how to analyze evidence proffered to prove discrimination, and how to instruct juries charged with determining whether employers have violated the law. Although jury trials have been available in Title VII... |
2004 |
| Elaine W. Shoben |
DISPARATE IMPACT THEORY IN EMPLOYMENT DISCRIMINATION: WHAT'S GRIGGS STILL GOOD FOR? WHAT NOT? |
42 Brandeis Law Journal 597 (Spring, 2004) |
Is disparate impact a dead theory of employment discrimination? Definitely not. The theory itself has a more stable legal status than it did when the Supreme Court embraced it in its 1971 opinion Griggs v. Duke Power Co. But is it thriving in litigation? It appears to be neither thriving nor dead. It has become a relatively less vital tool,... |
2004 |
| Mariana Larson |
DIVERSITY ON TRIAL: NAVIGATING EMPLOYER DIVERSITY PROGRAMS AMIDST SHIFTING LEGAL LANDSCAPES |
8 Business, Entrepreneurship & Tax Law Review 239 (Spring, 2024) |
In the Summer of 2023, in a pivotal move, the Supreme Court nullified the application of affirmative action policies in both private and public universities nationwide. The Supreme Court's holding stripped the use of any race-conscious guidelines for admission aimed at enhancing diversity on college campuses. Although the Supreme Court's holding is... |
2004 |
| Trey Wilkins-Luton |
DO RE MI: WORKERS' INCLUSION IN ENVIRONMENTAL JUSTICE |
54 Environmental Law 461 (Spring, 2024) |
As environmental justice gains momentum in the United States, scholars and advocates alike have considered how environmental justice interacts with different groups and interests across different social dimensions. The recent broadening of the environmental justice movement has, however, generally overlooked labor considerations. Workers deserve... |
2004 |
| Brian D. Barger |
EMPLOYEE AFFIRMATIVE ACTION 101--OVERVIEW, HISTORY, AND LIKELY CHALLENGES POST-STUDENTS FOR FAIR ADMISSIONS |
59-SPG Procurement Lawyer 1 (Spring, 2024) |
When entities enter into a federal prime contract or subcontract, they often encounter contract or subcontract clauses that include the following employee affirmative action commitments: FAR 52.222-26 Equal Opportunity (E.O. 11246), FAR 52.222-36 Equal Opportunity for Workers with Disabilities, and FAR 52.222-35 Equal Opportunity for Veterans. At... |
2004 |
| Suzy Fox , Lamont E. Stallworth |
EMPLOYEE PERCEPTIONS OF INTERNAL CONFLICT MANAGEMENT PROGRAMS AND ADR PROCESSES FOR PREVENTING AND RESOLVING INCIDENTS OF WORKPLACE BULLYING: ETHICAL CHALLENGES FOR DECISION-MAKERS IN ORGANIZATIONS |
8 Employee Rights and Employment Policy Journal 375 (2004) |
I. Introduction. 376 A. Workplace Bullying. 376 B. Racial/Ethnic Bullying. 378 C. Conflict Management and Alternative Dispute Resolution (ADR) Processes. 380 D. Bullying vs. Statutory-Based Workplace Disputes: A Gap in the Law. 385 E. When the Bully is the Supervisor. 386 F. Ethical Challenges to Organization Decision-Makers. 388 G. The Current... |
2004 |
| Megan E. Mowrey, Virginia Ward Vaughn |
EMPLOYER LIABILITY FOR SEXUAL HARASSMENT CULMINATING IN CONSTRUCTIVE DISCHARGE: RESOLVING THE TANGIBLE EMPLOYMENT ACTION QUESTION |
14 Southern California Review of Law and Women's Studies 25 (Fall, 2004) |
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on an individual's sex. The United States Supreme Court recognized that one form of sex discrimination is sexual harassment in the workplace and that an employer can be held liable for a supervisor's sexually harassing conduct towards an employee if such conduct led... |
2004 |
| Amanda Agan, Sonja Starr |
EMPLOYERS' NEIGHBORHOODS AND RACIAL DISCRIMINATION |
53 Journal of Legal Studies 115 (January, 2024) |
Using a field experiment, we show that the racial composition of employers' neighborhoods predicts discrimination patterns in a direction suggesting in-group bias. Second, building on prior work on ban-the-box laws, we show that employers in less-Black neighborhoods appear much likelier to stereotype Black applicants as potentially criminal when... |
2004 |
| Valarie K. Blake , Elizabeth Y. McCuskey |
EMPLOYER-SPONSORED REPRODUCTION |
124 Columbia Law Review 273 (March, 2024) |
This Article interrogates the current and future role of employer-sponsored health insurance in reproductive autonomy, revealing the impact that employers' coverage choices have on access to reproductive care and the legal infrastructure that prioritizes employer choice over individual autonomy. Over half of the population depends on employers for... |
2004 |
| Patricia Nemeth , Daniel Villaire |
EMPLOYMENT AND LABOR LAW |
50 Wayne Law Review 517 (Summer, 2004) |
I. Introduction. 518 II. Pleading and Proving Employment Claims. 518 A. Whistleblowers' Protection Act--Retaliation and Pretext. 519 B. Cause of Action for Damages under the Employee Right to Know Act. 521 C. City Charter as Basis for Private Cause of Action. 525 III. Sexual Harassment. 531 A. No Individual Liability under the ELCRA for... |
2004 |
| Virginia A. Berlando |
EMPLOYMENT DISCRIMINATION CLAIMANTS ARE NOT REQUIRED TO EXHIBIT DIRECT EVIDENCE OF DISCRIMINATION: DESERT PALACE, INC. V. COSTA |
6 Duquesne Business Law Journal 267 (Spring 2004) |
EMPLOYMENT LAW - The United States Supreme Court held that direct evidence is not required to prove employment discrimination in a mixed-motive case under Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. § 2000e et seq. (2004); Section 2000e-2(m) unambiguously states that an employee only needs to demonstrate that an employer used an illegal... |
2004 |
| Eyana J. Smith |
EMPLOYMENT DISCRIMINATION IN THE FIRM: DOES THE LEGAL SYSTEM PROVIDE REMEDIES FOR WOMEN AND MINORITY MEMBERS OF THE BAR? |
6 University of Pennsylvania Journal of Labor and Employment Law 789 (Spring 2004) |
It has been fifty years since the ratification of Title VII of the Civil Rights Act of 1964, and still a question remains as to whether legal professionals, primarily attorneys, have a rightful claim under Title VII against their employers for acts of employment discrimination. The case law in this area is sparse; this is partly because of the... |
2004 |
| Patricia Moore |
EMPLOYMENT LAW − RACIAL DISCRIMINATION − CIRCUMSTANTIAL EVIDENCE OF RACIAL DISCRIMINATION MAY BE INTRODUCED TO RAISE A GENUINE ISSUE OF MATERIAL FACT. HOPSON V. DAIMLERCHRYSLER CORP., 306 F.3D 427 (6TH CIR. 2002). |
81 University of Detroit Mercy Law Review 397 (Spring 2004) |
In Hopson v. DaimlerChrysler, the United States Court of Appeals for the Sixth Circuit decided whether summary judgment was appropriate for the defendant on racial discrimination claims based on violations of Title VII, 42 United States Code § 2000e-2000e-17 (2000) and the Elliott-Larsen Civil Rights Act, Michigan Compiled Laws Annotated 37.2101... |
2004 |
| |
EMPLOYMENT LAW -- VICARIOUS LIABILITY -- FIRST CIRCUIT HOLDS THAT CLASSIFICATION OF CONSTRUCTIVE DISCHARGE AS A TANGIBLE EMPLOYMENT ACTION SHOULD BE LEFT TO CASE-BY-CASE DETERMINATION. -- REED V. MBNA MARKETING SYSTEMS, INC., 333 F.3D 27 (1ST CIR. 2003) |
117 Harvard Law Review 1004 (January, 2004) |
In Burlington Industries, Inc. v. Ellerth and its companion case, Faragher v. City of Boca Raton, the Supreme Court determined that an employer is subject to vicarious liability under Title VII when a supervisor who has authority over an employee creates an actionable hostile environment. In setting this standard, the Court held that an employer is... |
2004 |
| Elizabeth Zaiden Mazzarella |
EMPLOYMENT LAW: DAWAVENDEWA v. SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT: THE NEED FOR CONGRESSIONAL CHANGE IN NATIVE AMERICAN HIRING PREFERENCES |
28 American Indian Law Review 413 (2003-2004) |
C1-3Table of Contents I. Introduction. 413 II. National Origin Defined in Title VII. 414 A. Overview of Title VII. 414 B. Case History: Courts' Explanations of National Origin. 416 C. Title VII's Application toward Employment on Indian Reservations. 417 III. Indian Self-Determination Act. 420 IV. Dawavendewa v. Salt River Project Agricultural... |
2004 |
| Katie Groves |
EMPLOYMENT LAW--BLURRED LINES: LOOPHOLES TO AVOID JOINT EMPLOYER LIABILITY--FELDER v. U.S. TENNIS ASS'N, 27 F.4TH 834 (2D CIR. 2022) |
29 Suffolk Journal of Trial and Appellate Advocacy 151 (2023-2024) |
Title VII of the Civil Rights Act of 1967 (Title VII) provides protections to employees against workplace discrimination on the basis of race, color, religion, sex, and/or national origin. However, the terms employee and employer under Title 41, Chapter 21 of the United States Code are ill defined, and can otherwise vary among state and... |
2004 |
| Daniel Sparks |
ENCRYPTING DISCRIMINATION: LGBTQ+ WORKERS IN THE GIG ECONOMY |
38 ABA Journal of Labor & Employment Law 69 (2024) |
While working as an Uber Eats delivery driver in Kansas in 2021, Laine, a transgender man, was required by company policy to display his legal name on his app profile, which he no longer used, effectively disclosing his transgender status. Customers were able to view his profile, which did not match his male gender identity, and he described... |
2004 |
| Susan Bisom-Rapp |
EXCEEDING OUR BOUNDARIES: TRANSNATIONAL EMPLOYMENT LAW PRACTICE AND THE EXPORT OF AMERICAN LAWYERING STYLES TO THE GLOBAL WORKSITE |
25 Comparative Labor Law and Policy Journal 257 (Winter 2004) |
Although the word globalization may be controversial, few doubt that in the future there will be more cross-border flows of capital, goods, people, services and ideas. . . . Lawyers and others who deliver legal services must be prepared for such a world, whether or not they engage personally in legal work which we currently think of as... |
2004 |
| Michael Z. Green |
FINDING LAWYERS FOR EMPLOYEES IN DISCRIMINATION DISPUTES AS A CRITICAL PRESCRIPTION FOR UNIONS TO EMBRACE RACIAL JUSTICE |
7 University of Pennsylvania Journal of Labor and Employment Law 55 (Fall 2004) |
I. Introduction. 57 II. Obtaining Counsel For Unrepresented Employees: An Employment Discrimination Dispute Resolution Dilemma for the Twenty-First Century. 64 A. Employment Discrimination Litigation and Its Frustrations Without Counsel. 66 B. Alternatives to Employment Discrimination Litigation and Its Frustrations Without Counsel. 69 III. A... |
2004 |
| Heidi Liu |
FROM INFORMATION RESTRICTIONS TO EMPLOYER ACCOUNTABILITY: REFRAMING EMPLOYMENT DISCRIMINATION |
57 U.C. Davis Law Review 1797 (February, 2024) |
Information restrictions have received significant traction as a policy and legislative tool to fight employment discrimination. These policies forbid employers from requesting potentially prejudicial information like criminal records, salary history, or credit scores until the final stage of hiring. The assumption is that this information would... |
2004 |
| Erin Scanga |
GLASS CEILING EMPLOYMENT AND RACIAL DISCRIMINATION IN HIRING FOR HEAD COACHING POSITIONS IN THE NATIONAL FOOTBALL LEAGUE |
14 Seton Hall Journal of Sports and Entertainment Law 481 (2004) |
Racism, both conscious and unconscious, continues to interfere with merit-based hiring practices throughout the United States. Discriminatory hiring practices in the National Football League (NFL) can be seen as a microcosm of society. This Comment will focus on the existing hiring practices in the NFL to demonstrate that a system of... |
2004 |
| Vicki Schultz , Gabrielle S. Friedman , Abigail C. Saguy , Tanya K. Hernandez , David Yamada |
GLOBAL PERSPECTIVES ON WORKPLACE HARASSMENT LAW: PROCEEDINGS OF THE 2004 ANNUAL MEETING, ASSOCIATION OF AMERICAN LAW SCHOOLS SECTION ON LABOR RELATIONS AND EMPLOYMENT LAW |
8 Employee Rights and Employment Policy Journal 151 (2004) |
Professor Vicki Schultz: Good afternoon, and welcome! I'm Vicki Schultz, and I am this year's chair of the Labor and Employment Relations Section. I'm very pleased to see that so many of you have turned out for the terrific panel our section is sponsoring this year. Our panel is entitled, Global Perspectives on Workplace Harassment Law. As most... |
2004 |
| Terri Gerstein, LiJia Gong |
HOW LOCAL GOVERNMENT CAN PROTECT WORKERS' RIGHTS EVEN WHEN STATES DO NOT WANT THEM TO: OPPORTUNITIES FOR LOCAL CREATIVITY AND PERSISTENCE DESPITE DOUBLE PREEMPTION |
51 Fordham Urban Law Journal 977 (April, 2024) |
Local governments have emerged as key players in advancing and protecting workers' rights in a growing number of jurisdictions in the United States. They have enacted cutting-edge laws; created local labor agencies; established worker boards or councils to provide input into policy; placed standards-- either high-road practices or at least... |
2004 |
| Ella Klahr Bunnell |
HOW THE FEDERAL ARBITRATION ACT'S "TRANSPORTATION WORKERS EXEMPTION" PROTECTS LAST-MILE DELIVERY DRIVERS |
2024 University of Illinois Law Review Online 37 (Spring, 2024) |
Imagine you are a delivery driver for Amazon. You work long hours, delivering packages from warehouses to local customers. You collect checks that barely make ends meet. After several months, an attorney informs you that Amazon has withheld overtime pay in violation of the Fair Labor Standards Act. You join a class of over 5,000 similarly situated... |
2004 |
| Jacob Hamburger |
HYBRID-STATUS IMMIGRANT WORKERS |
73 Duke Law Journal 737 (January, 2024) |
Precarious work arrangements have become a dominant feature of twenty-first-century political economy. One employer strategy that has contributed to eroding workers' rights and protections is misclassifying employees as independent contractors, avoiding the obligations that come with employee status. Recently, policymakers in some states and at the... |
2004 |
| Jared Collins |
IF IT LOOKS LIKE A DUCK, SWIMS LIKE A DUCK, AND QUACKS LIKE A DUCK, THEN IT PROBABLY IS A DUCK: INTERNS LOOK AND ACT LIKE EMPLOYEES YET LACK BASIC PROTECTIONS |
57 Suffolk University Law Review 365 (2024) |
Large and growing numbers of post-secondary students are working in internships for little or no pay, often while giving up most of the legal rights typically accorded to employees. This is no small assemblage: Internship experience has become a virtual requirement in the scramble to get a foot in the door of many sectors of the labor market ..... |
2004 |
| Angela D. Morrison |
IMMIGRATION ENFORCEMENT CREEP IN IMMIGRANT & EMPLOYEE RIGHTS |
58 University of Richmond Law Review 731 (Spring, 2024) |
As the only agency charged with enforcing the Immigration Reform and Control Act's antidiscrimination provisions, the Immigrant and Employee Rights (IER) section of the Department of Justice's Civil Rights Division plays an important role in protecting worker rights. Yet over the past decade, IER has moved from worker protection to immigration... |
2004 |
| Abby Ward |
IN DEFENSE OF PICKERING: WHEN A PUBLIC EMPLOYEE'S SOCIAL MEDIA SPEECH, PARTICULARLY POLITICAL SPEECH, CONFLICTS WITH THEIR EMPLOYER'S PUBLIC SERVICE |
108 Minnesota Law Review 1643 (February, 2024) |
With the rise of social media and the United States' increasing political polarization, public employees take to social media to post about political issues such as race and policing. But when public employees make posts on political issues in an inflammatory or controversial way, public employers often discipline or fire the employee, fearing... |
2004 |
| Jean R. Sternlight |
IN SEARCH OF THE BEST PROCEDURE FOR ENFORCING EMPLOYMENT DISCRIMINATION LAWS: A COMPARATIVE ANALYSIS |
78 Tulane Law Review 1401 (May, 2004) |
As our world effectively shrinks, many countries are beginning to reach a striking substantive consensus regarding the prohibition of employment discrimination. Yet, and in sharp contrast, nothing approaching consensus has yet emerged regarding the best procedural method with which to resolve individual claims of employment discrimination. Instead,... |
2004 |
| Amanda J. Zaremba |
NATIONAL RAILROAD PASSENGER CORP. V. MORGAN: THE FILING QUANDARY FOR LEGALLY ILL-EQUIPPED EMPLOYEES AND ETERNALLY LIABLE EMPLOYERS |
72 University of Cincinnati Law Review 1129 (Spring, 2004) |
The discrimination occurred from the very start for Arthur Logan. In 1990, on his first day at Traintrak, Logan expected to assume the duties of an electrician. However, Traintrak told him that the title of his job was only Electrician Helper. He was disappointed with this title, especially when he discovered that Traintrak had hired less... |
2004 |
| Rhonda M. Reaves |
ONE OF THESE THINGS IS NOT LIKE THE OTHER: ANALOGIZING AGEISM TO RACISM IN EMPLOYMENT DISCRIMINATION CASES |
38 University of Richmond Law Review 839 (May, 2004) |
I. Introduction. 841 II. The Role of Analogy in Anti-Discrimination Law. 845 A. Use of Analogies Lends Moral Force in Support of Extending the Law to New Groups. 846 B. Failure To Acknowledge Difference Can Undermine the Moral Force of Analogy. 847 C. The Experiences of Older Workers and Workers of Color Are Disanalogous in Certain Respects. 848 1.... |
2004 |
| César F. Rosado Marzán |
PERSONAL AND POLITICAL: HOW THE ILLINOIS DOMESTIC WORKERS' BILL OF RIGHTS CONNECTED LIVES |
57 U.C. Davis Law Review 3033 (June, 2024) |
Many domestic workers lack basic labor and employment protections in the United States. One of the main reasons domestic work remains unregulated by government lies in cultural and social perceptions of the so-called private domestic sphere and the more public economic sphere where work prevails. These perceptions, termed by sociologists as... |
2004 |
| Melissa McElroy |
PESTICIDE POISONINGS AND DEADLY HAZARDS: USING THE FARM BILL TO PROTECT WORKERS |
35 Colorado Environmental Law Journal 387 (Spring, 2024) |
C1-2Table of Contents Introduction. 388 I. Background of the Farm Bill and Past Conservation Titles. 391 A. History of the Farm Bill. 392 B. OSHA Enforcement. 394 C. Farm Bill Funding. 395 D. Conservation Titles. 396 E. Horticulture Titles. 398 II. Existing Pesticide Legislation. 399 A. The Current State of Pesticide Enforcement. 401 B. 2018 FIFRA... |
2004 |
| Margaret H. Zhang |
PREGNANT WORKERS AND THE CLIMATE CRISIS |
91 Tennessee Law Review 431 (Winter, 2024) |
Introduction. 432 I. Preexisting Poor Outlook for U.S. Pregnant People and Pregnant Workers. 438 A. Deteriorating U.S. Maternal and Infant Health Trends. 438 1. Maternal Health Trends. 439 2. Infant Health Trends. 442 3. Abortion Restrictions to Exacerbate Trends. 446 B. Pregnant People Pulled into Unhealthy Workplaces. 449 1. Workforce... |
2004 |
| Holly Morrison |
PRESERVING EMPLOYEE RIGHTS IN THE ERA OF CANCEL CULTURE |
38 ABA Journal of Labor & Employment Law 107 (2024) |
Emmanuel Cafferty is a middle-aged Hispanic man and former utility worker. In June 2020, Cafferty was terminated after a stranger posted on Twitter a photo of him driving. In the image, Cafferty has his hand hanging out of a truck window and appears to be making what looks like an okay hand sign. According to Cafferty, he was cracking his... |
2004 |