Joyce E. Taber AN UNANSWERED QUESTION ABOUT MANDATORY ARBITRATION: SHOULD A MANDATORY ARBITRATION CLAUSE PRECLUDE THE EEOC FROM SEEKING MONETARY RELIEF ON AN EMPLOYEE'S BEHALF IN A TITLE VII CASE? 50 American University Law Review 281 (October, 2000) Introduction. 282 I. Background. 285 A. Gilmer and Mandatory Arbitration Under the FAA. 285 B. Title VII Statutory Scheme and Remedies. 288 II. Circuit Split on Scope of EEOC Remedies and Monetary Relief. 292 A. Only Injunctive Relief. 292 1. Second Circuit: EEOC v. Kidder, Peabody & Co.. 292 2. Fourth Circuit: EEOC v. Waffle House, Inc.. 297 B.... 2000
Elizabeth M. Adamitis APPEARANCE MATTERS: A PROPOSAL TO PROHIBIT APPEARANCE DISCRIMINATION IN EMPLOYMENT 75 Washington Law Review 195 (January, 2000) The consideration of appearance in the employment decisionmaking context is prevalent and widely accepted. Nonetheless, statutory protection against such discrimination remains limited. Federal protection applies only to claims related to already-protected categories of discrimination, including disability, race, color, religion, sex,... 2000
Licia M. Williams DOES AN AT-WILL EMPLOYEE HAVE A CONTRACT SUFFICIENT TO SUPPORT A RACE DISCRIMINATION CLAIM AGAINST AN EMPLOYER UNDER 42 U.S.C. § 1981? 30 University of Memphis Law Review 923 (Summer, 2000) I. L2-5Introduction 924 II. L2-5Section 1981 Interpretation 930 A. L4-5Section 1981 Interpretation Under Patterson v. McLean Credit Union 932 B. L4-5Section 1981 Interpretation Following the Amendments of the Civil Rights Act of 1991 935 III. L2-5The Federal Circuit and District Court Interpretations of Whether an At-Will Employee Has Standing To... 2000
Victoria K. Lin EMBRACING MINORITY HOUSING AND EMPLOYMENT RIGHTS IN THE NEW MILLENNIUM 31 McGeorge Law Review 211 (Winter, 2000) With regard to urban housing and employment, the first half of the twentieth century saw racially restrictive covenants garner public attention, while the latter half experienced a focus on sexual orientation discrimination in employment. As the nation enters the twenty-first century, California is demonstrating a growing acceptance of racial... 2000
Mark E. Schreiber EMPLOYER E-MAIL AND INTERNET RISKS, POLICY GUIDELINES AND INVESTIGATIONS 85 Massachusetts Law Review 74 (Fall, 2000) Cyberstalking, on-line threats of violence, sex sites and spam complicate the efficiency and compromise the integrity of employer-provided systems and Internet access. Companies may face claims of discrimination or sexual harassment arising from their employees' sexual, racial, or otherwise threatening or harassing e-mails or Internet graphics or... 2000
Kristin Piepmeier EMPLOYER LIABILITY FOR WORKPLACE SEXUAL HARASSMENT PERPETRATED BY SUPERVISORS:THE VICARIOUS LIABILITY STANDARD OF BURLINGTON INDUSTRIES, INC. V. ELLERTHAND FARAGHER V. CITY OF BOCA RATON 36 Willamette Law Review 141 (Winter 2000) In 1998, the United States Supreme Court set forth standards governing the burden of proof in hostile environment sexual harassment cases where a plaintiff seeks to hold an employer accountable for a supervisor's harassment. The holdings of Burlington Industries, Inc. v. Ellerth and Faragher v. City of Boca Raton placed the burden upon the employer... 2000
Phillip R. Jones ; Jennifer A. Youpa ; Stacey S. Calvert EMPLOYMENT AND LABOR LAW 53 SMU Law Review 929 (Summer 2000) I. INTRODUCTION. 930 II. STATUTORY CLAIMS. 930 A. Anti-discrimination Statutes. 930 1. Sex Discrimination and Sexual Harassment. 931 2. Disability Discrimination. 934 3. Race and National Origin Discrimination. 938 4. Age Discrimination. 940 5. Retaliation. 941 B. Workers' Compensation Retaliation. 943 C. Texas Whistleblower Act Claims. 946 III.... 2000
Abigail C. Saguy EMPLOYMENT DISCRIMINATION OR SEXUAL VIOLENCE? DEFINING SEXUAL HARASSMENT IN AMERICAN AND FRENCH LAW 34 Law and Society Review 1091 (2000) In this article I examine how and why the term sexual harassment has been defined very differently in American and French law. Drawing on political and legal history, I argue that feminists mobilized in both countries to create sexual harassment law, but encountered dissimilar political, legal, and cultural constraints and resources. Having... 2000
Ronald Turner EMPLOYMENT DISCRIMINATION, LABOR AND EMPLOYMENT ARBITRATION, AND THE CASE AGAINST UNION WAIVER OF THE INDIVIDUAL WORKER'S STATUTORY RIGHT TO A JUDICIAL FORUM 49 Emory Law Journal 135 (Winter 2000) Employees working in the nation's workplaces are officially protected by a number of federal employment discrimination statutes. For example, Title VII of the Civil Rights Act of 1964 (Title VII) makes it unlawful for an employer or a labor organization to discriminate against individuals because of their race, color, religion, sex, or national... 2000
Samuel E. Peckham EMPLOYMENT LAW --REVERSE DISCRIMINATION--TITLE RCO DOES NOT REQUIRE A PARTY ALLEGING REVERSE DISCRIMINATION TO PROVIDE EVIDENCE OF BACKGROUND CIRCUMSTANCES TO DEMONSTRATE THAT THE EMPLOYER UNJUSTLY DISCRIMINATES AGAINST THE MAJORITY TO ESTABLISH A PRIMA F 30 Seton Hall Law Review 1012 (2000) In 1992, the United States Postal Service conducted a massive reorganization that consolidated or eliminated numerous executive-level posts. See Iadimarco v. Runyon, 190 F.3d 151, 154 (3d Cir. 1999). During this time, Charles Iadimarco, a white male managerial employee, was forced to tender a 991 Form indicating his preference for other Postal... 2000
James N. Phillips EMPLOYMENT LAW: DISPARATE TREATMENT EMPLOYMENT DISCRIMINATION POST-HICKS ANALYSIS OF DISPARATE TREATMENT DISCRIMINATION UNDER THE MCDONNELL DOUGLAS FRAMEWORK AND ITS RECENT APPLICATION IN THE TENTH CIRCUIT 77 Denver University Law Review 483 (2000) Congress responded to the problem of discrimination in the workplace through the enactment of Title VII of the Civil Rights Act of 1964 (Title VII). Under Title VII, an employer may not base its employment decisions on individual employee characteristics such as race or gender. This statutory prohibition is intended to eliminate intentional... 2000
J. Benjamin Earthman EMPLOYMENT-TETRO V. ELLIOTT POPHAM PONTIAC, OLDSMOBILE, BUICK, & GMC TRUCKS, INC.: THE SIXTH CIRCUIT INTERPRETS TITLE VII AND THE TENNESSEE HUMAN RIGHTS ACT TO INCLUDE DISCRIMINATION BASED UPON AN EMPLOYEE'S BIRACIAL CHILD 30 University of Memphis Law Review 971 (Summer, 2000) On July 28, 1996, Elliott Popham hired Plaintiff Fred E. Tetro, Jr., a white male, as the finance manager of his automobile dealership. Tetro came highly recommended by Brian McDonald, the General Manager of the dealership and immediately began receiving praise for his job performance from not only co-workers but also Popham himself. Tetro's... 2000
Mary Beth Hamilton FARAGHER V. CITY OF BOCA RATON: EMPLOYERS HELD VICARIOUSLY LIABLE FOR SUPERVISORY-CREATED HOSTILE WORK ENVIRONMENTS 9 Widener Journal of Public Law 431 (2000) One of the fastest growing areas of law in the employment field today is hostile work environment discrimination. Title VII of the Civil Rights Act of 1964 established a cause of action not only for discriminatory acts with tangible employment consequences, but also one for hostile work environments. The hostile work environment was first... 2000
Barclay D. Beery FROM ASPIRATION TO ARROGANCE AND BACK: THE ONCE AND FUTURE ROLE OF "EQUAL EMPLOYMENT OPPORTUNITY" UNDER TITLE VII 34 Valparaiso University Law Review 435 (Summer, 2000) Of course it's not true. Of course it never will be true. But I challenge anybody to tell me that it isn't the type of goal we should try to get to as fast as we can. - Thurgood Marshall . . . the others you will meet. They won't act as kindly if they see you on the street. - Donald Fagen and Walter Becker Our grandson, Jack, has come over to visit... 2000
Honorable H. Lee Sarokin ; Jane K. Babin ; Allison H. Goddard HAS AFFIRMATIVE ACTION BEEN NEGATED? A CLOSER LOOK AT PUBLIC EMPLOYMENT 37 San Diego Law Review 575 (Summer 2000) I. Introduction. 576 II. Affirmative Action in the Supreme Court: The Evolution and Aftermath of Strict Scrutiny. 578 A. The Development of Strict Scrutiny in the Public Employment Context. 581 B. The New Debate: Is Strict Scrutiny the Death Knell for Affirmative Action?. 590 C. Summary. 599 III. The Aftermath of Strict Scrutiny in the Lower... 2000
John E. Taylor HELPING THOSE WHO HELP THEMSELVES: THE FOURTH CIRCUIT'S TREATMENT OF AGREEMENTS TO ARBITRATE STATUTORY EMPLOYMENT DISCRIMINATION CLAIMS IN BROWN V. ABF FREIGHT SYSTEMS, INC. AND EEOC V. WAFFLE HOUSE, INC. 79 North Carolina Law Review 239 (December, 2000) Plainly, it would not comport with the congressional objectives behind a statute seeking to enforce civil rights . . . to allow the very forces that had practiced discrimination to contract away the right to enforce civil rights in the courts. For federal courts to defer to arbitral decisions reached by the same combination of forces that had long... 2000
Mindy L. Caplan III. EMPLOYMENT LAW 59 Maryland Law Review 1330 (2000) In Spriggs v. Diamond Auto Glass, the Fourth Circuit considered whether at-will employment relationships were contracts entitled to the protection of 42 U.S.C. § 1981. Section 1981 guarantees that all people have equal rights to make and to enforce contracts. The court held that although at-will employment relationships were terminable at the... 2000
Michael S. Truesdale , G. James Landon LABOR AND EMPLOYMENT LAW 31 Texas Tech Law Review 711 (2000) I. L2-4Introduction 714 II. L2-4Sexual Harassment/Sexual Discrimination 714 A. L3-4Sufficiency of Knowledge of Harassment 715. 1. Constructive Knowledge Based on Departmental Organization: Sharp v. City of Houston. 715 2. Knowledge Deemed Relevant as a Result of Company Harassment Policies: Williamson v. City of Houston. 717 B. L3-4Hostile Work... 2000
Gary M. Kramer LIMITED LICENSE TO FISH OFF THE COMPANY PIER: TOWARD EXPRESS EMPLOYER POLICIES ON SUPERVISOR-SUBORDINATE FRATERNIZATION 22 Western New England Law Review 77 (2000) Co-workers very often enter romantic relationships with each other. Employers cannot effectively prohibit that, and should not try. However, certain office romances-between supervisors and subordinates who are in a direct reporting relationship or are otherwise on different hierarchical levels-are particularly troublesome for the employees... 2000
Susan C. Thies MILLS V. HEALTH CARE SERVICE CORPORATION: ARE "BACKGROUND CIRCUMSTANCES' TOO MUCH TO ASK OF A PLAINTIFF ALLEGING REVERSE DISCRIMINATION IN EMPLOYMENT? 74 Saint John's Law Review 537 (Spring 2000) Title VII of the Civil Rights Act of 1964 was enacted to eradicate discrimination against persons on the basis of race, color, religion, sex, or national origin in employment determinations. Title VII protects members of any race, gender, religion, or national origin. In McDonnell Douglas Corp. v. Green, a case involving discrimination against a... 2000
by Robert Belton MIXED-MOTIVE CASES IN EMPLOYMENT DISCRIMINATION LAW REVISITED: A BRIEF UPDATED VIEW OF THE SWAMP 51 Mercer Law Review 651 (Winter 2000) In 1973 the Supreme Court enunciated an analytical framework in McDonnell Douglas Corp. v. Green with the purpose of providing plaintiffs in statutory employment discrimination cases a full and fair opportunity to prove intentional discrimination despite the unavailability of direct evidence. The McDonnell Douglas framework is used primarily in... 2000
Mary K. O'Melveny NEGOTIATING THE MINEFIELDS: SELECTED ISSUES FOR LABOR UNIONS ADDRESSING SEXUAL HARASSMENT COMPLAINTS BY REPRESENTED EMPLOYEES 15 Labor Lawyer 321 (Winter/Spring, 2000) Sexual harassment continues to be a problem in the workplace, particularly for workers in non-traditional jobs, whether that term means the rarified glass ceiling position, or the mostly male construction site. Labor unions can be confronted with sexual harassment complaints in their capacity as employers, and in their capacity as collective... 2000
Gary M. Kramer NO CLASS: POST-1991 BARRIERS TO RULE 23 CERTIFICATION OF ACROSS-THE-BOARD EMPLOYMENT DISCRIMINATION CASES 15 Labor Lawyer 415 (Winter/Spring, 2000) After a long decline in frequency following a peak in 1976, Title VII pattern and practice employment discrimination class actions have increased in the last few years. Since the Civil Rights Act was enacted, district court judges have had broad discretion in determining whether to certify and how to define a class in these cases. Prior to 1991,... 2000
Robert Thomas Roos NO HARM, NO FRAUD: THE INVALIDITY OF STATE FRAUD CLAIMS BROUGHT AGAINST EMPLOYMENT TESTERS 53 Vanderbilt Law Review 1687 (October, 2000) I. L2-4,T4Introduction 1688 II. L2-4,T4Employment Testers as Litigants: the Debate Over Standing 1695 A. L3-4,T4The Statutory and Administrative Development of Employment Testing 1695 1. Title VII and the Equal Employment Opportunity Commission. 1695 2. Title VII, the Fair Housing Act, and Undercover Testing. 1696 B. L3-4,T4The Jurisprudential... 2000
Peggie R. Smith ORGANIZING THE UNORGANIZABLE: PRIVATE PAID HOUSEHOLD WORKERS AND APPROACHES TO EMPLOYEE REPRESENTATION 79 North Carolina Law Review 45 (December, 2000) In this Article, Professor Smith argues that private paid household workers can and should organize even as they have been excluded from the National Labor Relations Act and most state collective bargaining statutes. Drawing upon historical and contemporary organizing efforts among paid household workers, as well as innovative organizing drives to... 2000
Brian K. Landsberg PAUL D. MORENO, FROM DIRECT ACTION TO AFFIRMATIVE ACTION: FAIR EMPLOYMENT LAW AND POLICY IN AMERICA, 1933-1972, BATON ROUGE: LOUISIANA STATE UNIVERSITY PRESS, 1997. PP. 312. $35.00 CLOTH; $12.95 PAPER (ISBN 0-8071-2138-X; 0-8071-2383-8) 18 Law and History Review 240 (Spring, 2000) Paul D. Moreno sets out to furnish a legal, historical, and analytical explanation of the transformation of the color-blind, individual rights, equality of opportunity formula into the color-conscious, group rights, equality of result formula (2). He succeeds admirably in his exposition of the social, economic, and political settings within which... 2000
Kurt H. Decker PENNSYLVANIA'S WHISTLEBLOWER LAW'S EXTENSION TO PRIVATE SECTOR EMPLOYEES: HAS THE TIME FINALLY COME TO BROADEN STATUTORY PROTECTION FOR ALL AT-WILL EMPLOYEES? 38 Duquesne Law Review 723 (Spring 2000) L1-2Introduction 724. E5I. At-Will Employment. 731 A. United States. 731 B. Pennsylvania. 735 II. Pennsylvania's Whistleblower Law. 743 III. Pennsylvania's Whistleblower Law's Extension to Private Sector Employees. 750 IV. Statutory Modification of At-Will Employment. 754 A. Why Protect At-Will Employees Statutorily?. 754 B. State Statutes... 2000
Robert W. Cowan PIZZA HUT PAYS THE DOUGH AS THE TENTH CIRCUIT HANDS EMPLOYERS A BIGGER SLICE OF THE SEXUAL HARASSMENT LIABILITY PIE IN LOCKARD V. PIZZA HUT, INC., 162 F.3D 1062 (10TH CIR. 1998) 41 South Texas Law Review 1157 (Summer 2000) I. Introduction. 1157 II. Background on Employer Liability for Hostile Work Environment Sexual Harassment. 1162 III. How the Tenth Circuit in Lockard Defies Traditional Analysis in Hostile Work Environment Sexual Harassment Cases. 1165 A. The Should Have Known Standard--A Question of Foreseeability. 1167 B. The Duty to Correct versus the Duty to... 2000
Joseph M. Kelly , Adele Sinclair SEXUAL HARASSMENT OF EMPLOYEES BY CUSTOMERS AND OTHER THIRD PARTIES: AMERICAN AND BRITISH VIEWS 31 Texas Tech Law Review 807 (2000) In both Great Britain and the United States, the respective legislative bodies prohibit discrimination on the basis of sex. In both jurisdictions, courts have concluded that sexual harassment is a prohibited type of sex discrimination. Furthermore, both countries have expanded the scope of traditional employer liability for sexual harassment to... 2000
Nicole A. Forkenbrock Lindemyer SEXUAL HARASSMENT ON THE SECOND SHIFT:THE MISFIT APPLICATION OF TITLE VII EMPLOYMENT STANDARDS TO TITLE VIII HOUSING CASES 18 Law & Inequality: A Journal of Theory and Practice 351 (Summer 2000) [F]or the embattled/there is no place/that cannot be/home/nor is. Audre Lorde Yet another strand of sexual harassment is infecting women's lives and has begun to be treated in our courts: sexual harassment in the home. In increasing numbers, women are being forced to endure demands for sex from those who provide their housing, and to live in... 2000
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