| Author | Title | Citation | Summary | Year |
| Esther G. Lander , Amanda S. McGinn |
IMPACT OF SCOTUS AFFIRMATIVE ACTION RULING ON EMPLOYERS |
406 GPSolo No 74 (November/December, .) |
In Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199 (U.S. June 29, 2023) (the Harvard Opinion), the U.S. Supreme Court overturned its past precedent and held that the goal of achieving a diverse student body cannot justify using race as a plus factor in college admissions and that doing so violates the... |
2023 |
| Alberto R. Salazar V. |
IMPLEMENTING THE NEW PURPOSE OF THE CORPORATION: THE DUTY OF DIRECTORS TO TIE EXECUTIVE PAY TO EMPLOYEES' INTERESTS |
20 Berkeley Business Law Journal 149 (2023) |
The traditional view of executive pay as a financial incentive to enhance firm performance that is often equated with shareholder value maximization has been put into question in the last few years. The rise of the new purpose of the corporation and stakeholder capitalism has put that traditional view under further scrutiny. This article elaborates... |
2023 |
| Destiny Peterson |
IN THE THICK OF THICK ACCENTS: EMPLOYMENT DISCRIMINATION AND THE APPALACHIAN ACCENT |
22 Appalachian Journal of Law 1 (2023) |
In the Thick of Thick Accents: Employment Discrimination and the Appalachian Accent explores how courts have misinterpreted Title VII of the Civil Rights Act of 1964 to deny Appalachians legal protection remedying employment discrimination. A brief overview of the terminology, constitutional background, and legal framework needed to understand the... |
2023 |
| Anna Maria Sicenica |
INCREASING REPRESENTATION: EXPANDING INTERSECTIONAL CLAIMS IN EMPLOYMENT DISCRIMINATION |
61 Duquesne Law Review 341 (Summer, 2023) |
The way we imagine discrimination or disempowerment often is more complicated for people who are subjected to multiple forms of exclusion. The good news is that intersectionality provides us a way to see it. - Kimberlé Williams Crenshaw The trend of globalization has only continued to bring workers from different races, religions, and countries... |
2023 |
| Caitlin Taub Gaines |
KEEPING FAIR CHANCE LAWS FAIR: IMPLICATIONS FOR EMPLOYERS AND EMPLOYEES GIVEN THE EXPANSION AND VARIETY OF FAIR CHANCE LAWS IN THE UNITED STATES |
72 Catholic University Law Review 535 (Fall, 2023) |
Jurisdictions around the United States have adopted, and are considering adopting, fair chance laws, also known as ban the box laws, to improve access to employment opportunities for those with criminal histories. For years, individuals with criminal records--approximately one in four U.S. adults--have been disadvantaged when employers heavily... |
2023 |
| W. Jonathan Martin II , Patricia-Anne Brownback |
LABOR AND EMPLOYMENT |
74 Mercer Law Review 1479 (Summer, 2023) |
This Article focuses on recent cases concerning federal labor and employment laws. The following is a discussion of those opinions. The Supreme Court of the United States issued one decision directly affecting labor and employment laws in 2022. The Supreme Court garnered the nation's attention with its decision in National Federation of Independent... |
2023 |
| Amiel J. Provosty, Secretary-Treasurer, LSBA Labor and Employment Law Section, The Kullman Firm, Ste. 1600, 1100 Poydras St., New Orleans, LA 70163-1600 |
LABOR AND EMPLOYMENT LAW |
70 Louisiana Bar Journal 395 (February/March, 2023) |
In Tesla Inc., 371 NLRB No. 131 (Aug. 29, 2022), available at www.nlrb.gov/case/32-CA-220777, the National Labor Relations Board (NLRB) spelled out a burden-shifting analysis for whether uniform policies violate on their face Section 8(a)(1) of the National Labor Relations Act. The NLRB held that any work rule that requires employees to wear... |
2023 |
| Kaitlyn Myles |
MANAGERS ARE PEOPLE, TOO! THE ELEVENTH CIRCUIT'S REJECTION OF THE "MANAGER EXCEPTION" ALLOWS HUMAN RESOURCE AND MANAGERIAL EMPLOYEES TO BRING TITLE VII RETALIATION CLAIMS |
74 Mercer Law Review 1665 (Summer, 2023) |
Human resource (HR) managers undertake important tasks at companies. For example, a company may employ a human resource manager to manage internal issues, such as those affecting lower-level employees. That HR manager may come to the conclusion that a lower-level employee, having faced some discrimination from the company, had their rights... |
2023 |
| Laura T. Kessler |
MISCARRIAGE OF JUSTICE: EARLY PREGNANCY LOSS AND THE LIMITS OF U.S. EMPLOYMENT LAW |
108 Cornell Law Review 543 (March, 2023) |
This Article explores judicial responses to miscarriage under federal employment law in the United States. Miscarriage is a common experience. Of confirmed pregnancies, about 15% will end in miscarriage; almost half of all women who have given birth have suffered a miscarriage. Yet, this experience slips through the cracks of every major federal... |
2023 |
| Shayak Sarkar |
NEED-BASED EMPLOYMENT |
64 Boston College Law Review 119 (January, 2023) |
Introduction. 120 I. Productivity and Beyond. 127 II. Need-Based Employment in Practice. 131 A. Historical Precedent: Need Through the New Deal's Work Programs. 131 1. Need-Based Employment Before the New Deal. 131 2. Need and the New Deal's Pre-WPA Work Programs. 133 3. Need and the WPA. 135 B. Contemporary Need-Based Employment. 138 1. Federal... |
2023 |
| Logan C. Hibbs |
NOT SO CLEAR AND PLAIN: EXPLORING THE CIRCUIT SPLIT ON THE APPLICABILITY OF FEDERAL LABOR & EMPLOYMENT LAWS TO TRIBES |
75 Oklahoma Law Review 905 (Summer, 2023) |
As tribes have increased their economic independence over the last few decades, tribal governments have started to hire more employees than ever before. In Oklahoma alone, tribes employed over 54,000 Indian-and non-Indian workers, and paid out 5.4 billion in wages and benefits to those employees in 2019 And, in Washington, Minnesota, and Idaho,... |
2023 |
| Hannah E. Wissler |
OVERLOOKED AND UNDERVALUED: EX-OFFENDERS IN THE EMPLOYMENT MARKET |
37 ABA Journal of Labor & Employment Law 93 (2023) |
Let's think about a hypothetical for a moment: Joe is a thirty-five-year-old man with a finance degree looking for work. Unfortunately, Joe is having trouble finding employment because he has a felony conviction. When Joe was twenty-eight, he accidentally hit and killed a small child after the child ran out from behind a truck and into the street.... |
2023 |
| Meghan Golden |
PIERCING THE MINISTERIAL EXCEPTION: AN ENDEAVOR TO HOLD RELIGIOUS EMPLOYERS ACCOUNTABLE FOR HARASSING BEHAVIOR |
56 UIC Law Review 73 (Spring, 2023) |
I. Introduction. 74 II. Background. 77 A. Religious Liberty at the Federal Level. 78 B. Religious Liberty in the Employment Context. 81 C. Judicial Creation and Development of the Ministerial Exception. 84 D. Supreme Court Endorsement of the Ministerial Exception. 86 E. Ministerial Exception & Hostile Work Environment Claims. 89 F. The Adjudication... |
2023 |
| Weyman Johnson, Kailyn G. Coots, Alexander Edmonds |
PRIVATIZATION OF EMPLOYMENT CLAIMS: PERHAPS A HYBRID APPROACH WILL FREE AMERICAN SOCIETY FROM THE EPIC TRAP THE SUPREME COURT HAS SPRUNG WITHOUT FORFEITING ALL ADVANTAGES OF ARBITRATION |
14 William & Mary Business Law Review 353 (February, 2023) |
Mandatory individual arbitration, as a condition of employment, binds many U.S. employees after the Supreme Court's 2018 decision in Epic Systems Corp. v. Lewis. In effect, fundamental employment protections--such as relief under current anti-discrimination statutes--are privatized. Now, only a legislative fix will break those bonds. Congress and... |
2023 |
| Michael E. Rosman |
PUBLIC EMPLOYEE SPEECH AND THE HECKLER'S VETO: IS THERE A WAY AROUND IT? |
50 Rutgers Law Record 278 (2023) |
The law that governs public employee speech has engendered some serious criticism. Public employers can impose adverse employment actions (suspensions, firings, denying raises or promotions) for much speech that would be protected by the First Amendment from any action the government might take as a sovereign (fines, jail, etc.). Most... |
2023 |
| Kate Bally, Adam D. Fuller, Daniel Furshpan, Roscoe Mutz |
RECENT DEVELOPMENTS IN EMPLOYMENT AND LABOR LAW |
58 Tort Trial & Insurance Practice Law Journal 283 (Summer, 2023) |
I. Introduction. 284 II. Show Me the Money: The Rise of Pay Disclosure Laws. 284 A. Gender and Racial Pay Gaps. 285 B. Initiatives to Date. 286 C. Pay Disclosure Laws. 286 1. State Law. 287 2. Local Law. 287 D. Conclusion. 288 III. The Crown Act: A Potential Solution to a Hairy Discrimination Issue. 289 A. History of the CROWN Act. 289 B. Current... |
2023 |
| Evan Dandrea |
RECLAIMING RIGHTS: COMBATTING EMPLOYEE-SIDED LABOR & EMPLOYMENT LEGAL ACCESSIBILITY ISSUES FOR THE NEW WORKING CLASS THROUGH UNIONIZATION |
28 Roger Williams University Law Review 229 (Spring, 2023) |
A source of pride for the United States lies in the notion of maintaining equitable access to its justice system, regardless of a litigant's social or economic status: From the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and substantive safeguards designed to assure fair trials before... |
2023 |
| Bill Ong Hing |
RESISTING EMPLOYER SANCTIONS: A STRATEGY FOR CIVIL DISOBEDIENCE |
33 Berkeley La Raza Law Journal 37 (2023) |
The Deferred Action for Childhood Arrivals (DACA) program is on a death march in the federal courts. Ending DACA would mean that 600,000 individuals would lose their work permits. That means that about 22,000 DACA recipients would lose employment authorization every month for two years, roughly 1,000 per business day. The Development, Relief, and... |
2023 |
| Andrew Thompson |
SHORTENED LIMITATION PERIODS IN EMPLOYMENT CONTRACTS: A "REASONABLE" SUGGESTION |
73 Case Western Reserve Law Review 951 (Spring, 2023) |
C1-2Contents Introduction. 951 I. The Judicial Approach to Contractual Limitation Periods. 956 A. Reasonableness. 956 1. General and Specific Reasonableness. 956 2. Reasonableness as Balancing Interests. 960 B. Other Approaches. 964 II. Alternative Approaches to Enforcement of Provisions in Employment Contracts. 966 A. Covenants Not to Compete. 966... |
2023 |
| Anne E. Collier , Mary E. Vandenack |
THE ACTUALIZED WORKPLACE |
493 Law No. Practice 32 (May/June, 2023) |
Much is written about the need for effective leadership and management. Overwhelmingly, people focus on the importance of leaders establishing culture. Without the tactical work of managers, however, the envisioned culture as a truly lived experience is missing. This article explores effective management skills for a positive, healthy, actualized... |
2023 |
| Ofer Raban |
THE FREE SPEECH OF PUBLIC EMPLOYEES AT A TIME OF POLITICAL POLARIZATION: CLARIFYING THE PICKERING BALANCING TEST |
60 Houston Law Review 653 (Winter, 2023) |
The First Amendment restricts the ability of government employers to punish public employees for their speech. The governing constitutional standard, known as the Pickering test, is a flexible balancing inquiry pitting the interests of the government as an employer against the free speech interests of their employees. But this seemingly simple... |
2023 |
| Kathryn M. Capizzi |
THE HAZY EMPLOYMENT PROTECTIONS FOR MEDICAL MARIJUANA USERS IN THE PENNSYLVANIA MEDICAL MARIJUANA ACT |
26 University of Pennsylvania Journal of Law and Social Change 425 (2023) |
INTRODUCTION. 426 I. ROLLING IT OUT: CONTEMPORARY FEDERAL AND STATE LEGISLATION OF MEDICAL MARIJUANA. 428 A. Federal Legislative History Regulating Marijuana Use. 429 1. The Controlled Substances Act (CSA). 429 2. Food, Drug, and Cosmetics Act (FDCA). 431 3. Americans with Disabilities Act (ADA). 431 4. Supreme Court Precedent: Gonzales v.... |
2023 |
| Robert S. Mantell |
THE MISUSE OF THE BUSINESS JUDGMENT RULE IN EMPLOYMENT DISCRIMINATION CASES |
37 ABA Journal of Labor & Employment Law 53 (2023) |
Employees alleging discrimination sometimes argue that an employer's justification for an adverse action is so irrational that a jury could find such explanation to be pretext. In response to such arguments, the courts respond in a varying and highly contradictory fashion. On the one hand, some courts assert that a factfinder is free to infer that... |
2023 |
| Nicholas J. Grandpre |
THE PRIMACY OF FREE EXERCISE IN PUBLIC-EMPLOYEE RELIGIOUS SPEECH |
98 Notre Dame Law Review 1767 (May, 2023) |
Last Term, the Court decided Kennedy v. Bremerton School District. The decision, in which the Court finally overruled Lemon v. Kurtzman, elicited significant commentary. Critics chastised the Court for playing fast and loose with the facts and inviting the reintroduction of prayer in public schools--thus further eroding the separation of church and... |
2023 |
| Anshul Prakash , Deeksha Malik , Sana Sarosh , Partner, Khaitan & Co, Senior Associate, Khaitan & Co, Associate, Khaitan & Co |
TOP 10 STRATEGIES FOR EMPLOYERS IN INDIA TO MITIGATE THE RISK OF DISCRIMINATION CLAIMS |
2/14/2023 ACC Docket 1 (2/14/2023) |
Banner artwork by Hyejin Kang / shutterstock.com Indian laws have set protections for certain categories of employees against discrimination in the workplace. Employers should have or put in place redressal mechanisms to address discrimination claims and train their personnel. Employers should also ensure they have a defensible process for... |
2023 |
| Megan E. Bowling |
TURN UP THE VOLUME: THE CONNICK PICKERING TEST AS A REMEDY FOR QUIET QUITTING AND THE COVID-19 PANDEMIC'S IMPACT ON CRITICAL PRIVATE EMPLOYMENT ISSUES |
92 University of Cincinnati Law Review 172 (10/20/2023) |
In the twentieth century, a shift in American jurisprudence led to the formation of regulations and structures that benefit and protect the American workforce. For those working in the public sector, a line of Supreme Court cases laid a foundation defining their speech protections. Though these cases impacted private sector speech protections, they... |
2023 |
| Chacity C. Simmons |
WHY HE DIDN'T GET THE JOB: THE EVOLUTION OF EMPLOYMENT POLICY ISSUES AFFECTING INDIVIDUALS WITH CRIMINAL RECORDS |
50 Southern University Law Review 85 (Spring, 2023) |
This article will address developments--some recent and some not so recent-- which have helped protect African Americans in connection with their efforts to obtain employment. Specifically, this article will include a focus on some of those developments related to individuals seeking employment who have had interactions with a criminal justice... |
2023 |
| Alicia Jessop, Esq. |
WINNING INCENTIVES: PROPOSED AMENDMENTS TO TITLE VII OF THE CIVIL RIGHTS ACT AND EQUAL EMPLOYMENT OPPORTUNITY ACT TO FOSTER DIVERSE WORKPLACE HIRING AND PROMOTION |
91 UMKC Law Review 775 (Summer, 2023) |
When it comes to workplace discrimination, the American sport industry presents a unique dichotomy. The racial and gender imbalances found in the make-up of professional teams' rosters versus their C-suites depict the hiring and promotion disparities persistent in the American workplace. Yet, because of its widespread visibility and rare ability to... |
2023 |
| Sarah A. Schade |
"THE STAKES OF EMPLOYMENT:" THE IMPORTANCE OF AMENDING THE ELLIOTT-LARSEN CIVIL RIGHTS ACT TO INCLUDE INDEPENDENT CONTRACTORS |
67 Wayne Law Review 601 (Spring, 2022) |
I. Introduction. 602 II. Background. 605 A. Classification of Workers as Employees or Independent Contractors. 605 1. Classification Tests. 606 a. Common Law Control Test. 606 b. Economic Realities Test. 607 c. Hybrid Test. 608 d. ABC Test. 608 2. The Problem of Misclassification. 609 3. Difficulties in Classification in the Gig Economy. 610 B.... |
2022 |
| Sebastian O. Ross |
A "HISTORIC WESTSIDE" STORY: LAS VEGAS BLACK HISTORY, GAMING POLICY EFFECTS ON BLACK EMPLOYMENT, AND GAMING COMPANIES LEAVING MONEY ON THE TABLE |
12 UNLV Gaming Law Journal 287 (Spring, 2022) |
Imagine yourself as a pop-cultural music icon, with generational talent propelling you into a social class in which many others from your background could not imagine themselves in. Your talent commands societal influence over entertainment, politics, and culture. Ultimately, your intangibles and hard work land you a contract performing on the Las... |
2022 |
| Gali Racabi |
ABOLISH THE EMPLOYER PREROGATIVE, UNLEASH WORK LAW |
43 Berkeley Journal of Employment and Labor Law 79 (2022) |
Employers are sovereigns in their workplace. While market power disparities, enforcement gaps, and the dwindling influence of the U.S. labor movement seem to guarantee that, it is the law that anoints employers as kings. Indeed, the employer prerogative stands as the default governing rule in the workplace: all workplace decisions fall within the... |
2022 |
| Christian Webber |
AIDING EMPLOYMENT AND THE ENVIRONMENT ON TRIBAL LANDS: AN ANALYSIS OF HIRING PREFERENCES AND THEIR USE IN THE MINING INDUSTRY |
12 Arizona Journal of Environmental Law & Policy 298 (Summer, 2022) |
This Note analyzes hiring preferences on tribal lands in the mining industry within the United States and particularly in the State of Arizona, which has a relatively high number of both mines and federally recognized tribes. Arizona has its own robust history and case law on hiring preferences in the mining industry for tribal members. This Note... |
2022 |
| Anne Marie Lofaso , Ashley M. Stephens |
ALTERNATIVES TO MAINSTREAM ALTERNATIVE DISPUTE RESOLUTION: ELIMINATING FORCED ARBITRATION AGREEMENTS AS A CONDITION OF EMPLOYMENT |
2022 Utah Law Review 1015 (2022) |
Today, many employers require their employees, as a condition of employment, to agree to arbitrate employment-related legal claims rather than pursue them in court. While arbitration can be mutually beneficial, allowing parties to avoid the cost, time, publicity, and unpredictability associated with traditional litigation, mandatory arbitration... |
2022 |
| James W. Moeller |
ARE EXPERIENCE RANGES IN JOB ADVERTISEMENTS UNLAWFUL UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT? |
27 Texas Journal on Civil Liberties & Civil Rights 217 (Spring, 2022) |
HELP WANTED. Litigation attorney. 3-6 years experience. Apply within. Introduction. 218 I. Age Discrimination In Employment Act. 219 A. Statute. 219 B. ADEA And Title VII. 226 C. ADEA Regulations. 229 II. Employment Discrimination Litigation. 231 A. Workplace Discrimination Under Title VII. 231 B. Workplace Discrimination Under The ADEA. 236 C.... |
2022 |
| Hunter Baehren |
BLACKLISTING ALLOWED? WHETHER THE FALSE CLAIMS ACT PROTECTS FORMER EMPLOYEES FROM RETALIATION |
56 Columbia Journal of Law and Social Problems 91 (Fall, 2022) |
Employers commonly blacklist whistleblowers. Despite its frequency, blacklisting remains unaddressed in many federal whistleblower statutes. These statutes typically contain antiretaliation provisions protecting employees, but since victims of blacklisting are former employees, protection under federal law is uncertain. In Robinson v. Shell Oil... |
2022 |
| Michael Conklin , Jennifer Barger-Johnson , Marty Ludlum |
BRIAN FLORES'S EMPLOYMENT DISCRIMINATION LAWSUIT AGAINST THE NFL: A GAME CHANGER OR BUSINESS AS USUAL? |
29 Jeffrey S. Moorad Sports Law Journal 299 (2022) |
If you can change America's game, you can change America. And the most visible job in America in terms of hiring is the head coaches of the National Football League. -Cyrus Mehri On February 1, 2022, Brian Flores filed an employment discrimination lawsuit against the Miami Dolphins (Dolphins), New York Giants (Giants), and National Football... |
2022 |
| Charles L. Baum II, Ph.D. |
CALCULATING ECONOMIC LOSSES FROM LOST EARNINGS IN EMPLOYMENT TERMINATION CASES IN THE NINTH CIRCUIT |
65-JUL Advocate 32 (June/July, 2022) |
The United States Supreme Court during its 2019-2020 term reviewed several employment termination cases to determine whether the Civil Rights Act protects workers based on sexual orientation and gender identity. The Supreme Court determined (in Bostock v. Clayton Cty., Ga., No. 17-1618 (June 16, 2020)) that protections extend to these workers. This... |
2022 |
| Henry Voysey |
CAN POLITICAL ACTIVISM AND "AT-WILL" EMPLOYMENT COEXIST?: AN EXAMINATION OF POLITICAL RIGHTS IN THE PRIVATE SECTOR OF THE WORKFORCE |
90 UMKC Law Review 965 (Summer, 2022) |
Put yourself in the position of professional sportswriter Bart Hubboch. In the winter of 2017, Hubboch shared his belief that the election of Donald Trump would be catastrophic to America with millions of other people via social media. By all accounts, Hubboch was genuinely fearful; so much so that when Trump was elected, he lost sleep and later... |
2022 |
| Ross D. Vickers |
CLASS EXPANSION DEMANDS EMPLOYER ACTION: REDUCING LIABILITY FOR SEXUAL ORIENTATION AND GENDER IDENTITY DISCRIMINATION |
41 No. 1 Trial Advocate (FDLA) 33 (February, 2022) |
EDITOR'S NOTE: Workplace protection against discrimination based on sex has been interpreted to include discrimination based on sexual orientation as well as gender identity. This article provides a concise overview of the state of the law and some specific suggestions for employers and their counsel. Recent jurisprudence has expanded the class of... |
2022 |
| Kevin Rudolph |
COMPARATIVE DISABILITY POLICY IN EMPLOYMENT |
36 Emory International Law Review 833 (2022) |
For individuals living with disabilities, the ability to obtain employment can be challenging. But often it is not the disability itself that causes the challenge, but employers and society's prejudices. While national legislation both in the United States and abroad have attempted to dispel this prejudice through anti-discrimination programs,... |
2022 |
| William R. Corbett |
CROSS-STATUTE EMPLOYMENT DISCRIMINATION CLAIMS AND THE NEED FOR A "SUPER STATUTE" |
99 Washington University Law Review 1773 (2022) |
C1-2Table of Contents Introduction. 1774 I. Asymmetry Six Decades in the Making. 1778 A. Asymmetry Regarding Remedies. 1780 B. Asymmetry Regarding Causation Standards. 1783 C. Should Asymmetry Be a Cause for Concern?. 1785 II. Problems in Cross-Statute Claims Created by Asymmetrical Employment Discrimination law. 1786 A. Comcast and Title... |
2022 |
| Kevin Brown, Lalit Khandare, Annapurna Waughray, Kenneth Dau-Schmidt, Theodore M. Shaw |
DOES U.S. FEDERAL EMPLOYMENT LAW NOW COVER CASTE DISCRIMINATION BASED ON UNTOUCHABILITY?: IF ALL ELSE FAILS THERE IS THE POSSIBLE APPLICATION OF BOSTOCK v. CLAYTON COUNTY |
46 New York University Review of Law and Social Change 117 (2022) |
This article discusses the issue of whether a victim of caste discrimination based on untouchability can assert a claim of intentional employment discrimination under Title VII or Section 1981. This article contends that there are legitimate arguments that this form of discrimination is a form of religious discrimination under Title VII. The... |
2022 |
| Jessica Block |
EMPLOYMENT LAW: ARE THERE STILL LOSERS' RULES? |
103 Massachusetts Law Review 78 (August, 2022) |
In 2012, after 17 years as a federal district court judge, Hon. Nancy Gertner (ret.) wrote an article titled, Losers' Rules. In the article, she lamented asymmetric decisionmaking in the area of employment discrimination law. In her view, judges are encouraged to write detailed decisions when granting summary judgment and not to write when... |
2022 |
| Christina Redmann |
EMPLOYMENT LAW--ANTIDISCRIMINATION--FALLING INTO THE LEGAL VOID: HOW ARKANSAS CAN PROTECT UNPAID INTERNS FROM DISCRIMINATION AND HARASSMENT |
44 University of Arkansas at Little Rock Law Review 531 (Spring, 2022) |
Annie is a junior at a university in Arkansas. During the summer, Annie takes an internship with a private company. Unfortunately for Annie, the internship is unpaid, but it will look good on her resume once she finishes college. A few weeks after starting her internship, one of the employees at the company begins making crude sexual comments to... |
2022 |
| Margaret R. Austen |
EMPLOYMENT LAW--INTERSECTING IDENTITIES & IDEOLOGIES, NONDISCRIMINATION, AND THE FIRST AMENDMENT MINISTERIAL EXCEPTION DEFENSE-- DEWEESE-BOYD v. GORDON COLLEGE, 163 N.E.3D 1000 (MASS. 2021) |
27 Suffolk Journal of Trial and Appellate Advocacy 181 (2021-2022) |
When fundamental legal principles such as religious freedom and discrimination intersect, a great tension emerges. The ministerial exemption--an affirmative defense under the First Amendment--sits at this intersection, barring employment discrimination claims against religious institutions by their ministerial employees. In DeWeese-Boyd v. Gordon... |
2022 |
| Joshua R. Woodard , Jennifer R. Yee |
FEDERAL EQUAL EMPLOYMENT OPPORTUNITY LAW |
58-JAN Arizona Attorney 50 (January, 2022) |
Despite being the second full year of the pandemic, 2021 brought several federal court decisions that were instructive to employment law practitioners. Some decisions were victories for employers, and others were victories for employees. Regardless of the outcome, all the opinions continue to shape the landscape of federal EEO jurisprudence. Below... |
2022 |
| Logan B. Fontenot |
FEDERATIE NEDERLANDSE VAKBEWEGING v. UBER B.V.; THE COURT OF AMSTERDAM INTRODUCES THE "MODERN EMPLOYMENT RELATIONSHIP" |
30 Tulane Journal of International and Comparative Law 433 (Summer, 2022) |
I. Overview. 433 II. Background. 435 III. The Court's Decision. 441 IV. Analysis. 444 V. Conclusion. 447 |
2022 |
| Brett H. McDonnell , Matthew T. Bodie |
FROM MANDATES TO GOVERNANCE: RESTRUCTURING THE EMPLOYMENT RELATIONSHIP |
81 Maryland Law Review 887 (2022) |
The law imposes a dizzying array of responsibilities on employers with respect to their employees. Meant to advance a wide array of workplace policies, these demands have saddled employment with the burden of numerous social goals. The employment ecosystem has increasingly come under strain as companies seek to shed employment relationships and... |
2022 |
| Patrice Ruane |
FROM PIN MONEY WORKERS TO ESSENTIAL WORKERS: LESSONS ABOUT WOMEN'S EMPLOYMENT AND THE COVID-19 PANDEMIC FROM THE GREAT DEPRESSION AND THE GREAT RECESSION |
29 UCLA Journal of Gender & Law 335 (Summer, 2022) |
C1-2Table of Contents Introduction. 336 I. The Great Depression. 342 A. Characteristics of the Women's Workforce Before the Great Depression. 343 1. The Image of Working Women. 344 2. Wage and Hour Legislation for Women Before the Great Depression. 348 B. The Employment Landscape During the Great Depression. 354 C. Federal Policy Responses. 357 1.... |
2022 |
| Max Londberg |
HIRING CRITERIA AND TITLE VII: HOW ONE MANIFESTATION OF EMPLOYER BIAS EVADES JUDICIAL SCRUTINY |
91 University of Cincinnati Law Review 516 (2022) |
Writing in 1988, feminist and critical race scholar Kimberlé Williams Crenshaw described the Civil Rights Act of 1964 (commonly known as Title VII) as contributing to the removal of most formal barriers and symbolic manifestations of subordination. But the Act and other reforms ultimately fell short, for a challenge to the legitimacy of... |
2022 |