Steven F. Biskup TRENDS IN SECTION 1981 EMPLOYMENT DISCRIMINATION LAW 8 ACCA Docket 20 (Spring, 1990) IN A CRITICALLY IMPORTANT DECISION FOR EMPLOYERS, the U.S. Supreme Court, in Patterson v. McLean Credit Union (June 15, 1989), ended over a decade of nearly unchecked expansion of plaintiffs' rights and remedies under 42 U.S.C. 1981 (one of the post-Civil War reconstruction laws of 1866 designed to provide relief to victims of racial... 1990
Adam M. Mycyk UNITED STATES FAIR EMPLOYMENT LAW IN THE TRANSNATIONAL EMPLOYMENT ARENA: THE CASE FOR THE EXTRATERRITORIAL APPLICATION OF TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 39 Catholic University Law Review 1109 (Summer, 1990) With the steady expansion of United States corporate operations abroad in recent years has come a concomitant export of one of America's primary resources, its labor force. The increasing presence of United States employers on foreign soil raises questions regarding such employers' amenability to United States labor laws. In particular, the... 1990
Mack A. Player WHAT HATH PATTERSON WROUGHT? A STUDY IN THE FAILURE TO UNDERSTAND THE EMPLOYMENT CONTRACT 6 Labor Lawyer 183 (Winter, 1990) One portion of the broad and sweeping civil rights legislation enacted in 1866, now codified at 42 U.S.C. § 1981, provides: All persons . shall have the same right . to make and enforce contracts . as is enjoyed by white citizens. For 100 years it was assumed that this section, as other similar sections in the same Act, was directed at state or... 1990
Lucien A. Moolenaar III BOURESLAN v. ARAMCO: EQUAL EMPLOYMENT OPPORTUNITY FOR U.S. CITIZENS ABROAD 12 Fordham International Law Journal 564 (Spring, 1989) Congress enacted title VII of the Civil Rights Act of 1964 (Title VII) to remedy racial, religious, sex, and ethnic discrimination in employment. Although Title VII does not affirmatively state the geographical limits of its application, courts have construed it to protect all U.S. citizens from discrimination by U.S. companies regardless of the... 1989
William D. Tucker CIVIL RIGHTS-EMPLOYMENT DISCRIMINATION-DISPARATE IMPACT ANALYSIS MAY BE APPLIED IN TITLE VII EMPLOYMENT DISCRIMINATION SUIT TO REVIEW HIRING OR PROMOTION DECISIONS BASED ON SUBJECTIVE CRITERIA-WATSON v. FORT WORTH BANK & TRUST, 108 S.CT. 2777 (1988). 19 Cumberland Law Review 631 (1988/1989) In Watson v. Fort Worth Bank & Trust, petitioner Clara Watson, a black woman, filed suit against her former employer, Fort Worth Bank & Trust. Over the course of a year, Watson, who had been with the Bank for seven years, applied and was turned down for four promotions. Watson attacked the Bank's practice of basing promotion decisions on the... 1989
Jeffery A. Lacy CIVIL RIGHTS--RACIAL HARASSMENT--42 U.S.C. § 1981 DOES NOT PROVIDE A REMEDY FOR RACIAL HARASSMENT DURING EMPLOYMENT 21 St. Mary's Law Journal 511 (1989) In 1982, Brenda Patterson, a black woman, was laid off from her job as a teller and file coordinator for McLean Credit Union. She had been employed for ten years under a contract in which she could be terminated at will by her employer. Following her discharge, Patterson filed suit in the United States District Court for the Middle District of... 1989
J. Hoult Verkerke COMPENSATING VICTIMS OF PREFERENTIAL EMPLOYMENT DISCRIMINATION REMEDIES 98 Yale Law Journal 1479 (May, 1989) One of the most divisive debates in antidiscrimination law concerns the use of racial and gender preferences to remedy the effects of employment discrimination. In cases involving preferential remedies, the Supreme Court has srtuggled to balance the remedial interests of minorities and women against the employment expectations of dispreferred... 1989
Cathy Scarborough CONCEPTUALIZING BLACK WOMEN'S EMPLOYMENT EXPERIENCES 98 Yale Law Journal 1457 (May, 1989) For me to think about racism and sexism meant I had to pull myself together and look at myself as one person under a law that separates me into my woman being and into my Black being. Kimberlé Crenshaw Black women in America have always been workersas slaves, farmers, domestics, skilled and unskilled laborers, and even, in small numbers, as... 1989
Gary D. Sanders DISPARATE IMPACT ANALYSIS MAY BE APPLIED TO PROVE RACIAL DISCRIMINATION IN SUBJECTIVE EMPLOYMENT DECISIONS: WATSON v. FORT WORTH BANK & TRUST, _ U.S._, 108 S. Ct. 2777, 101 L. ED. 2D 827 (1988) 20 Texas Tech Law Review 1381 (1989) Clara Watson, a black female, was hired by Fort Worth Bank and Trust (the Bank) as a proof operator in August 1973. In January 1976 the Bank promoted her to bank teller in its motor bank facility. In February 1980 Watson applied for the position of supervisor in charge of the tellers in the main lobby. However, a white male was selected for the... 1989
Robert Keith Shikiar EMPLOYMENT DISCRIMINATION 57 George Washington Law Review 1168 (May, 1989) Title VII of the Civil Rights Act of 1964 prohibits an employer from discriminat ing against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin. The Act further provides that it is an unlawful employment practice for an... 1989
Charles Stephen Ralston, Paul D. Kamenar, William Bradford Reynolds, Gail Wright-Sirmans EMPLOYMENT DISCRIMINATION 6 Touro Law Review 55 (Fall, 1989) Judge Leon Lazer: We are going to commence with the equal rights program, which is really the centerpiece of this conference. As you know, the Director-Counsel of the NAACP Legal Defense and Educational Fund was to be one of our featured participants but, unfortunately, for personal reasons, Julius Chambers has found it necessary to go to North... 1989
David Benjamin Oppenheimer, Margaret M. Baumgartner , Clinical Assistant Professor of Law, University of San Francisco; J.D., Harvard Law School (1978); B.A., University Without Walls/Berkeley (1972) EMPLOYMENT DISCRIMINATION AND WRONGFUL DISCHARGE: DOES THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT DISPLACE COMMON LAW REMEDIES? 23 University of San Francisco Law Review 145 (Winter, 1989) IN 1959, THE CALIFORNIA Legislature enacted the Fair Employment Practices Act (FEPA). The FEPA broadly prohibited employment discrimination based on race, religion, and ethnicity. The Fair Employment Practices Commission was created to receive, investigate, and conciliate charges of discrimination falling within the FEPA's jurisdiction. In the... 1989
Kenneth P. Thom EMPLOYMENT DISCRIMINATION UNDER THE ELLIOTT-LARSEN CIVIL RIGHTS ACT: THE STATE OF THE STATUTE 1989 Detroit College of Law Review 1235 (Fall, 1989) Introduction I. Historical Background A. The Fair Employment Practices Act B. Legislative History of the Statute C. Brief Overview of Tests Used in Elliott-Larsen Discrimination Claims II. A Survey of Michigan State Court Elliott-Larsen Employment Discrimination Cases A. Age B. Sex 1. Gender based 2. Harassment C. Race D. Other III. A Survey of... 1989
Karen T. Poulton EMPLOYMENT DISCRIMINATION: SUBJECTIVE EMPLOYMENT PRACTICES UNDER THE DISPARATE IMPACT THEORY: MERGING EVIDENTIARY STANDARDS? (WATSON v. FORT WORTH BANK & TRUST, 108 S. CT. 2777 (1988)) 28 Washburn Law Journal 456 (Spring, 1989) In Watson v. Fort Worth Bank & Trust, the United States Supreme Court holds that disparate impact analysis applies to Title VII discrimination cases which address subjective employment practices that may in operation be functionally equivalent to intentional discrimination. Additionally, a plurality of the Court provides evidentiary standards for... 1989
Linda M. Mealey ENGLISH-ONLY RULES AND "INNOCENT" EMPLOYERS: CLARIFYING NATIONAL ORIGIN DISCRIMINATION AND DISPARATE IMPACT THEORY UNDER TITLE VII 74 Minnesota Law Review 387 (December, 1989) Recently an increasing number of employers have adopted English-only rules that restrict employees' use of languages other than English in the workplace. Many states also have declared English the official language of the state. Although employers advance English-only rules as necessary for business purposes and legislators promote... 1989
N. Morrison Torrey INDIRECT DISCRIMINATION UNDER TITLE VII: EXPANDING MALE STANDING TO SUE FOR INJURIES RECEIVED AS A RESULT OF EMPLOYER DISCRIMINATION AGAINST FEMALES 64 Washington Law Review 365 (April, 1989) Historically, both men and women have had the right to seek redress under Title VII of the Civil Rights Act of 1964 for injuries they have received as a result of sex discrimination. In recent years, the federal circuits have split on whether to give men standing in one particular category of such cases: employment discrimination cases... 1989
Robin Olinger Bell JUSTICE ANTHONY M. KENNEDY: WILL HIS APPOINTMENT TO THE UNITED STATES SUPREME COURT HAVE AN IMPACT ON EMPLOYMENT DISCRIMINATION? 57 University of Cincinnati Law Review 1037 (1989) On June 26, 1986, Justice Lewis Powell announced his retirement from the United States Supreme Court. Justice Powell had been named to the Court by President Richard Nixon in 1972, and for more than fifteen years, had sought to strike a balance between the conflicting interests of the Court's liberal and conservative wings. Political and legal... 1989
Kathleen K. Ross PRISONERS AS EMPLOYEES UNDER TITLE VII: BAKER V. MCNEIL ISLAND CORRECTIONS CENTER 31 Boston College Law Review 203 (December, 1989) Title VII of the Civil Rights Act of 1964 prohibits discrimination in the workplace, including apprenticeships and training programs, based on race, color, religion, sex or national origin. In order for Title VII protections to apply, however, a plaintiff must show that he or she was involved in an employment relationship. Courts generally... 1989
Niall A. Paul REDUCTION IN FORCE EARLY RETIREMENT INCENTIVES AND THE AGE DISCRIMINATION IN EMPLOYMENT ACT 1989 Detroit College of Law Review 987 (Fall, 1989) Hypo Inc. recently offered all blacks in its employ an opportunity to quit their jobs and take severance pay of $15,000.00. Every African-American was told that the company had come on hard times and that Hypo Inc. needed a reduction in its work force. The selected employees were told that they were given this option because they were non-essential... 1989
Mark S. Brodin REFLECTIONS ON THE SUPREME COURT'S 1988 TERM: THE EMPLOYMENT DISCRIMINATION DECISIONS AND THE ABANDONMENT OF THE SECOND RECONSTRUCTION 31 Boston College Law Review 1 (December, 1989) July 2, 1989, was the 25th anniversary of the enactment of the Civil Rights Act of 1964, passed in the wake of the assassination of President John F. Kennedy. Congress designed Title VII of that landmark legislation to eliminate discrimination from the American workplace, and it placed the considerable power of federal law and the federal courts... 1989
William P. Murphy , Henry Brandis, Professor of Law, University of North Carolina, Chapel Hill, North Carolina SUPREME COURT REVIEW 5 Labor Lawyer 679 (Fall, 1989) The years 1865-71 saw the adoption of three constitutional amendments and four civil rights statutes, all for the purpose of eliminating slavery and its vestiges from American life. But after the end of Reconstruction in 1877 the President and the Congress abandoned the commitment to racial equality, and the Supreme Court signaled full retreat with... 1989
Joseph J. Allotta , Allotta and Farley Co., Toledo, Ohio, Larry O. Farley Allotta and Farley Co., Toledo, Ohio THE APPROPRIATE TEST IN DETERMINING UNION LIABILITY IN EMPLOYMENT DISCRIMINATION CASES 5 Labor Lawyer 27 (Winter, 1989) This paper is a brief exploration of the issue of union liability for its inaction in the face of employer discrimination, particularly in light of the recent Supreme Court case of Goodman v. Lukens Steel Company. While the majority in Goodman failed to reach this issue, a strong dissent found that a union cannot be held vicariously liable.... 1989
Mary C. Manemann THE MEANING OF 'SEX' IN TITLE VII: IS FAVORING AN EMPLOYEE LOVER A VIOLATION OF THE ACT? 83 Northwestern University Law Review 612 (Spring, 1989) Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex or national origin. That simple prohibition has been interpreted to yield very different... 1989
Ellen N. Derrig TITLE VII-THE DOCTRINE OF LACHES AS A DEFENSE TO PRIVATE PLAINTIFF TITLE VII EMPLOYMENT DISCRIMINATION CLAIMS 11 Western New England Law Review 235 (1989) Congress enacted Title VII of the Civil Rights Act of 1964 to eliminate employment discrimination based on race, color, religion, sex, and national origin. To accomplish these goals, Congress created the United States Equal Employment Opportunity Commission (EEOC) to investigate charges of unlawful employment practices and to bring about voluntary... 1989
David L. Rose TWENTY-FIVE YEARS LATER: WHERE DO WE STAND ON EQUAL EMPLOYMENT OPPORTUNITY LAW ENFORCEMENT? 42 Vanderbilt Law Review 1121 (May, 1989) I. INTRODUCTION. 1122 II. HOPES AND ASPIRATIONS: THE HISTORICAL CONTEXT, LEGISLATIVE HISTORY, AND CONVENTIONAL WISDOM. 1124 A. The Situation in 1964. 1124 B. The Goals of the Civil Rights Act. 1128 C. Modest Expectations for Title VII in 1964. 1133 III. ENFORCEMENT OF FEDERAL EQUAL EMPLOYMENT OPPORTUNITY LAW. 1135 A. The Early Years (1965-1969).... 1989
Merrill D. Feldstein WATSON V. FORT WORTH BANK & TRUST: REALLOCATING THE BURDENS OF PROOF IN EMPLOYMENT DISCRIMINATION LITIGATION 38 American University Law Review 919 (April 1, 1989) Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating on the basis of race, color, religion, sex, or national origin. While Congress has set forth the basic principles against employment discrimination, the Supreme Court has developed the method by which such claims against employers are litigated and proved. Courts have... 1989
Thomas K. Bond, Todd J. Sanders WATSON v. FORT WORTH BANK & TRUST: THE SUPREME COURT AND EMPLOYMENT DISCRIMINATION: DISPARATE VIEWS ON DISPARATE IMPACT 40 Mercer Law Review 1025 (Spring, 1989) In Watson v. Fort Worth Bank & Trust the Supreme Court addressed a previously unresolved issue in the area of employment discrimination. Before Watson, courts usually applied the disparate impact analysis in cases involving such objective employment criteria as standardized tests or educational requirements, but the circuit courts disagreed on the... 1989
Arthur S. Leonard A NEW COMMON LAW OF EMPLOYMENT TERMINATION 66 North Carolina Law Review 631 (April, 1988) I. INTRODUCTION. 632 II. HOW THE CURRENT SITUATION AROSE. 640 A. From Adoption of the Common-Law Presumption to the Beginning of the Modern Turmoil. 640 B. The Common-Law Exceptions of Recent Years. 647 1. The Implied Contract Exceptions: Enforcing Assurances of Job Security. 649 2. The Implied Contract Exceptions: Good Faith and Fair Dealing. 653... 1988
Joel L. Selig AFFIRMATIVE ACTION IN EMPLOYMENT: THE LEGACY OF A SUPREME COURT MAJORITY 63 Indiana Law Journal 301 (Spring, 1987/1988) In the first fifteen years after the enactment of Title VII of the 1964 Civil Rights Act, the legality and the utility of remedial employment quotas were widely recognized by the lower federal courts. Numerical goals and timetables for the employment of minority groups appeared in various forms: they were included in court orders to remedy... 1988
Robert Belton CAUSATION IN EMPLOYMENT DISCRIMINATION LAW 34 Wayne Law Review 1235 (Spring, 1988) C1-3Table of Contents I. INTRODUCTION. 1236 II. CAUSATION IN LEGAL THEORY: A BRIEF OVERVIEW. 1244 III. DOCTRINAL DEVELOPMENTS: THE CONFLICT OF CAUSAL ANALYSIS IN EMPLOYMENT DISCRIMINATION LAW. 1252 A. Statutory and Analytic Schemes. 1252 B. Supreme Court Decisions on Causation. 1258 1. The But For Test. 1259 2. The Mt. Healthy Same Decision... 1988
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