Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Americans with Disabilities Act of 1990 (4)
- Employment Discrimination (2)
- Handicapped Discrimination (2)
- Sex Discrimination (2)
- Sex Discrimination in Employment (2)
-
- Capacity and Disability (1)
- Civil Rights Act of 1964 (42 U.S.C. 2000e) (1)
- Class Action Lawsuits (1)
- Deferred Compensation (1)
- Disabled Persons (1)
- Dismissal of Employees (1)
- Domestic Violence (1)
- Employment of Disabled Persons (1)
- Equal Protection (1)
- Executive Compensation (1)
- Gender Stereotypes (1)
- I.R.C. 409a (1)
- Internal Revenue Code (1)
- Judicial Process (1)
- Law Firms (1)
- Mothers (1)
- Part-Time Lawyers (1)
- Tax Planning (1)
- Victims of Domestic Violence (1)
- Violence in the Workplace (1)
- Women Lawyers (1)
- Wrongful Discharge (1)
Articles 1 - 6 of 6
Full-Text Articles in Entire DC Network
Disability And Employment Discrimination At The Rehnquist Court, Anita Silvers, Michael E. Waterstone, Michael Ashley Stein
Disability And Employment Discrimination At The Rehnquist Court, Anita Silvers, Michael E. Waterstone, Michael Ashley Stein
Faculty Publications
No abstract provided.
Re-Defining Superwoman: An Essay On Overcoming The "Maternal Wall" In The Legal Workplace, Nicole B. Porter
Re-Defining Superwoman: An Essay On Overcoming The "Maternal Wall" In The Legal Workplace, Nicole B. Porter
Faculty Publications
As Professor Joan Williams comments, most women never even approach the glass ceiling; they are "stopped dead, long beforehand, by the maternal wall." The maternal wall affects women with children in many aspects of their jobs, including hiring, promotions, pay, and even terminations. It is difficult for mothers to perform as ideal workers, because pregnancy, maternity leave, and the continual demands of child-rearing inevitably cause them to be absent from work. In addition, because mothers are not similarly situated to men or women without children, courts permit employers to treat them differently, which usually means they are treated more poorly. …
Emergency Preparedness And Disability, Michael E. Waterstone, Michael Ashley Stein
Emergency Preparedness And Disability, Michael E. Waterstone, Michael Ashley Stein
Faculty Publications
No abstract provided.
Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone
Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone
Faculty Publications
Following Title VII's enactment, group-based employment discrimination actions flourished due to disparate impact theory and the class action device. Courts recognized that subordination that defined a group's social identity was also sufficient legally to bind members together, even when relief had to be issued individually. Woven through these cases was a notion of panethnicity that united inherently unrelated groups into a common identity, for example, Asian Americans. Stringent judicial interpretation subsequently eroded both legal frameworks and it has become increasingly difficult to assert collective employment actions, even against discriminatory practices affecting an entire group. This deconstruction has immensely disadvantaged persons …
Deferred Compensation Reform: Taxing The Fruit Of The Tree In Its Proper Season, Eric D. Chason
Deferred Compensation Reform: Taxing The Fruit Of The Tree In Its Proper Season, Eric D. Chason
Faculty Publications
Executive pensions (or deferred compensation) grabbed headlines after Enron's collapse and fresh concerns over ever-increasing executive pay. They also grabbed the attention of Congress, which reformed executive pensions legislatively in 2004 with § 409A of the Internal Revenue Code. Section 409A merely tightens and clarifies the doctrines that had already governed executive pensions, leaving the basic economics of executive pensions unchanged. Executives can still defer taxation on current compensation until actual payment is made in the future. Deferral still comes at the same price to the employer, namely the deferral of its deduction for the compensation expense. Thus, the timing …
Victimizing The Abused?: Is Termination The Solution When Domestic Violence Comes To Work?, Nicole B. Porter
Victimizing The Abused?: Is Termination The Solution When Domestic Violence Comes To Work?, Nicole B. Porter
Faculty Publications
Domestic violence occurs in the workplace more frequently than one might presume. Workplace violence is the number one cause of death for women in the workplace in part because of domestic violence spillover, where an abuser harms his victim as well as any co-workers who try to intervene.
The conflict between domestic violence and the workplace is often exposed in its rawest state when a victim of domestic violence is considered to be a threat to the workplace by her employer.
The initial reaction of most people when hearing of [a] hypothetical [in which an employer fires a domestic violence …