Digital Commons Network^™

Respecting Language As Part Of Ethnicity: Title Vii And Language Discrimination At Work, Carlo A. Pedrioli

Carlo A. Pedrioli

This article argues that, in the absence of a legitimate, non-discriminatory reason or a business necessity, Title VII of the 1964 Civil Rights Act can protect employees from language-based discrimination in the workplace. Language is a part of one’s ethnicity, which refers to one’s culture. Ethnicity, much as race already does, should receive protection under Title VII. Plaintiffs, however, have the burden of proof in litigation, and so a plaintiff who sues under a discrimination theory should have to make his or her case to the appropriate fact-finder.

Drawing upon the insights of critical theory, particularly to explore concepts like …

Should Employees Have To Choose Between Enduring Pain And Keeping Their Jobs?, Reka Bala

Reka Bala

For patients in constant pain, medical marijuana is often the only substance that offers complete relief. Yet these individuals and their employers are still at risk of job-related concerns as cannabis legislation consistently neglects employment issues. In a controversial 2008 decision, Ross v. RagingWire Telecommunications, Inc. forced California cannabis patients to cruelly decide between alleviating pain and staying employed. This Note argues that Ross contradicts legislative intent and violates state and federal law, all of which call for broader rights to medical marijuana users. It also recommends changing California law or designing a judicial remedy to better protect patients from …

Should Employees Have To Choose Between Enduring Pain And Keeping Their Jobs?, Reka Bala

Reka Bala

For patients in constant pain, medical marijuana is often the only substance that offers complete relief. Yet these individuals and their employers are still at risk of job-related concerns as cannabis legislation consistently neglects employment issues. In a controversial 2008 decision, Ross v. RagingWire Telecommunications, Inc. forced California cannabis patients to cruelly decide between alleviating pain and staying employed. This Note argues that Ross contradicts legislative intent and violates state and federal law, all of which call for broader rights to medical marijuana users. It also recommends changing California law or designing a judicial remedy to better protect patients from …

English Only At Work, Por Favor, Natalie Prescott

Natalie Prescott

Whether or not employees can be required to speak only English at work is a very delicate question. This issue has caused considerable disagreement among courts and legal scholars and gained greater prominence in 2006, when the Tenth Circuit Court of Appeals created a circuit split by allowing for the possibility that an English-only rule may violate Title VII. Some scholars have attempted to address the legality of an English-only rule, mostly arguing that the rule violates Title VII. This Article, however, explains why Title VII does not apply to an English-only rule. The Article addresses a wide range of …