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Articles 61 - 68 of 68
Full-Text Articles in Entire DC Network
Discrimination Cases (The Supreme Court And Local Government Law: The 1995-1996 Term), Eileen Kaufman
Discrimination Cases (The Supreme Court And Local Government Law: The 1995-1996 Term), Eileen Kaufman
Scholarly Works
No abstract provided.
Book Review. Turbulence!: Challenges And Opportunities In The World Of Work: Are You Prepared For The Future? By Roger E. Herman, Juliet Casper Smith
Book Review. Turbulence!: Challenges And Opportunities In The World Of Work: Are You Prepared For The Future? By Roger E. Herman, Juliet Casper Smith
Articles by Maurer Faculty
No abstract provided.
Labor Is Losing Ground In The Workplace, Kenneth Lasson
Labor Is Losing Ground In The Workplace, Kenneth Lasson
All Faculty Scholarship
No abstract provided.
Workers' Compensation And Sexual Harassment In The Workplace: A Remedy For Employees, Or A Shield For Employers?, Ruth C. Vance
Workers' Compensation And Sexual Harassment In The Workplace: A Remedy For Employees, Or A Shield For Employers?, Ruth C. Vance
Law Faculty Publications
No abstract provided.
Reinventing Reality: The Impermissible Intrusion Of After-Acquired Evidence In Title Vii Litigation, Ann C. Mcginley
Reinventing Reality: The Impermissible Intrusion Of After-Acquired Evidence In Title Vii Litigation, Ann C. Mcginley
Scholarly Works
This Article analyzes the use of after-acquired evidence to defeat a discrimination victim's claim against her employer. The use of the Mount Healthy and Price Waterhouse mixed motives analysis in after-acquired evidence cases is misplaced because it is impossible for the permissible motive—resume fraud—to have been a factor in the adverse employment decision. Furthermore, after the enactment of the Civil Rights Act of 1991, it would be an improper judicial intrusion upon the power of the legislature for courts to apply mixed motives analysis to these cases. Besides the constitutional limitation on the judiciary's power created by the Civil Rights …
Internal Dispute Resolution: The Transformation Of Civil Rights In The Workplace, John M. Lande, Lauren B. Edelman, Howard S. Erlanger
Internal Dispute Resolution: The Transformation Of Civil Rights In The Workplace, John M. Lande, Lauren B. Edelman, Howard S. Erlanger
Faculty Publications
Many employers create internal procedures for the resolution of discrimination complaints. We examine internal complaint handlers' conceptions of civil rights law and the implications of those conceptions for their approach to dispute resolution. Drawing on interview data, we find that complaint handlers tend to subsume legal rights under managerial interests. They construct civil rights law as a diffuse standard of fairness, consistent with general norms of good management. Although they seek to resolve complaints to restore smooth employment relations, they tend to recast discrimination claims as typical managerial problems. While the assimilation of law into the management realm may extend …
Test Defamation In The Workplace: False Positive Results In Detecting Lies, Aids, Or Drug Use, Elaine W. Shoben
Test Defamation In The Workplace: False Positive Results In Detecting Lies, Aids, Or Drug Use, Elaine W. Shoben
Scholarly Works
Workplace tests given to applicants or employees can be divided into two general types: (1) Tests with results that measure ability or performance on a continuous, comparative scale and (2) tests with essentially dichotomous results indicating the truth or falsity of some fact about the worker. Aptitude tests or quantified supervisorial ratings fall into the first category. They have been the subject of substantial litigation brought primarily under Title VII of the Civil Rights Act of 1964. In contrast, the second category of workplace tests has received comparatively little judicial attention. This group includes drug tests, other medical tests such …
Foreword: Health In The Workplace, Barbara Fick
Foreword: Health In The Workplace, Barbara Fick
Journal Articles
This article is a brief foreword to the 1987 Notre Dame Law Review Symposium Issue.