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The Need For A Revitalized Regulatory Scheme To Address Workplace Bullying In The United States: Harnessing The Federal Occupational Safety And Health Act., Susan Harthill
Susan Harthill
This paper explores the potential for harnessing the OSH Act and the OSHA regulatory apparatus to tackle the widespread problem of workplace bullying. Workplace bullying is a phenomenon that has attracted a considerable amount of domestic and international inter-disciplinary attention. It can be described as psychological or emotional abuse occurring regularly, repeatedly, and over a period of time. Common types of overt behavior include constant criticism, shouting and verbal abuse, persistently picking on the victim, and repeatedly assigning unreasonable or impossible targets or deadlines. In an earlier article, I explained how the experience of the United Kingdom in combating workplace …
Women's Employment Rights In China: Creating Harmony For Women In The Workplace, Jamie Burnett
Women's Employment Rights In China: Creating Harmony For Women In The Workplace, Jamie Burnett
Indiana Journal of Global Legal Studies
This Note explores the global problem of gender-based labor inequality as exemplified in China. China's historic and cultural framework, the efforts the Chinese government has made to coordinate with the global community on women's rights initiatives, and recent legislation passed at both national and local levels in China provide an interesting case study for countries facing gender inequality in the workplace. The items of legislation, though sometimes drafted using international treaties as a framework, contain unique provisions that provide protections for Chinese women that are not seen elsewhere in the world. Additionally, the Chinese government's current political goal of achieving …
Discrimination Outside Of The Office: Where To Draw The Walls Of The Workplace For A "Hostile Work Environment" Claim Under Title Vii, Douglas R. Garmager
Discrimination Outside Of The Office: Where To Draw The Walls Of The Workplace For A "Hostile Work Environment" Claim Under Title Vii, Douglas R. Garmager
Chicago-Kent Law Review
Title VII of the Civil Rights Act of 1964 makes it "an unlawful employment practice for an employer . . . to discriminate against any individual" on the basis of sex. Accordingly, in Meritor Savings Bank, FSB v. Vinson, the Supreme Court recognized that sex discrimination in employment can give rise to a hostile work environment claim under Title VII. The scope of a hostile work environment claim has not been interpreted uniformly by the lower courts, however, as a circuit split exists today over whether conduct occurring outside the workplace is relevant to a hostile work environment claim. …
Respecting Working Mothers With Infant Children: The Need For Increased Federal Intervention To Develop, Protect, And Support A Breastfeeding Culture In The United States, Heather M. Kolinsky
Respecting Working Mothers With Infant Children: The Need For Increased Federal Intervention To Develop, Protect, And Support A Breastfeeding Culture In The United States, Heather M. Kolinsky
Faculty Scholarship
The author argues that the benefits of breastfeeding are overwhelming and that more needs to be done to ensure that all women have a viable option to continue breastfeeding upon returning to work, particularly the working poor and minorities. Those least likely to breastfeed are more likely to be part of an at risk population in terms of health. Most significantly, the lack of a cohesive policy in the workplace has had a disparate impact on the most vulnerable populations of breastfeeding mothers and their children. The lack of federal protection and a patchwork of protection in the states have …
Should Employees Have To Choose Between Enduring Pain And Keeping Their Jobs?, Reka Bala
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
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 …
Respecting Working Mothers With Infant Children: The Need For Increased Federal Intervention To Develop, Protect And Support A Breastfeeding Culture In The United States, Heather M. Kolinsky
Respecting Working Mothers With Infant Children: The Need For Increased Federal Intervention To Develop, Protect And Support A Breastfeeding Culture In The United States, Heather M. Kolinsky
Scholarly Articles
The author argues that the benefits of breastfeeding are overwhelming and that more needs to be done to ensure that all women have a viable option to continue breastfeeding upon returning to work, particularly the working poor and minorities. Those least likely to breastfeed are more likely to be part of an at risk population in terms of health. Most significantly, the lack of a cohesive policy in the workplace has had a disparate impact on the most vulnerable populations of breastfeeding mothers and their children. The lack of federal protection and a patchwork of protection in the states have …
Preparing The Workplace For Transition: A Solution To Employment Discrimination Based On Gender Identity, Brittany Ems
Preparing The Workplace For Transition: A Solution To Employment Discrimination Based On Gender Identity, Brittany Ems
Saint Louis University Law Journal
No abstract provided.
Fallout From 14 Penn Plaza V. Pyett: Fractured Arbitration Systems In The Unionized Workplace, Ann C. Hodges
Fallout From 14 Penn Plaza V. Pyett: Fractured Arbitration Systems In The Unionized Workplace, Ann C. Hodges
Journal of Dispute Resolution
First, the article will review the history of arbitration of statutory employment claims, including the Pyett decision. Second, the article will look at the history and causes of legalism in arbitration. Then the article will consider the probable responses of employers and unions to Pyett. While predictions are necessarily speculative, it is likely that some unionized employers will seek to require employees to arbitrate statutory claims, perhaps in higher percentages than in the nonunion workplace. While unions may, and perhaps should, resist, many future collective bargaining agreements (CBAs) may contain such provisions. The article then discusses the alternative dispute resolution …