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Articles 31 - 60 of 212
Full-Text Articles in Entire DC Network
Arbitration Of Health And Safety Issues In The Workplace: Employees Who Refuse Work Assignments Because Of Fear Of Aids Contagion, Madelyn C. Squire
Arbitration Of Health And Safety Issues In The Workplace: Employees Who Refuse Work Assignments Because Of Fear Of Aids Contagion, Madelyn C. Squire
Maine Law Review
Horror stories concerning the abuse suffered by the AIDS victim in the workplace are plentiful. There have been numerous reports about employees who have refused to work with or touch the AIDS worker, or use the same bathroom, telephone, water fountain, or pencil. It was reported that one AIDS victim was not even allowed to use his pregnant co-worker's word processor; she claimed she had once seen him sweat on the keyboard. Paul Cronan became painfully aware that his employer of twelve years, the New England Telephone Company, had breached his privacy by divulging in large group meetings of employees …
Women In Law Leadership: Inaugural Lecture: A "Fireside Chat" With Gillian Lester 2-18-2020, Roger Williams University School Of Law, Michael M. Bowden, Andrea Hansen
Women In Law Leadership: Inaugural Lecture: A "Fireside Chat" With Gillian Lester 2-18-2020, Roger Williams University School Of Law, Michael M. Bowden, Andrea Hansen
School of Law Conferences, Lectures & Events
No abstract provided.
Mangers And Turbans: Nonverbal Religious Expression In A Diverse Workplace, Loren F. Selznick
Mangers And Turbans: Nonverbal Religious Expression In A Diverse Workplace, Loren F. Selznick
University of Baltimore Law Review
With the current emphasis on workplace diversity, researchers have noted an increase in religious expression on the job and, consequently, in religious friction. Most of the literature focuses on speech, but other forms of expression, such as religious posters, symbols, and music, can cause dissension as well. Under Title VII of the Civil Rights Act of 1964, employers are required to accommodate the religious practices of employees in the workplace, unless doing so will cause undue hardship. Protected activity includes religious expression when employees sincerely believe their
religion requires it. This Article explores the accommodation of religious expression other than …
Weight Stigma In Different Aspects Of Life, Emanuel Noyola
Weight Stigma In Different Aspects Of Life, Emanuel Noyola
Capstone Showcase
Weight stigma is discrimination or bias against any individual who is perceived to be overweight or obese. It has recently been recorded that the effects of weight discrimination have an influence on three major areas of life which include schools, the workplace, and personal relationships. This is important as weight discrimination was found to mostly have negative effects in all these areas but was also found to be sometimes beneficial in others, such as retail. Past research has also shown that the effects of weight discrimination are 37 times worse among obese females compared to obese males. One alarming setting …
Costs Vs. Compensation: Legal And Policy Recommendations For Addressing Workplace Sexual Harassment, Heather Mclaughlin, Christine Thomas
Costs Vs. Compensation: Legal And Policy Recommendations For Addressing Workplace Sexual Harassment, Heather Mclaughlin, Christine Thomas
Saint Louis University Journal of Health Law & Policy
The recent #MeToo Movement has unequivocally shown that workplace sexual harassment is a widespread issue. Since December 2017, workers around the globe have shared personal stories of sexual harassment, as well as the tolls it caused on their health and careers. In this Article, we review extant interdisciplinary research on the negative consequences of sexual harassment for workers’ physical, psychological, and behavioral health; their career and earnings trajectories; and for broader organizational culture. Understanding these costs sheds light on how best to reduce and respond to workplace sexual harassment. We offer three suggestions for law and policy: (1) expand legal …
Workplace Sexual Harassment And The "Unwelcome" Requirement: An Analysis Of Bc Human Rights Tribunal Decisions From 2010 To 2016, Bethany Hastie
Workplace Sexual Harassment And The "Unwelcome" Requirement: An Analysis Of Bc Human Rights Tribunal Decisions From 2010 To 2016, Bethany Hastie
All Faculty Publications
Legal complaints concerning workplace sexual harassment are anticipated to increase, following in the wake of the #MeToo movement and a number of high-profile cases in Canada. Yet little contemporary research has analyzed sexual harassment laws in Canada. This article contributes to further research on sexual harassment laws through a case analysis of BC Human Rights Tribunal decisions from 2010 to 2016. This article analyzes trends in assessing credibility and character in sexual harassment complaints and establishes that the requirement that a complainant prove that the conduct in question was “unwelcome” improperly shifts the focus of the legal inquiry towards her …
Assessing Sexually Harassing Conduct In The Workplace: An Analysis Of Bc Human Rights Tribunal Decisions In 2010–16, Bethany Hastie
Assessing Sexually Harassing Conduct In The Workplace: An Analysis Of Bc Human Rights Tribunal Decisions In 2010–16, Bethany Hastie
All Faculty Publications
Sexual harassment in the workplace was first recognized as a form of discrimination in the 1980s. Since that time, the concepts of sexual harassment and discrimination have evolved substantially. This article explores how human rights tribunals address complaints of sexual harassment in the workplace through a case analysis of BC Human Rights Tribunal decisions from 2010 to 2016. Focusing on an examination of how the tribunal determines what constitutes sexually harassing conduct, this article suggests that, while human rights tribunals are advancing in their understanding and analysis of sexual harassment claims, there remain inherent limitations associated with the individualized nature …
Thinking Outside The Checkbox: Examining The Benefits Of Depression In The Workplace, Tyler L. Jensen
Thinking Outside The Checkbox: Examining The Benefits Of Depression In The Workplace, Tyler L. Jensen
Intuition: The BYU Undergraduate Journal of Psychology
No abstract provided.
The Modification Of Washington's Nondelegable Duty Doctrine In A Post-Afoa Ii State, Caroline Aubry Golshan
The Modification Of Washington's Nondelegable Duty Doctrine In A Post-Afoa Ii State, Caroline Aubry Golshan
Seattle University Law Review
Under the nondelegable duty doctrine, a person or entity who has a duty to provide specified safeguards or precautions for the safety of others and who maintains a right of control over workplace safety is subject to liability for harm caused by the failure of a sub-contractor to provide such safeguards or precautions. This doctrine is based on the policy that the party with the greatest power over work conditions is in the best position to implement safety measures across a complex and layered worksite. This doctrine has existed in Washington State for decades until the recent Washington Supreme Court …
Trying Something Old?: Incorporating The Dodd-Frank Act Into Modern Efforts To Eliminate Workplace Sexual Harassment, Rosemary Kim
Trying Something Old?: Incorporating The Dodd-Frank Act Into Modern Efforts To Eliminate Workplace Sexual Harassment, Rosemary Kim
Seattle University Law Review
The recent exposure of public figures such as Harvey Weinstein and Bill Cosby show that current measures taken to curb sexual harassment in the workplace have not proven to be enough. It is, then, important and worth exploring Acts from different sectors that have proven effective and then applying the provisions from those Acts to address this issue. This Note will explore the Dodd–Frank Act and pick out the provisions that have potentiality to be adopted and applied in addressing sexual harassment in the workplace. “It is common sense to take a method and try it. If it fails, admit …
Workplace Sexual Harassment: Assessing The Effectiveness Of Human Rights Law In Canada, Bethany Hastie
Workplace Sexual Harassment: Assessing The Effectiveness Of Human Rights Law In Canada, Bethany Hastie
Bethany Hastie
This report analyzes substantive decisions on the merits concerning workplace sexual harassment at each of the BC and Ontario Human Rights Tribunals from 2000-2018, with a view to identifying how the law of sexual harassment is understood, interpreted and applied by the Tribunals’ adjudicators. In particular, this report examines whether, and to what extent, gender-based stereotypes and myths known to occur in criminal justice proceedings arise in the human rights context.
This report examines substantive decisions on the merits for claims of workplace sexual harassment from 2000-2018 in BC and Ontario. The limitation to substantive decisions allows for a greater …
Workplace Sexual Harassment: Assessing The Effectiveness Of Human Rights Law In Canada, Bethany Hastie
Workplace Sexual Harassment: Assessing The Effectiveness Of Human Rights Law In Canada, Bethany Hastie
All Faculty Publications
This report analyzes substantive decisions on the merits concerning workplace sexual harassment at each of the BC and Ontario Human Rights Tribunals from 2000-2018, with a view to identifying how the law of sexual harassment is understood, interpreted and applied by the Tribunals’ adjudicators. In particular, this report examines whether, and to what extent, gender-based stereotypes and myths known to occur in criminal justice proceedings arise in the human rights context.
This report examines substantive decisions on the merits for claims of workplace sexual harassment from 2000-2018 in BC and Ontario. The limitation to substantive decisions allows for a greater …
Regulating Social Media Use In The Workplace, Yemisi Dina
Regulating Social Media Use In The Workplace, Yemisi Dina
Yemisi Dina
The advent of social networking sites (SNS) has become a reality of the digital age. These sites are highly interactive, creative and addictive for individuals to exchange personal, professional and social ideas but its use has also been the subject of litigation in the courts lately just like any man made invention. People using these sites have sparked a number of legal challenges that have dramatically changed the world. This raises a number of questions as to whether there are clear guidelines on the use of these tools by employers and employees.
This paper is a case commentary of one …
Arbitration In Internal Dispute Resolution Programs: The Scarlet Letter “A” In Sexual Harassment Claims, Sarah Sachs
Arbitration In Internal Dispute Resolution Programs: The Scarlet Letter “A” In Sexual Harassment Claims, Sarah Sachs
Pepperdine Dispute Resolution Law Journal
This Comment evaluates the use of arbitration and mediation as effective alternative dispute resolution mechanisms for resolving workplace sexual harassment claims. Part II discusses the legal development of sexual harassment claims in the workplace. Part III evaluates companies who use internal dispute resolution programs with mediation and arbitration to resolve workplace harassment claims. Finally, Part IV analyzes the advantages and disadvantages of companies designing and implementing internal dispute resolution programs to adjudicate workplace sexual harassment claims.
Law School News: Introducing The Joint Jd/Mba Degree 03/07/2019, Edward Fitzpatrick
Law School News: Introducing The Joint Jd/Mba Degree 03/07/2019, Edward Fitzpatrick
Life of the Law School (1993- )
No abstract provided.
The Employee Right To Disconnect, Paul M. Secunda
The Employee Right To Disconnect, Paul M. Secunda
Notre Dame Journal of International & Comparative Law
U.S. workers are increasingly finding it difficult to escape from work. Through their smartphones, e-mail, and social media, work tethers them to their workstations well after the work day has ended. Whether at home or in transit, employers are asking or requiring employees to complete assignments, tasks, and projects outside of working hours. This practice has a profound detrimental impact on employee privacy and autonomy, safety and health, productivity and compensation, and rest and leisure. France and Germany have responded to this emerging workplace issue by taking different legal approaches to providing their employees a right to disconnect from the …
Non-Compete Agreement Got You Stuck In Sexual Harassment? #Metoo: An Analysis Of The Correlation Between Non-Compete Agreements And Sexual Harassment, Raquel Flynn
University of Baltimore Law Review
No abstract provided.
A New #Metoo Result: Rejecting Notions Of Romantic Consent With Executives, Michael Z. Green
A New #Metoo Result: Rejecting Notions Of Romantic Consent With Executives, Michael Z. Green
Faculty Scholarship
With the growth of the #MeToo movement since October 2017, more than 200 prominent male executives have lost their jobs. Some pushback has occurred as many of these executives have asserted their behavior was not inappropriate because their acts were consensual. Essentially, this argument requires companies evaluating this behavior to find nothing wrong when executives use their vast power and influence to have romantic and sexual relationships with their subordinates who do not say “no.”
Those suggesting that the #MeToo movement has gone too far believe it will result in unintended consequences where totally benign and even positive engagement between …
Wage Theft In Lawless Courts, Llezlie Green
Wage Theft In Lawless Courts, Llezlie Green
Articles in Law Reviews & Other Academic Journals
Low-wage workers experience wage theft — that is, employers’ failure to pay earned wages — at alarmingly high rates. Indeed, the number of wage and hour cases filed in federal and state courts and administrative agencies steadily increases every year. While much of the scholarly assessment of wage and hour litigation focuses on large collective and class actions involving hundreds or thousands of workers and millions of dollars in lost wages, the experiences of individual workers with small claims have received little attention. Furthermore, scholarly consideration of the justice gap in lower courts, more generally, has often focused on debt …
When Both Apply, Does Title Vii Displace Title Ix In Employee-On-Employee Sexual Harassment Cases?, Ryan Butler
When Both Apply, Does Title Vii Displace Title Ix In Employee-On-Employee Sexual Harassment Cases?, Ryan Butler
SLU Law Journal Online
Ryan Butler explores the possibility of an employee-on-employee sexual harassment circuit split, causing some employees to have a remedy under only Title VII, while others may have remedies under both Title VII and Title IX.
Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon
Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Rwu First Amendment Blog: Dean Yelnosky's Blog: Ruling Could Destroy Labor Unions As We Know Them 2-26-2018, Michael J. Yelnosky
Rwu First Amendment Blog: Dean Yelnosky's Blog: Ruling Could Destroy Labor Unions As We Know Them 2-26-2018, Michael J. Yelnosky
Law School Blogs
No abstract provided.
Can Female Academics Say "No" Both Professionally And Elegantly To Excessive Work Demand? Yes, But You Might Have To Call A Friend, Angela Mae Kupenda
Can Female Academics Say "No" Both Professionally And Elegantly To Excessive Work Demand? Yes, But You Might Have To Call A Friend, Angela Mae Kupenda
Journal Articles
Whether one’s academic supervisor is a White man or woman, or a person of color, the ability to say “no” to our supervisors is critical for one’s professional success and personal wellbeing. Some of us are incessantly asked to take on extra service, extra duties, to relieve someone else because they have “more important things” to do, and “just to do it” because it must be done and because we have that extra strength in our DNA, some seem to think.
Gender Sidelining And The Problem Of Unactionable Discrimination, Jessica K. Fink
Gender Sidelining And The Problem Of Unactionable Discrimination, Jessica K. Fink
Faculty Scholarship
Gender dynamics suffuse virtually every workplace. Indeed, the way that employees interact with one another turns not only on their individual backgrounds, skills and personalities, but also frequently on their gender. While many employees embrace gender diversity at work and appreciate the benefits of incorporating both male and female perspectives into workplace programs and projects, this ideal does not translate into every work environment. In many workplaces, female workers continue to experience unfair (and often unlawful) treatment based upon their gender. The law has done much to outlaw overt gender discrimination at work, providing a legal framework within which female …
Gender And The Tournament: Reinventing Antidiscrimination Law In An Age Of Inequality, Naomi Cahn, June Carbone, Nancy Levit
Gender And The Tournament: Reinventing Antidiscrimination Law In An Age Of Inequality, Naomi Cahn, June Carbone, Nancy Levit
Faculty Works
Since the 1970’s, antidiscrimination advocates have approached Title VII as though the impact of the law on minorities and women could be considered in isolation. This article argues that this is a mistake. Instead, Reinventing Antidiscrimination Law attempts to reclaim Title VII’s original approach, which justified efforts to dismantle segregated workplaces as necessary to both eliminate discrimination and promote economic growth. Using that approach, this Article is the first to consider how widespread corporate tournaments and growing gender disparities in the upper echelons of the economy are intrinsically intertwined, and how they undermine the core promises of antidiscrimination law. The …
"Because Of Sex", Jack B. Harrison
"Because Of Sex", Jack B. Harrison
Loyola of Los Angeles Law Review
Many Americans currently believe that federal law prohibits discrimination because of sexual orientation and gender identity in the workplace. While it is true that Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits employers from discriminating because of an employee’s race, color, religion, sex, or national origin, courts and legislators have historically been slow to extend these protections to LGBT workers. The result of this reluctance is that LGBT employees remain largely unprotected under an unpredictable patchwork of laws and policies, consisting of presidential executive orders, private employer initiatives, city and county ordinances, gubernatorial executive orders, and …
Are My Cornrows Unprofessional?: Title Vii's Narrow Application Of Grooming Policies, And Its Effect On Black Women's Natural Hair In The Workplace, Renee Henson
The Business, Entrepreneurship & Tax Law Review
Employer grooming policies are ubiquitous and apply to all in the workplace, however, the hair standards within these policies do not permit women to wear a myriad of ethnic hairstyles at work. Banning ethnic hairstyles like braids, cornrows, and dreadlocks adversely and disproportionally affects black women. Banning ethnic styles because they are deemed unprofessional forces many black women to spend inordinate amounts of money and time to ensure their hair is “professional looking enough” to attain gainful employment and climb the corporate ladder. This article examines Title VII’s role in allowing this practice where black women are not permitted to …
Ethical Decision Making: Balancing The Rights And Needs Of Stakeholders, Sarah Becker
Ethical Decision Making: Balancing The Rights And Needs Of Stakeholders, Sarah Becker
Richard T. Schellhase Essay Prize in Ethics
No abstract provided.
Jess Smith And The Design Firm, Gabriel Tenaglia
Jess Smith And The Design Firm, Gabriel Tenaglia
Richard T. Schellhase Essay Prize in Ethics
No abstract provided.
Dissonance Between Personal Belief And Professional Values And The Challenge Of Facing Other Conflicting Ideas, Christopher Tan
Dissonance Between Personal Belief And Professional Values And The Challenge Of Facing Other Conflicting Ideas, Christopher Tan
Richard T. Schellhase Essay Prize in Ethics
It is the recommendation of this author that, in regards to this case, Jess Smith should complete the project despite her misgivings about the ethical nature of the band. However, Smith should ensure that both the client and manager are notified of her concerns along with the specific components of the project with which she took issue. The case of Jess Smith and the Design Firm ultimately highlights the issue regarding how to resolve dissonance between personal belief and professional values and more broadly the challenge of facing other ideas that challenge an individual’s personal convictions.