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- Civil Rights Act of 1964 (2)
- Title VII (2)
- Wage discrimination (2)
- Back pay (1)
- Civil Righs Act of 1964 (1)
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- Collective bargaining (1)
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Articles 1 - 5 of 5
Full-Text Articles in Law
Contribution Between Parties To A Discriminatory Collective Bargaining Agreement, Michigan Law Review
Contribution Between Parties To A Discriminatory Collective Bargaining Agreement, Michigan Law Review
Michigan Law Review
This Note examines rules of title VII back pay liability and apportionment. Part I argues that all signatories to a discriminatory collective bargaining agreement should be jointly and severally liable to injured persons for back pay. Although a union or employer may object to joint and several liability if its opponent in collective bargaining proposed and bargained for the discriminatory term, the purposes of title VII require that the parties become jointly and severally liable upon signing the agreement. Since joint and several liability fully serves the compensatory purpose of the statute, Part II of the Note looks to deterrence …
Wage Discrimination And Job Segregation: The Survival Of A Theory, Ruth G. Blumrosen
Wage Discrimination And Job Segregation: The Survival Of A Theory, Ruth G. Blumrosen
University of Michigan Journal of Law Reform
My earlier article in this journal, Wage Discrimination, Job Segregation, and Title VII of the Civil Rights Act of 1964, advanced the theory that the same discriminatory factors which lead to job segregation are also likely to be responsible for wage differentials between segregated jobs. The discriminatorily depressed wage rate of the segregated job is therefore one of the "adverse effects" under Griggs v. Duke Power Co. of job segregation. In order to establish a prima facie case of wage discrimination in a Title VII action, plaintiffs must show the fact of job segregation - that the jobs were …
Employee Stock Ownership Plans: An Analysis Of Current Reform Proposals, Luis L. Granados
Employee Stock Ownership Plans: An Analysis Of Current Reform Proposals, Luis L. Granados
University of Michigan Journal of Law Reform
This article surveys the battle between the critics and advocates of the ESOP, and scrutinizes various proposals currently being considered in the legislative arena. Part I examines the philosophy and history of the ESOP, particularly focusing upon the conceptual foundations provided by the writings of Louis Kelso. Part II explicates the various functions performed by the ESOP: as a tool of corporate finance, as an "in-house" market for the sale of stock held by a company's shareholders, and as a means of obtaining additional investment tax credit. Part III analyzes critically six proposed improvements of the ESOP system from both …
Standards Of Willfulness Under The Fair Labor Standards Act, Michigan Law Review
Standards Of Willfulness Under The Fair Labor Standards Act, Michigan Law Review
Michigan Law Review
The statutes of limitations facing plaintiffs who bring actions under the Fair Labor Standards Act [FLSA] vary, depending upon the willfulness of the violation. The Act establishes two limitations: three years for willful violations, and two years for nonwillful violations. It does not, however, define willfulness, and federal courts have interpreted the concept in two very different ways. Under the more prevalent rule, the test is: "Did the employer know the FLSA was in the picture?" But other courts have been more guarded, reserving the longer limitations period for "violations which are intentional, knowing or voluntary as distinguished from accidental." …
Wage Discrimination And The "Comparable Worth" Theory In Perspective, Bruce A. Nelson, Edward M. Opton Jr., Thomas E. Wilson
Wage Discrimination And The "Comparable Worth" Theory In Perspective, Bruce A. Nelson, Edward M. Opton Jr., Thomas E. Wilson
University of Michigan Journal of Law Reform
Our article focuses primarily on one legal question: Does the wage discrimination theory, as sketched by Professor Blumrosen, fall within the remedial ambit of Title VII of the Civil Rights Act? Wage Discrimination's factual contentions as to the existence and universality of wage discrimination deserve equally detailed analysis, but we leave that task to scholars of the pertinent disciplines, sociology and economics. We will deal with the factual contentions of Wage Discrimination only so far as necessary to challenge its central factual conclusion: that a demonstration of job separation should lead to a judicial inference of wage discrimination. This …