Law Commons^™

"Because The Constitution Requires It And Because Justice Demands It": Specific Speech Injunctive Relief For Title Vii Hostile Work Environment Claims, Cecilee Price-Huish

William & Mary Bill of Rights Journal

Abusive speech often is used effectively by harassers in the workplace to intimidate, terrorize, objectify, and humiliate their intended victims, thus helping to secure and maintain social inequality in the workforce, especially among racial and gender minority employees. Pursuant to the adoption of Title VII of the Civil Rights Act of 1964, the United States Supreme Court, in Meritor Savings Bank v. Vinson, interpreted the statute's anti-employment discrimination mandate as imposing liability for conduct or words in the workplace that have the purpose or effect of interfering with an employee's work performance or of creating an intimidating or hostile work …

Reforming Accretion Analysis Under The Nlra: Supplementing A Borrowed Analysis With Meaningful Policy Considerations, Matthew S. Miner

University of Michigan Journal of Law Reform

Current accretion analysis utilizes a variety of factors to determine whether to merge a non-unionized group of employees with a unionized group of employees within the same firm. The present construction of the analysis; however, ignores employee views and potential manipulation of the doctrine. By failing to account for these two important factors, current accretion analysis neglects two key concerns of the National Labor Relations Act - preventing employer discrimination and fostering uncoerced employee action and choice. This Note advocates a better approach, which gives proper weight to employee views and considers employer motive to control against the possibility of …

Confusion Reigns Supreme: The United States Supreme Court's Refusal To Grant Certiorari In L.R. Willson And Sons, Inc. V. Oshrc Perpetuates The Split Among Circuits In Osha Employee Misconduct Cases, Heather Malone Garrison

West Virginia Law Review

No abstract provided.

Pregnancy-Based Sex Discrimination, Robert Richard Rico

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The North American Agreement Of Labor Cooperation And Its Effects On Women Working In Mexican Maquiladoras , Nicole L. Grimm

American University Law Review

No abstract provided.

Status Rules: Doctrine As Discrimination In A Post-Hicks Enivronment, Ruth Gana Okedji

Florida State University Law Review

No abstract provided.

The Gender Wage Gap: Searching For Equality In A Global Economy, Lucy B. Bednarek

Indiana Journal of Global Legal Studies

No abstract provided.

Unprotected Until Forty: The Limited Scope Of The Age Discrimination In Employment Act Of 1967, Bryan B. Woodruff

Indiana Law Journal

No abstract provided.

Analysis Of People Of The State Of New York, Buffalo Gyn Womenservices, Planned Parenthood Of Rochester/Syracuse Region, Et. Al. V. Operation Rescue National, Et. Al., Lucinda Finley

Buffalo Women's Law Journal

No abstract provided.

Equal Pay: A Proposed Amendment To The Fairllabor Standards Act, Caroline Edwards

Buffalo Women's Law Journal

No abstract provided.

Brisentine V. Stone & Webster Engineering, William White

Mercer Law Review

In Brisentine v. Stone & Webster Engineering, the Eleventh Circuit Court of Appeals revisited the murky corner of employment law that deals with arbitration agreements. The case is noteworthy because the court, for the first time in the Eleventh Circuit, addressed the issue of whether a compulsory arbitration provision in a collective bargaining agreement precluded a separate action by the employee to protect his statutory rights.

The Right To Work And Earn A Living Wage: A Proposed Constitutional Amendment, William P. Quigley

City University of New York Law Review

No abstract provided.

The Division Of Labour: An Examination Of Certification Requirements, Gary Svirsky

Osgoode Hall Law Journal

Under Canadian and American labour law, organized workers must be divided into bargaining units. In order to negotiate with employers on behalf of workers, these bargaining units must be certified. This entails receiving the approval of the appropriate labour relations board. The author argues that this requirement informs the outcomes of collective bargaining. This article takes the position that certification is a subtle method for maintaining the existing social order and the consequent distribution of power, without actually appearing to do so. Certification can be understood as a tool for fragmenting the potential power of labour's unity. The present analysis …

Labor Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.

The Continuing Validity Of Disparate Impact Analysis For Federal-Sector Age Discrimination Claims , Keith R. Fentonmiller

American University Law Review

No abstract provided.

Causation In Occupational Disease: Balancing Epidemiology, Law And Manufacturer Conduct, Richard M. Lynch, Mary S. Henifin

RISK: Health, Safety & Environment (1990-2002)

Drs. Lynch & Henefin examine evolution of disease causation theory and its impact on public health, as well as how these relate to the courtroom admissibility of expert opinion evidence.

Erisa Section 104(B)(4): What Documents Do Employees Have A Right To Demand From Their Employers?, Anne-Marie M. Miles

William & Mary Law Review

No abstract provided.

Electronic Communications And The Law: Help Or Hindrance To Telecommuting?, Jennifer C. Dombrow

Federal Communications Law Journal

During 1997, an estimated 11.1 million workers preformed some portion of their work by telecommuting. This number is expected to grow as employers continue to discover the benefits that can result from instituting a telecommuting policy. This growth may be hindered, however, by controversy concerning employee privacy rights. Although the use of electronic communications in the workplace is common, the laws addressing employee privacy rights and employer monitoring rights concerning these communications are ambiguous. New legislation is necessary to specifically define the respective rights of employers and employees. Without this new legislation, the benefits of electronic communications in the workplace, …

Young V. Bayer Corp.: When Is Notice Of Sexual Harassment To An Employee Notice To The Employer?, Stanford Edward Purser

BYU Law Review

No abstract provided.

Local Government Anti-Discrimination Laws: Do They Make A Difference?, Chad A. Readler

University of Michigan Journal of Law Reform

During the past decade, local governments have expanded their role protecting individuals from discrimination in private employment. Although federal and state laws already protect individuals from employment discrimination based on race, sex, color, religion, national origin, age, and disability, local anti-discrimination ordinances protect an even wider range of characteristics such as sexual orientation, marital status, military status, and income level. The author details the results of a survey indicating that the agencies and dispute resolution processes mandated by local anti-discrimination ordinances are seldom used to protect this wider range of characteristics He argues that effective, uniform anti-discrimination protection should come …

Against Common Sense: Why Title Vii Should. Protect Speakers Of Black English, Jill Gaulding

University of Michigan Journal of Law Reform

The speech of many black Americans is marked by phrases such as 'we be writin"' or "we don't have no problems." Because most listeners consider such "Black English" speech patterns incorrect, these speakers face significant disadvantages in the job market. But common sense suggests that there is nothing discriminatory about employers' negative reactions to Black English because it makes sense to allow employers to insist that employees use correct grammar.

This article argues against this common sense understanding of Black English as bad grammar. The author first analyzes the extent of the job market disadvantages faced by Black English speakers …

Grandmothers And Teamsters: How The Nlrb's New Approach To The Supervisory Status Of Charge Nurses Ignores The Reality Of The Nursing Home, Jonathan Edward Motley

Indiana Law Journal

No abstract provided.

Compulsory Arbitration Agreements In Employment Contracts From Gardner-Denver To Austin: The Legal Uncertainty And Why Employers Should Choose Not To Use Preemployment Arbitration Agreements, John-Paul Motley

Vanderbilt Law Review

In Gilmer v. Interstate/Johnson Lane Corp. the Supreme Court enforced a mandatory arbitration clause in a securities registration application and barred the employee from seeking relief in federal court for his Age Discrimination in Employment Act ("ADEA") claim.' Since the Court's decision compelling arbitration of an employee's statutory claim, labor and employment lawyers have encouraged employers to include binding arbitration clauses covering all potential employer-employee claims in employment applications, handbooks, and collective bargaining agreements ("CBAs"). As one commentator wrote after the Gilmer decision, "[t]he only thing remaining is for employers to begin writing compulsory arbitration clauses into their employment contracts." …

An Unfirm Foundation: The Regrettable Indefensibility Of Religious Exemptions, Frederick Mark Gedicks

University of Arkansas at Little Rock Law Review

No abstract provided.

Hiding Behind The Corporate Veil: Employer Abuse Of The Corporate Form To Avoid Or Deny Workers' Collectively Bargained And Statutory Rights, Grant Crandall, Sarah J. Starrett, Douglas L. Parker

West Virginia Law Review

No abstract provided.

Antidiscrimination And Affirmative Action Policies: Economic Efficiency And The Constitution, Edward M. Iacobucci

Osgoode Hall Law Journal

This article assesses the economic efficiency of race-based antidiscrimination and affirmative action policies with a view to assessing relevant Canadian and American constitutional law. The article reviews economic arguments about why antidiscrimination laws may be efficient in addressing externalities, in hastening the exit of bigoted employers from the market, and in preventing the potentially inefficient use of race as a proxy for information; affirmative action may be efficient in accounting for differential signaling costs across race. The article concludes that economic analysis supports the approach in section 15 of the Charter which generally bans discriminatory government action, but recognizes that …

Discrimination Down Under: Lessons From The Australian Experience In Prohibiting Employment Discrimination On The Basis Of Sexual Orientation, Joshua Colangelo-Bryan

Washington International Law Journal

Australia offers greater legislative protection against employment discrimination on the basis of sexual orientation than does the United States. This difference is not due to greater social or political awareness on the part of Australians. Rather, Australian federal law results from the work of progressive national committees given wide discretion to address discrimination under international agreements to which Australia is a party. The creation of Australian federal laws is not instructive in the U.S. context because the limited scope of these laws is incompatible with American discrimination statutes. Furthermore, the process by which sexual orientation became a proscribed ground under …

The First Step Forward—The Aids Dismissal Case And The Protection Against Aids-Based Employment Discrimination In Japan, Marc Lim

Washington International Law Journal

The fight against AIDS in Japan, a journey that has encountered much resistance from a Japanese public and corporate sector ill-educated on the disease, may have taken a new turn. Before 1995, employees infected with HIV or suffering from AIDS had little recourse in fighting against the discrimination they faced in their private lives and in the Japanese corporate sector. With the AIDS Dismissal Case, the Japanese judiciary, in a show of judicial activism, found the dismissal of an HIV-infected worker based upon his HIV status illegal and an infringement upon the worker's human rights. In addition, the court found …

Gray Power In The Gray Area Between Employer And Employee: The Applicability Of The Adea To Members Of Limited Liability Companies, Alan R. Haguewood

Vanderbilt Law Review

The American populace is aging.' At the same time, modern medicine enables Americans to remain productive members of the workforce for a longer period of time. The confluence of these two trends augurs increased use of the Age Discrimination in Employment Act ("ADEA), as companies try to force aging employees to retire despite their prolonged productivity. Another trend within the past decade has been the rise of various hybrid corporate forms that combine the beneficial aspects of partnerships and corporations, one example of which is the limited liability company ("LLC"). This increase in the number of different types of corporate …

Teen Prostitution In Japan: Regulation Of Telephone Clubs, Andrew D. Morrison

Vanderbilt Journal of Transnational Law

The history of prostitution in Japan may be traced to the eighth century. Originally, prostitutes carried on their trade individually and independently. Around the thirteenth century, however, the nature of prostitution changed, as prostitutes formed small enterprises located in red-light districts. By the seventeenth century, red-light districts existed throughout Japan.

In 1900, the Japanese government, realizing the widespread proliferation of the prostitution industry, passed the Regulation for Control of Prostitutes. The law regulated prostitution nationwide by requiring prostitutes to register with local government authorities and to undergo regular health inspections. This system continued until the end of World War Two, …