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Articles 1 - 23 of 23
Full-Text Articles in Law
Facially Neutral No-Rehires Rules And The Americans With Disabilities Act, Christine Neylon O'Brien
Facially Neutral No-Rehires Rules And The Americans With Disabilities Act, Christine Neylon O'Brien
Hofstra Labor & Employment Law Journal
This article deals with the issue of whether alcoholism should qualify as a disability under the Americans with Disabilities Act. Under this theoretical category, an employee or potential employee would have a cause of action once he shows his disability no longer interferes with his ability to perform his job. One example of a prospective plaintiff is a recovering alcoholic. The author addresses the difference between a disparate impact claim and a disparate treatment claim and asserts what employers should do to ensure they do not run afoul of the ADA.
A Ban By Any Other Name: Ten Years Of "Don't Ask, Don't Tell", Sharon E. Debbage Alexander
A Ban By Any Other Name: Ten Years Of "Don't Ask, Don't Tell", Sharon E. Debbage Alexander
Hofstra Labor & Employment Law Journal
No abstract provided.
Guilty As Charged, Jay Hatheway
Guilty As Charged, Jay Hatheway
Hofstra Labor & Employment Law Journal
No abstract provided.
Workplace Harassment: A Proposal For A Bright Line Test Consistent With The First Amendment, Debra D. Burke
Workplace Harassment: A Proposal For A Bright Line Test Consistent With The First Amendment, Debra D. Burke
Hofstra Labor & Employment Law Journal
No abstract provided.
Something Every Lawyer Needs To Know: The Employer-Employee Distinction In The Modern Law Firm, Catherine Lovly, Matthew J. Mehnert
Something Every Lawyer Needs To Know: The Employer-Employee Distinction In The Modern Law Firm, Catherine Lovly, Matthew J. Mehnert
Hofstra Labor & Employment Law Journal
No abstract provided.
Why Punitive Damages Should Be Awarded For Retaliatory Discharge Under The Fair Labor Standards Act, Carol Abdelmesseh, Deanne M. Diblasi
Why Punitive Damages Should Be Awarded For Retaliatory Discharge Under The Fair Labor Standards Act, Carol Abdelmesseh, Deanne M. Diblasi
Hofstra Labor & Employment Law Journal
No abstract provided.
The Education Of A Sailor, Keith Taylor
The Education Of A Sailor, Keith Taylor
Hofstra Labor & Employment Law Journal
No abstract provided.
Honing Our Kraft?: Reconciling Variations In The Remedial Treatment Of Weingarten Violations, Michael D. Moberly, Andrea G. Lisenbee
Honing Our Kraft?: Reconciling Variations In The Remedial Treatment Of Weingarten Violations, Michael D. Moberly, Andrea G. Lisenbee
Hofstra Labor & Employment Law Journal
No abstract provided.
Graduate Assistants At The Bargaining Table, But For How Long?, Stephen L. Ukeiley
Graduate Assistants At The Bargaining Table, But For How Long?, Stephen L. Ukeiley
Hofstra Labor & Employment Law Journal
No abstract provided.
Liberty, Diversity, Academic Freedom, And Survival: Preferential Hiring Among Religiously-Affliated Institutions Of Higher Education, Jamie Darin Prenkert
Liberty, Diversity, Academic Freedom, And Survival: Preferential Hiring Among Religiously-Affliated Institutions Of Higher Education, Jamie Darin Prenkert
Hofstra Labor & Employment Law Journal
This article discusses the exemptions given to religious educational institutions from the usual Title VII protections afforded employees. The author supports the use of such exemptions when they promote diversity and protecting the fundamental foundation of the institution itself, but warns that there is a point where the exemptions must not be used even when they are within the power of the institution to invoke. Such inappropriate instances include promoting faculty or granting tenure to faculty members who are not of the religious persuasion of the institution, or hiring the best and brightest faculty over the professor who simply agrees …
When Harry Met Larry And Larry Got Sick: Why Same-Sex Families Should Be Entitled Benefits Under The Family And Medical Leave Act, Alana M. Bell, Tamar Miller
When Harry Met Larry And Larry Got Sick: Why Same-Sex Families Should Be Entitled Benefits Under The Family And Medical Leave Act, Alana M. Bell, Tamar Miller
Hofstra Labor & Employment Law Journal
No abstract provided.
Introduction, James A. Garland
Introduction, James A. Garland
Hofstra Labor & Employment Law Journal
No abstract provided.
"Don't Ask, Don't Tell": A Qualified Defense, Eugene R. Milhizer
"Don't Ask, Don't Tell": A Qualified Defense, Eugene R. Milhizer
Hofstra Labor & Employment Law Journal
Upon the 10th Anniversary of the so-called “Don’t Ask, Don’t Tell” policy, I was asked to reflect upon the policy by Hofstra University. This article presents my remarks at a symposium dedicagted to this topic. The article first reviews in detail the origins of the policy. It then explores the moral debate implicated by the policy, including the traditional arguments against homosexuality with special attention to the natural law, and latitudinarian arguments in favor of homosexuality or opposed to discrimination based on the basis of homosexuality. The article next surveys contemporary attitudes about homosexuality, focusing on military service by homosexuals. …
How Do You Say Gay In Arabic? Being Essential Under "Don't Ask, Don't Tell", Alastair Gamble
How Do You Say Gay In Arabic? Being Essential Under "Don't Ask, Don't Tell", Alastair Gamble
Hofstra Labor & Employment Law Journal
No abstract provided.
The Continuing Relevance Of Race-Concious Remedies And Prgrams In Integrating The Nation's Workforce, Michael L. Foreman, Kristin M. Dadey, Audrey J. Wiggins
The Continuing Relevance Of Race-Concious Remedies And Prgrams In Integrating The Nation's Workforce, Michael L. Foreman, Kristin M. Dadey, Audrey J. Wiggins
Hofstra Labor & Employment Law Journal
The authors argue that achieving diversity should be one of the main legitimate justifications for affirmative action programs, in addition to the traditionally cited "remedy for past discrimination" justification. The authors describe the legal framework for affirmative action beginning with the Civil Rights Act of 1964. They discuss the various types of affirmative action plans - public and private, court ordered and voluntary. The article concludes with a discussion of Department of Justice and EEOC policies towards affirmative action, arguing that the federal government should be the biggest proponent of such programs.
Association Discrimination Under The Americans With Disabilities Act: Another Uphill Batllle For Potential Ada Plaintiffs, Lawerence D. Rosenthal
Association Discrimination Under The Americans With Disabilities Act: Another Uphill Batllle For Potential Ada Plaintiffs, Lawerence D. Rosenthal
Hofstra Labor & Employment Law Journal
No abstract provided.
Service Member Experiences Roundtable, James A. Garland
Service Member Experiences Roundtable, James A. Garland
Hofstra Labor & Employment Law Journal
No abstract provided.
The Graduate Assistant Labor Movement, Nyu And Its Aftermath: A Study Of The Attitudes Of Graduate Teaching And Research Assistants At Seven Universities, Gerilynn Falasco, William J. Jackson
The Graduate Assistant Labor Movement, Nyu And Its Aftermath: A Study Of The Attitudes Of Graduate Teaching And Research Assistants At Seven Universities, Gerilynn Falasco, William J. Jackson
Hofstra Labor & Employment Law Journal
No abstract provided.
Stepping Out Of The Courtroom And Into The Personnel Department: An Analysis Of Reasonable Accommodation And Disparate Impact In Raytheon V. Hernandez, Douglas Menikheim, Frederick R. Trelfa
Stepping Out Of The Courtroom And Into The Personnel Department: An Analysis Of Reasonable Accommodation And Disparate Impact In Raytheon V. Hernandez, Douglas Menikheim, Frederick R. Trelfa
Hofstra Labor & Employment Law Journal
No abstract provided.
Veterans Speak Out: A Collection Of Essays From The Documenting Courage Project, Phil Adams, Sharon E. Debbage Alexander, Patricia Baillie, Laura Ballard, Jeff Cleghorn, Nick Marulli
Veterans Speak Out: A Collection Of Essays From The Documenting Courage Project, Phil Adams, Sharon E. Debbage Alexander, Patricia Baillie, Laura Ballard, Jeff Cleghorn, Nick Marulli
Hofstra Labor & Employment Law Journal
No abstract provided.
Same-Sex Marriage: The Evolving Landscape For Employee Benefits, Neal S. Schelberg, Carri L. Mitnick
Same-Sex Marriage: The Evolving Landscape For Employee Benefits, Neal S. Schelberg, Carri L. Mitnick
Hofstra Labor & Employment Law Journal
This article deals with the aftermath of the Goodridge decision in terms of employment benefits for partners in a same-sex marriage, particularly in the interstate context. Because marriages in one state are generally recognized in all other states, the article focuses on how employers must treat a Massachusetts same-sex marriage in light of the Defense of Marriage Act and its prohibition of same-sex marriage for the purpose of federal employment benefits.
Same-Sex Harassment: Do Either Price Waterhouse Or Oncale Support The Ninth Circuit's Holding In Nichols V. Azteca Restaurant Enterprises, Inc. That Same-Sex Harassment Based On Failure To Conform To Gender Stereotyopes Is Actionable?, Philip Mcgough
Hofstra Labor & Employment Law Journal
In Nichols v. Azteca Restaurant Enterprises, the Ninth Circuit, overruling a twenty-two year old case, held that same-sex harassment based on gender stereotypes is actionable under Title VII. The court based this holding on the Supreme Court's 1989 opinion in Price Waterhouse v. Hopkins. However reasonable a reading of Title VII, the author argues that Nichols takes a major step beyond Hopkins, and resolves an issue not considered, even by implication, in the case. Further, same-sex harassment based on gender stereotypes is an issue sidestepped by the Supreme Court in Oncale - its only opinion to date dealing with same-sex …
Dirty Dancing: Attributing The Moral Right Of Attribution To American Copyright Law: The Work For Hire Doctrine And The Usurping Of The Ultimate Grand Dame And Founder Of Modern Dance, Martha Graham, Sarah Kutner, Holly Rich
Dirty Dancing: Attributing The Moral Right Of Attribution To American Copyright Law: The Work For Hire Doctrine And The Usurping Of The Ultimate Grand Dame And Founder Of Modern Dance, Martha Graham, Sarah Kutner, Holly Rich
Hofstra Labor & Employment Law Journal
No abstract provided.