Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Labor and employment (2)
- Title VII (2)
- 401(k) (1)
- After-acquired evidence (1)
- Americans with Disabilities Act (1)
-
- Causation (1)
- Civil Rights Act of 1964 (1)
- College (1)
- Dissent (1)
- Employment contracts (1)
- Employment discrimination (1)
- Health security (1)
- Intragroup dissent (1)
- Lawyering (1)
- Litigation strategy (1)
- Marriage equality (1)
- Misconduct (1)
- Moral hazard (1)
- Pension (1)
- Piper Lecture (1)
- Professor (1)
- Public goods (1)
- Religious accommodation (1)
- Respondeat superior (1)
- Retirement benefits (1)
- Retirement security (1)
- Same-sex marriage (1)
- Section 1981 (1)
- Section 1983 (1)
- Smith v. Bray (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
The "Moral Hazards" Of Title Vii's Religious Accomodation Doctrine, Stephen Gee
The "Moral Hazards" Of Title Vii's Religious Accomodation Doctrine, Stephen Gee
Chicago-Kent Law Review
Freedom of religion in the workplace has recently become a hot topic with regards to whether U.S. or state laws (mainly contraceptive care and treatment of same-sex, married employees’ spouses) must accommodate certain employer’s religious beliefs or else violate the employer’s constitutional right. However, before this recent employer-centric topic came to light, the main focus was on employees and to what extent employers must accommodate an employee’s religion via Title VII. Most, if not all, academic literature has argued an employer’s duty to accommodate employee’s religion is too weak under Title VII and should thus be increased to the significant …
Expanding The After-Acquired Evidence Defense To Include Post-Termination Misconduct, Holly G. Eubanks
Expanding The After-Acquired Evidence Defense To Include Post-Termination Misconduct, Holly G. Eubanks
Chicago-Kent Law Review
In 1995, the United States Supreme Court formulated the after-acquired evidence defense in employment discrimination litigation. The defense, if successfully established, allows the defendant to limit the damages available to the plaintiff. In order to assert the defense, a defendant must establish that it would have terminated the plaintiff based on after-acquired evidence of wrongdoing if the defendant had known of the wrongdoing prior to the termination. The defense, as generally accepted, applies to misconduct that occurs during employment and misconduct that occurs prior to employment in the application process. This note considers the potential expansion of the defense to …
How Lawyers Manage Intragroup Dissent, Scott L. Cummings
How Lawyers Manage Intragroup Dissent, Scott L. Cummings
Chicago-Kent Law Review
This essay, adapted from the keynote speech for the conference, reflects upon how lawyers respond to dissent within social movements—over the goals of social change efforts and the means of pursuing them. Drawing upon case studies from the LGBT rights and labor contexts, it describes specific challenges to managing dissent within “top-down” and “bottom-up” lawyering models. From the top-down, it explores how lawyers in the California marriage equality movement addressed repeated legal challenges over litigation tactics. From the bottom-up, it describes how lawyers for a community-labor coalition dealt with competing conceptions of the public good in a campaign to stop …
Employers As Risks, Amy B. Monahan
Employers As Risks, Amy B. Monahan
Chicago-Kent Law Review
In evaluating health and retirement security in the United States, much recent work has focused on shortcomings in individual decision making. For example, in explaining why 401(k) plans are suboptimal for achieving retirement security, a significant volume of literature has catalogued the mistakes individuals make when attempting to save for retirement through such plans. This article seeks to move the discussion of suboptimal decision making in a new direction, by focusing on the impact that employer decision making has on the ability of employees to achieve health and retirement security. The article argues that employer decision making regarding whether to …
Tenure, The Aberrant Consumer Contract, James J. White
Tenure, The Aberrant Consumer Contract, James J. White
Chicago-Kent Law Review
The tenure contract that prevails among the faculty at nearly all American colleges and universities is unusual, for the employee, who is normally the weaker, is favored by the contract over the employer, who is normally the stronger. The first part of the paper explains what tenure means and how it came about in the early twentieth century. The second part of the paper argues that the contract protects not only academic freedom but also bad teaching and weak scholarship. Finally the paper argues that the tenure contract should be abolished or restricted to minimize the inefficiencies that are now …
The Seventh Circuit Got It Wrong: Supervisors Should Not Face Individual Liability Under Section 1981, Emily Aleisa
The Seventh Circuit Got It Wrong: Supervisors Should Not Face Individual Liability Under Section 1981, Emily Aleisa
Chicago-Kent Law Review
In Smith v. Bray, the Seventh Circuit, on a case of first impression, determined that supervisors with retaliatory motives can and should be individually liable under section 1981 when they cause the employer to retaliate against an employee. This article argues against the Seventh Circuit’s holding for four reasons. First, courts are required to analyze section 1981 the same way they analyze Title VII, and Title VII does not allow for individual supervisor liability. Second, the Seventh Circuit justified its decision based on a flawed comparison between section 1981 and section 1983, a similar but distinct civil rights statute. Third, …