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Labor and Employment Law

FIU Law Review

2022

The primacy of reality principle

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Full-Text Articles in Law

Looking South: Toward Principled Protection Of U.S. Workers, Ann C. Mcginley Jan 2022

Looking South: Toward Principled Protection Of U.S. Workers, Ann C. Mcginley

FIU Law Review

In Principled Labor Law: U.S. Labor Law through a Latin American Method, authors Sergio Gamonal C. & Cesar F. Rosado Marzán argue that U.S. courts should follow the Latin American method of applying long-held jurisprudential principles to interpret labor law. The authors’ baseline is clear: applying these principles to U.S. employment law will better the employment opportunities and stability of workers who suffer from unequal bargaining power and the ever-present employer-oriented employment-at-will doctrine. Focusing on Title VII of the 1964 Civil Rights Act, and other civil rights provisions, this article imagines how applying the principles described by Gamonal and Rosado …