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- Maurice A. Deane School of Law at Hofstra University (12)
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- Labor and employment law (6)
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- Discrimination in employment (4)
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- Employment Law (4)
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- Publication
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- Hofstra Labor & Employment Law Journal (12)
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- Mercer Law Review (4)
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Articles 31 - 60 of 76
Full-Text Articles in Law
The Americans With Disabilities Act Of 1900: A Road Now Too Narrow, Luther Sutter
The Americans With Disabilities Act Of 1900: A Road Now Too Narrow, Luther Sutter
University of Arkansas at Little Rock Law Review
No abstract provided.
Discrimination Based On Hiv/Aids And Other Health Conditions: "Disability" As Defined Under Federal And State Law, David W. Webber
Discrimination Based On Hiv/Aids And Other Health Conditions: "Disability" As Defined Under Federal And State Law, David W. Webber
Journal of Health Care Law and Policy
No abstract provided.
Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein
Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein
Journal of Health Care Law and Policy
No abstract provided.
Adverse Impact Of Predisposition Testing On Major Life Activities: Lessons From Brca 1/2testing, Katherine A. Schneider
Adverse Impact Of Predisposition Testing On Major Life Activities: Lessons From Brca 1/2testing, Katherine A. Schneider
Journal of Health Care Law and Policy
No abstract provided.
"Membership" Obligations Under Nlra Section 8(A)(3): A Proposal For Statutory Change, Ronald Turner
"Membership" Obligations Under Nlra Section 8(A)(3): A Proposal For Statutory Change, Ronald Turner
Hofstra Labor & Employment Law Journal
No abstract provided.
Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman
Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman
Touro Law Review
No abstract provided.
The New Cultural Diversity And Title Vii, Steven A. Ramirez
The New Cultural Diversity And Title Vii, Steven A. Ramirez
Michigan Journal of Race and Law
This Article will show that the most progressive diversity initiatives taking hold in the business community are facially neutral in their approach, merit-driven, and fundamentally culture-conscious (as opposed to race-conscious). These initiatives do not allow for any racial preference or gender preference and draw any such bias not from the inherent values of diversity but from the largely segregated pre-existing corporate tradition: hiring culturally aware minorities unleashes value because they bring insights previously unavailable to segregated businesses. In other words, White males can be and are hired in the name of cultural diversity when they bring cultural insights to the …
Appearance Matters: A Proposal To Prohibit Appearance Discrimination In Employment, Elizabeth M. Adamitis
Appearance Matters: A Proposal To Prohibit Appearance Discrimination In Employment, Elizabeth M. Adamitis
Washington Law Review
The consideration of appearance in employment decisionmaking context is prevalent and widely accepted. Nonetheless, statutory protection against such discrimination remains limited. Federal protection applies only to claims related to already-protected categories of discrimination, including disability, race, color, religion, sex, national origin, and age. Only one state and a small number of cities and counties explicitly prohibit appearance discrimination in employment. This Comment argues that consideration of appearance in employment decisions is not justified, rational, or beneficial to society unless a bona fide occupational qualification or reasonable business purpose exists. States should adopt statutory protection for appearance to.protect otherwise qualified applicants …
Is There A Pink Slip In My Genes? Genetic Discrimination In The Workplace, Paul Steven Miller, Lawrence O. Gostin
Is There A Pink Slip In My Genes? Genetic Discrimination In The Workplace, Paul Steven Miller, Lawrence O. Gostin
Journal of Health Care Law and Policy
No abstract provided.
The Definition Of Disability: Perspective Of The Disability Community, Deborah Kaplan
The Definition Of Disability: Perspective Of The Disability Community, Deborah Kaplan
Journal of Health Care Law and Policy
No abstract provided.
Bragdon V. Abbott: Extending The Americans With Disabilities Act To Asymptomatic Individuals, Eugenia Liu
Bragdon V. Abbott: Extending The Americans With Disabilities Act To Asymptomatic Individuals, Eugenia Liu
Journal of Health Care Law and Policy
No abstract provided.
Defamatory E-Mail And Employer Liability: Why Razing Zeran V. America Online Is A Good Thing, Michael H. Spencer
Defamatory E-Mail And Employer Liability: Why Razing Zeran V. America Online Is A Good Thing, Michael H. Spencer
Richmond Journal of Law & Technology
Electronic mail ("e-mail") has taken its place as an integral part of communication in modern society. Unlike other forms of communication, e-mail can cheaply and efficiently be placed in a public domain for literally the world to see. These public areas, otherwise known as bulletin boards, have expanded society's ability to communicate over vast distances. Individuals or groups can also engage in mass communication, which involves a myriad of topics and concerns. Nevertheless, such electronic communications, as almost any other form of communication, can become volatile and create animosity among users. Hence, many of the remarks made in such exchanges …
Nlrb Remedies: Where Are They Going?, Leanord Page
Nlrb Remedies: Where Are They Going?, Leanord Page
Richmond Journal of Law and the Public Interest
The National Labor Relations Board's remedies are the vehicles through which the policies of the National Labor Relations Act are realized, and the means by which rights conferred by the Act are protected. Through the appropriate remedies, the Board ensures that conditions at the workplace are restored to those which existed before the onset of unlawful conduct. Effective remedies also deter unlawful conduct and promote voluntary compliance with the Act. Congress chose not to specify the precise remedies that would be available to the Board, understanding the Board's need for flexibility to meet diverse situations and those which Congress did …
The Gordian Knot: Uniting Skills And Substance In Employment Discrimination And Federal Taxation Courses, 33 J. Marshall L. Rev. 303 (2000), Barbara J. Busharis, Suzanne E. Rowe
The Gordian Knot: Uniting Skills And Substance In Employment Discrimination And Federal Taxation Courses, 33 J. Marshall L. Rev. 303 (2000), Barbara J. Busharis, Suzanne E. Rowe
UIC Law Review
No abstract provided.
Robert Kratovil Memorial Seminar In Construction Law - Multidisciplinary Practice: A Construction Law Perspective, 33 J. Marshall L. Rev. 413 (2000), Christopher L. Noble
Robert Kratovil Memorial Seminar In Construction Law - Multidisciplinary Practice: A Construction Law Perspective, 33 J. Marshall L. Rev. 413 (2000), Christopher L. Noble
UIC Law Review
No abstract provided.
Cash Balance Plans: They Work For Employers But Do They Work For Employees?, 34 J. Marshall L. Rev. 345 (2000), Deana Saxinger
Cash Balance Plans: They Work For Employers But Do They Work For Employees?, 34 J. Marshall L. Rev. 345 (2000), Deana Saxinger
UIC Law Review
No abstract provided.
Sexual Harassment In The Workplace: How Arbitrators Decide , Mollie H. Bowers, E. Patrick Mcdermott
Sexual Harassment In The Workplace: How Arbitrators Decide , Mollie H. Bowers, E. Patrick Mcdermott
Cleveland State Law Review
For thirty years courts and labor arbitrators have grappled with what constitutes sexual harassment and how to remedy such behavior. The Federal judiciary has developed case law on sexual harassment under Title VII of the Civil Rights Act of 1964. However, arbitrators addressing this issue under collective bargaining agreements have often treated similar fact patterns differently than jurists. In contrast, labor arbitrators decide culpability first, and then consider the appropriate remedy. In reconciling these separate paths for establishing standards of workplace conduct, the authors will provide a model that explains how arbitrators decide sexual harassment cases and how this model …
Iadimarco V. Runyon And Reverse Discrimination: Gaining Majority Support For Majority Plaintiffs, Maria A. Citeroni
Iadimarco V. Runyon And Reverse Discrimination: Gaining Majority Support For Majority Plaintiffs, Maria A. Citeroni
Cleveland State Law Review
This Note will argue that the Supreme Court should resolve the inconsistency within the federal system concerning the appropriate standard of proof in reverse discrimination disputes by adopting the reasoning set forth by the Third Circuit Court of Appeals. Section II will profile the history and purpose of Title VII, with emphasis on the "burden shifting" framework established by the Supreme Court to analyze claims of racial discrimination in the workplace. Section III will contrast the development of the "background circumstances" test applied by lower federal courts to discrimination claims brought by majority plaintiffs with the Supreme Court's recognition of …
Race Consciousness: Can Thick, Legal Contextual Analysis Assist Poor, Low-Status Workers Overcome Discriminatory Hurdles In The Fast Food Industry? A Reply To Regina Austin, 34 J. Marshall L. Rev. 245 (2000), Reginald Leamon Robinson
Race Consciousness: Can Thick, Legal Contextual Analysis Assist Poor, Low-Status Workers Overcome Discriminatory Hurdles In The Fast Food Industry? A Reply To Regina Austin, 34 J. Marshall L. Rev. 245 (2000), Reginald Leamon Robinson
UIC Law Review
No abstract provided.
Is Leaving Work To Obtain Safety "Good Cause" To Leave Employment?—Providing Unemployment Insurance To Victims Of Domestic Violence In Washington State, L'Nayim A. Shuman-Austin
Is Leaving Work To Obtain Safety "Good Cause" To Leave Employment?—Providing Unemployment Insurance To Victims Of Domestic Violence In Washington State, L'Nayim A. Shuman-Austin
Seattle University Law Review
This paper focuses on the unemployment compensation statutes, administrative law decisions, and the case law of Washington state and proposes that domestic violence creates involuntary unemployment and should, therefore, be considered a compelling good cause situation for provision of unemployment compensation benefits. Title 50 of the Revised Code of Washington, which provides the structure and provisions of unemployment compensation eligibility, should be liberally construed by agency officials and courts or amended so as to provide unemployment compensation benefits to victims of domestic violence who leave work to obtain safety.
Annual Survey Of Virginia Law: Labor And Employment Law, Thomas M. Winn Iii
Annual Survey Of Virginia Law: Labor And Employment Law, Thomas M. Winn Iii
University of Richmond Law Review
This article discusses four principal areas of employment and labor law in which there was significant activity in Virginia's courts and/or the legislature over the past year: (1) public policy wrongful discharge; (2) negligent hiring, retention, and supervision; (3) employment references; and (4) covenants not to compete and the employee's fiduciary duties owed to the employer. Beyond the scope of this article are decisions rendered in other areas of law affecting the employment relationship, including workers' compensation, unemployment, wage payment, and public sector employment.
Toward Equalization Of The Personal Retirement Savings Prerogatives Of Small Business Owners And Their Employees, Richard J. Kovach
Toward Equalization Of The Personal Retirement Savings Prerogatives Of Small Business Owners And Their Employees, Richard J. Kovach
Loyola University Chicago Law Journal
No abstract provided.
Employment Law: Classification In Oklahoma Public Employment: Does It Really Matter, Tom Ivester
Employment Law: Classification In Oklahoma Public Employment: Does It Really Matter, Tom Ivester
Oklahoma Law Review
No abstract provided.
An Analysis Of The Nlrb's "Runaway Shop" Doctrine In The Context Of Mid-Term Work Relocation Based On Union Labor Costs, Jan W. Sturner
An Analysis Of The Nlrb's "Runaway Shop" Doctrine In The Context Of Mid-Term Work Relocation Based On Union Labor Costs, Jan W. Sturner
Hofstra Labor & Employment Law Journal
No abstract provided.
Retaliatory Discharge For Attorney-Employees In Private Practice: To Do, Or Not To Do, The Right Thing, 33 J. Marshall L. Rev. 383 (2000), Terri Martin Kirik
Retaliatory Discharge For Attorney-Employees In Private Practice: To Do, Or Not To Do, The Right Thing, 33 J. Marshall L. Rev. 383 (2000), Terri Martin Kirik
UIC Law Review
No abstract provided.
Bitch V. Whore: The Current Trend To Define The Requirements Of An Actionable Hostile Environment Claim In Verbal Sexual Harassment Cases, 33 J. Marshall L. Rev. 465 (2000), Jamie Lynn Cook
UIC Law Review
No abstract provided.
Piercing The Corporate Veil To Recover Pension Payments: It's Time To Address The Issue, 33 J. Marshall L. Rev. 497 (2000), Nella Disanto
Piercing The Corporate Veil To Recover Pension Payments: It's Time To Address The Issue, 33 J. Marshall L. Rev. 497 (2000), Nella Disanto
UIC Law Review
No abstract provided.
"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, 34 J. Marshall L. Rev. 207 (2000), Regina Austin
"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, 34 J. Marshall L. Rev. 207 (2000), Regina Austin
UIC Law Review
No abstract provided.
Silencing Speech In The Workplace: Re-Examining The Use Of Specific Speech Injunctive Relief For Title Vii Hostile Environment Work Claims, 34 J. Marshall L. Rev. 321 (2000), Sonali Das
UIC Law Review
No abstract provided.
I Can't Work, Just Kidding, I Can: The Effects That Applying For Disability Benefits Have On An Ada Claim, John Bisordi
I Can't Work, Just Kidding, I Can: The Effects That Applying For Disability Benefits Have On An Ada Claim, John Bisordi
Villanova Law Review
No abstract provided.