Law Commons^™

Nondomination And The Ambitions Of Employment Law, Aditi Bagchi

Faculty Scholarship

There is something missing in existing discussions of domination. While republican theory and critical legal theory each have contributed significantly to our understanding of domination, their focus on structural relationships and group subordination can leave out of focus the individual wrongs that make up domination, each of which is an unjustified exercise of power by one person over another. Private law (supported by private law theory) plays an important role in filling out our pictures of domination and the role of the state in limiting it. Private law allows us to recognize domination in wrongs by one person against another, …

Lowering The Stakes Of The Employment Contract, Aditi Bagchi

Faculty Scholarship

Every country has to make hard choices about the distribution of entitlements. But employers control the entitlements that individual Americans enjoy to a far greater extent than those in other rich democracies. In this Essay, I argue that, in the absence of the political consensus necessary to deliver state solutions to political questions, employers here are assigned an exaggerated role in employees’ lives. Government incentives for and directives to employers have become a strategy of political deflection. The effect has been to raise the stakes of employment well beyond the scope of those terms and conditions that relate to attracting …

Inoculating Title Vii: The “Undue Hardship” Standard And Employer-Mandated Vaccination Policies, Mary-Lauren Miller

Fordham Law Review

The widespread administration of a vaccine is essential to bringing an end to the COVID-19 pandemic. Employers can contribute to this goal by requiring employees to be vaccinated. The ability of employers to impose vaccine mandates is theoretically limited in part by Title VII of the Civil Rights Act of 1964, which requires employers to accommodate religious employees unless doing so would impose an “undue hardship” on the employer. Under the current interpretation of undue hardship, employers typically cannot face legal liability for denying accommodations to employees refusing to receive an employer-mandated vaccine on religious grounds, though some employers may …

El Gran Ausente De Las Discusiones Laborales: La Migración, Jennifer Gordon

Faculty Scholarship

No abstract provided.

Investing In Low-Wage Jobs Is The Wrong Way To Reduce Migration, Jennifer Gordon

Faculty Scholarship

No abstract provided.

Time To Retire: Is Lifetime Employment In Japan Still Viable?, Sayuri A. Shimoda

Fordham International Law Journal

Given the rich literature regarding lifetime employment, the purpose of this Comment is to provide an overview of the evolution of this system as well as hlight broader policy implications for the Japanese economy and society. Part I will provide background information on lifetime employment including an overview of the main theories that explain the origins of lifetime employment, its relationship to labor laws in Japan, and provide a comparison between employment systems in the United States and Japan. Part II attempts to answer the frequently asked question, “is lifetime employment disappearing?” by considering existing quantitative studies as well as …

Ban The Box: A Call To The Federal Government To Recognize A New Form Of Employment Discrimination, Christina O'Connell

Fordham Law Review

As the number of Americans with criminal histories grows significantly, states and cities across the nation have reacted by adopting ban-the-box laws. Ban-the-box laws received their name because they ban the criminal history box on initial hiring documents. The goal of the ban-the-box movement is to promote job opportunities for persons with criminal records by limiting when an employer can conduct a background check during the hiring process and encouraging employers to take a holistic approach when assessing an applicant's fit for a position.

There is no federal ban-the-box law, but states have taken varying approaches to adopting ban-the-box statutes. …

Who Owns Bratz? The Integration Of Copyright And Employment Law, Michael D. Birnhack

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Love They Neighbor: Should Religious Accommodations That Negatively Affect Coworkers' Shift Preferences Constitute And Undue Harship On The Employer Under Title Vii?, Rachel M. Birnbach

Fordham Law Review

In applying Title VII, courts are often confronted with proposed religious accommodations that would negatively affect other employees and must decide whether such an accommodation amounts to an undue hardship on the employer. However, there is a conflict among circuit courts over the scope of an employer’s duty to accommodate religious employees when doing so would negatively affect coworkers’ scheduling preferences, outside the context of a collective bargaining agreement. The conflict turns on whether courts consider any negative impact on coworkers to amount to impermissible preferential treatment, or whether they require that the defendant demonstrate a more severe impact on …

Targeting Workplace Context: Title Vii As A Tool For Institutional Reform, Tristin K. Green

Fordham Law Review

No abstract provided.

Statutory Limitations On Civil Rights Of People With Criminal Records, Debbie A. Mukamal, Paul N. Samuels

Fordham Urban Law Journal

State and federal statutory restrictions limit the civil rights of individuals with criminal records and create a barrier to reentry into society. The article explores eight specific areas of restriction: (1) ability to obtain employment, (2) eligibility for public housing, (3) eligibility for public assistance and food stamps, (4) eligibility for student loans, (5) access to records for non-criminal justice purposes, (6) voting rights, (7) drivers' licenses privileges, and (8) rights to be foster and adoptive parents. Finally, the article argues that the government has an obligation ensure fairness and opportunities to reenter society for people with such records.

Day Laborers, Friend Or Foe: A Survey Of Community Responses, Mauricio A. Espana

Fordham Urban Law Journal

This comment discusses the various ways that communities that benefit from day laborers respond to the presence of the "underground" employment phenomenon. Part I provides some background into the day laborers' situation, livelihood, and legal rights. Part II discusses the competing issues faced by day laborers, as well as the issues the laborers present to community residents, employers, and the United States Government. Finally, Part III discusses the different solutions that communities confronted with day laborers have proposed and implemented, and concludes that it is in the best interests of all parties involved that communities accept day labors and accommodate …

Risk Reduction In Office Workplace Encounters Between Newly-Disabled Employees And Management Of New York City Companies, Marta B. Varela

Fordham Urban Law Journal

This Article describes potential pitfalls for employers arising from the ADA protections afforded to employees with no prior record of disability returning to work after medical certification of a disability requiring accommodation. The Article describes Federal laws protecting disabled employees from unnecessary intrusion in their private lives (such as the Americans with Disabilities Act of 1990, the Family Medical Leave Act of 1993, and the Occupation Health and Safety Act of 1970) and sets out the requirements imposed on employers. The Article also describes New York City disability laws enforced by the New York City Commission on Human Rights. Finally, …

Protection Of Domestic Violence Victims Under The New York City Human Rights Law's Provisions Prohibiting Discrimination On The Basis Of Disability, Marta B. Varela

Fordham Urban Law Journal

This Article analyzes the need to create a new protected class of domestic violence victims to shield them from discrimination in employment. The Article examines arguments for and against proposed legislation to revise the human rights law governing disability, section 8-107 of the New York City Administration Code. The Article concludes that this legislation is unnecessary because the law already provides sufficient protection to domestic violence victims without requiring that victims disclose their domestic violence status to their employers.

A Title I Dilemma: May Disabled Former Employees Sue For Discrimination Regarding Post-Employment Benefits, Jason D. Myers

Fordham Law Review

No abstract provided.

Maneuvering Through The Labryinth: The Employers' Paradox In Responding To Hostile Environment Sexual Harassment —A Proposed Way Out, Estelle D. Franklin

Fordham Law Review

No abstract provided.

Workfare Wages Under The Fair Labor Standards Act, Walter M. Luers

Fordham Law Review

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Adapting Title Vii To Modern Employment Realities: The Case For The Unpaid Intern, Craig J. Ortner

Fordham Law Review

No abstract provided.

Labor Law Obstacles To The Collective Negotiation And Implementation Of Employee Stock Ownership Plans: A Response To Henry Hansmann And Other "Survivalists", Jeffrey M. Hirsch

Fordham Law Review

No abstract provided.

Protecting Older Americans Working For Foreign Employers From Age Discrimination In Employment, Lisa A. Butler-Brust

Fordham Law Review

No abstract provided.

Fairness And Finality: Third-Party Challenges To Employment Discrimination Consent Decrees After The 1991 Civil Rights Act , Majorie A. Silver

Fordham Law Review

In this Article, Professor Silver examines Section 108 of the Civil Rights Act of 1991, which limits challenges to employment practices taken pursuant to employment discrimination consent decrees. The Article traces the development of the impermissible collateral attack doctrine, that doctrine's demise in Martin v. Wilks, and Congress' response to Martin as embodied in Section 108. Professor Silver also suggests ways in which Section 108 should be administered to comply with the Due Process Clause and argues for specific additional federal legislation to protect non-litigants or potential third-party challengers as well as to foster the utility and finality of legitimate …

Ethical Issues Arising When A Lawyer Leaves A Firm: Restrictions On Practice, Daniel J. Capra, Richard Friedman, Arthur Handler, Diana Parker

Fordham Urban Law Journal

Restriction on covenants not to compete have been a long-time feature of legal practice. Rules prohibiting law firms from restricting lawyers' ability to practice or imposing penalties on lawyers that leave a firm attempt to balance the law firm's interest in survival in a competitive market with the countervailing interests of attorney mobility, and protecting clients' choice of counsel. Restrictions on covenants not to compete should be vigorously enforced, and the exception that allows for the forfeiture of retirement benefits by attorneys that choose to leave a firm should be narrowly applied to only those funds to which the departing …

Five Year Report Of The New York Judicial Committee On Women In The Courts, The Judicial Committee On Women In The Courts

Fordham Urban Law Journal

In response to a report submitted by the Judicial Committee on Women, which concluded gender bias to be a "pervasive problem" in the New York State Court System, a Task Force was created to implement the recommendations of that committee. The Five Year Report is a summary of the work done by the Committee and notes the progress made in the fight for more gender equality in our courts. The Committee concluded that although significant progress has been made, there is still a long way to go in the fight for gender equality.

The Duty Of Fair Representation Under The Taylor Law: Supreme Court Development, New York State Adoption And A Call For Independence, Vincent Martin Bonventre

Fordham Urban Law Journal

The duty of fair representation in labor negotiations was born in Supreme Court case law to protect against racial discrimination and as a bastion of individuals’ interests during exclusive union representation in the collective bargaining process. The law later became as much a prescription for deference to unions as a protector from arbitrary union rule. As it currently stands, the law has become a minimal safeguard against wholly irrational and invidious union conduct far from the original guarantee of competent and committed union representation. Almost 25 years after the Supreme Court recognized a duty of fair representation in federal labor …

Undue Hardship: Title I Of The Americans With Disabilities Act, Julie Brandfield

Fordham Law Review

No abstract provided.

Minimum Physical Standards–Safeguarding The Rights Of Protective Service Workers Under The Age Discrimination In Employment Act, Meryl G. Finkelstein

Fordham Law Review

No abstract provided.

Bias And The Loudermill Hearing: Due Process Or Lip Service To Federal Law?, Robert, Jr. F. Maslan

Fordham Law Review

No abstract provided.

Private Clubs And Employment Discrimination: Does Federal Law Apply?, Elyse Hilton

Fordham Urban Law Journal

This Note examines the general history and function of Title VII and section 1981 of the civil rights law. The author discusses the problems inherent in defining an organization as a private club, for purposes of employment non-discrimination efforts. The Note examines statutory construction and legislative history, as well as case law to assess arguments as to whether Title VII impliedly amends section 1981 with respect to the private club exemption. The author argues that membership discrimination cases in the case law differ radically from employment discrimination cases, which address entirely different sets of rights. The argument concludes therefore that …

Sending Notice To Potential Plaintiffs In Class Actions Under The Age Discrimination In Employment Act: The Trial Court's Role, David Jon Wolfsohn

Fordham Law Review

No abstract provided.

Consideration For Employee Noncompetition Covenants In Employments At Will, Kathryn J. Yates

Fordham Law Review

No abstract provided.