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University of Michigan Law School

Michigan Journal of Race and Law

Labor and Employment Law

Unemployment

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Have A Job To Get A Job: Disparate Treatment And Disparate Impact Of The 'Currently Employed' Requirement, Jennifer Jolly-Ryan Sep 2012

Have A Job To Get A Job: Disparate Treatment And Disparate Impact Of The 'Currently Employed' Requirement, Jennifer Jolly-Ryan

Michigan Journal of Race and Law

Countless people struggle to find a job in a competitive job market despite possessing solid qualifications. Although the news media reports that job numbers are improving, the problems of unemployment particularly loom for people of color, older workers, and people with disabilities. These groups are often unemployed longer than other job seekers. These groups also suffer the disparate impact of job advertisements that require "current employment" as a prerequisite for hiring. The harsh reality is that the longer a job seeker is unemployed, the closer a job seeker becomes to becoming permanently unemployed. Job advertisements that require "current employment" exacerbate …


Employee Free Choice Or Employee Forged Choice? Race In The Mirror Of Exclusionary Hierarchy, Harry G. Hutchinson Jan 2010

Employee Free Choice Or Employee Forged Choice? Race In The Mirror Of Exclusionary Hierarchy, Harry G. Hutchinson

Michigan Journal of Race and Law

The Employee Free Choice Act (EFCA) is arguably the most transformative piece of labor legislation to come before Congress since the enactment of the National Labor Relations Act of 1935 (NLRA). One of the newest attempts to transform labor relations is the EFCA. The first to disappear under the EFCA would be a system of union democracy whereby unions could only obtain the rights of exclusive representation for firms if they could prevail in a secret-ballot election. Second, the EFCA would eliminate tile necessity of a freely negotiated collective bargaining agreement between management and labor and instead substitute compulsory arbitration. …