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Articles 1 - 8 of 8
Full-Text Articles in Law
The Personal Responsibility And Work Opportunity Act Of 1996: Poison Pills For Legal Immigrants, Meredith Barton, Deborah M. Chandler
The Personal Responsibility And Work Opportunity Act Of 1996: Poison Pills For Legal Immigrants, Meredith Barton, Deborah M. Chandler
Richmond Journal of Law and the Public Interest
Former president Ronald Reagan's vision of America as this shining city ended Thursday, August 23, 1996, when President Bill Clinton signed his name to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, considered the most farreaching welfare reform package in history. Although the Congressional Budget Office (CBO) estimates that the federal government will save over $57 billion between fiscal year 1997 and fiscal year 2002, this welfare reform package profoundly impacts immigrants, particularly legal immigrants. Overall 44% of federal savings (approximately $23.8 billion) stems from denying public assistance benefits to legal immigrants. This new welfare legislation directly …
Adea Doctrinal Impediments To The Fulfillment Of The Wirtz Report Agenda, Michael C. Harper
Adea Doctrinal Impediments To The Fulfillment Of The Wirtz Report Agenda, Michael C. Harper
University of Richmond Law Review
Ideally, this symposium marking the three-decade anniversary of the Age Discrimination in Employment Act (ADEA) would present an opportunity to assess how well the ADEA has achieved its plausible goals. However, I recognize that any definitive assessment of the success of a statute like the ADEA, which requires the modification of the behavior of social actors, must depend on the kind of sophisticated empirical study for which I have neither the time, resources or capability. I also recognize that defending my identification of the goals of the ADEA might itself require an entire essay.
The Personal Responsibility And Work Opportunity Act Of 1996: Poison Pills For Legal Immigrants, Meredith Barton, Deborah M. Chandler
The Personal Responsibility And Work Opportunity Act Of 1996: Poison Pills For Legal Immigrants, Meredith Barton, Deborah M. Chandler
Richmond Public Interest Law Review
Former president Ronald Reagan's vision of America as this shining city ended Thursday, August 23, 1996, when President Bill Clinton signed his name to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, considered the most farreaching welfare reform package in history. Although the Congressional Budget Office (CBO) estimates that the federal government will save over $57 billion between fiscal year 1997 and fiscal year 2002, this welfare reform package profoundly impacts immigrants, particularly legal immigrants. Overall 44% of federal savings (approximately $23.8 billion) stems from denying public assistance benefits to legal immigrants. This new welfare legislation directly …
The Age Discrimination In Employment Act At Thirty: Where It's Been, Where It Is Today, Where It's Going, Howard C. Eglit
The Age Discrimination In Employment Act At Thirty: Where It's Been, Where It Is Today, Where It's Going, Howard C. Eglit
University of Richmond Law Review
Thirty-three years ago, in the course of debating the legislation that eventually was enacted into law as the Civil Rights Act of 1964, Congress began-albeit very tentatively-to address age discrimination in the workplace. While it rejected attempts to amend the 1964 bill to include age within the then-pending menu of proscribed bases for workplace decision-making, i.e., race, color, national origin, religion, and sex, Congress did direct the Secretary of Labor to undertake a study to ascertain the nature and extent of age bias in employment and to make recommendations for dealing with this discrimination, if it in fact existed.
Retirement Incentives In The Twenty First Century: The Move Toward Employer Control Of The Adea, Judith A. Mcmorrow
Retirement Incentives In The Twenty First Century: The Move Toward Employer Control Of The Adea, Judith A. Mcmorrow
University of Richmond Law Review
Retirement has become an increasingly important topic of public policy discussion in the United States, as well as an accepted, and even cherished, goal for many American workers. Consequently, it is not surprising that the Age Discrimination in Employment Act (ADEA) recognized, somewhat inartfully, the importance of retirement. When originally passed, the ADEA expressly provided an exemption for any bona fide employee benefit plan such as a retirement, pension, or insurance plan, which is not a subterfuge to evade the purposes of the ADEA. In 1986, Congress amended the ADEA to eliminate mandatory retirement, but made clear in its legislative …
Does Pretext Plus Age Equal The Sum Of The Judgement?, Susan Childers North
Does Pretext Plus Age Equal The Sum Of The Judgement?, Susan Childers North
University of Richmond Law Review
In deciding cases under the Age Discrimination in Employment Act (ADEA), several circuit courts of appeals have interpreted the tripartite test set forth in McDonnell Douglas v. Green to mean that a plaintiff could prevail in proving individual disparate treatment by proving a prima facie case and that the employer's proffered reasons were a pretext. The Third, Seventh and Eighth Circuits concluded that a showing that a proffered justification is pretextual is equivalent to a finding that the employer intentionally discriminated. In other words, "the plaintiff is entitled to judgment as a matter of law when, in the third stage …
Wards Cove Packing Or Not Wards Cove Packing? That Is Not The Question: Some Thoughts On Impact Analysis Under The Age Discrimination In Employment Act, Mack A. Player
University of Richmond Law Review
Assume two employers, A and B. Each gives a separate objective test to select employees for a particular position. Employer A utilizes a pen-and-paper, multiple choice examination that has questions in three major categories: 1) biology and genetics which includes DNA theory, cloning, etc.; 2) astrophysics, with questions about time, space, light relationships, "black holes," novas, etc. and 3) microprocessor engineering, the internet, silicon chips, and the like.
Organized Labor As Shareholder Activist: Building Coalitions To Promote Worker Capitalism, Marleen A. O'Connor
Organized Labor As Shareholder Activist: Building Coalitions To Promote Worker Capitalism, Marleen A. O'Connor
University of Richmond Law Review
In the past, the traditional question posed by unions was: "which side are you on?"--presenting a clear choice between labor and capital. As membership and bargaining power fall, however, unions are asserting their rights as shareholders to influence corporate decision making outside the conventional labor law framework. Because the National Labor Relations Act does not adequately protect workers' rights, unions have devised innovative methods as shareholders to exercise unprecedented power over managers. In only a few years, labor-shareholders have become highly visible players in the institutional shareholder movement. As a group, labor-shareholders submit one of the largest numbers of shareholder …