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Articles 1 - 16 of 16
Full-Text Articles in Law
Categorically Black, White, Or Wrong: 'Misperception Discrimination' And The State Of Title Vii Protection, D. Wendy Greene
Categorically Black, White, Or Wrong: 'Misperception Discrimination' And The State Of Title Vii Protection, D. Wendy Greene
University of Michigan Journal of Law Reform
This Article exposes an inconspicuous, categorically wrong movement within antidiscrimination law. A band of federal courts have denied Title VII protection to individuals who allege “categorical discrimination”: invidious, differential treatment on the basis of race, religion, color, national origin, or sex. Per these courts, a plaintiff who self-identifies as Christian but is misperceived as Muslim cannot assert an actionable claim under Title VII if she suffers an adverse employment action as a result of this misperception and related animus. Though Title VII expressly prohibits discrimination on the basis of religion, courts have held that such a plaintiff’s claim of “misperception …
Institute Brief: Support Through Mentorship: Accessible Supervision Of Employees With Intellectual And Developmental Disabilities, John Kramer, Ashley Wolfe, Jean Winsor
Institute Brief: Support Through Mentorship: Accessible Supervision Of Employees With Intellectual And Developmental Disabilities, John Kramer, Ashley Wolfe, Jean Winsor
The Institute Brief Series, Institute for Community Inclusion
Effective supervision of employees with intellectual or developmental disabilities can be challenging for businesses that may not have experience in hiring people with diverse support requirements. This is largely due to the relatively low participation rates of people with disabilities in the workforce. This is, thankfully, changing as more businesses are seeing the value of diversifying their workforce, which includes hiring people with diverse cognitive abilities like people with intellectual or developmental disabilities.
Class Action Litigation After Dukes: In Search Of A Remedy For Gender Discrimination In Employment, Cindy A. Schipani, Terry Morehead Dworkin
Class Action Litigation After Dukes: In Search Of A Remedy For Gender Discrimination In Employment, Cindy A. Schipani, Terry Morehead Dworkin
University of Michigan Journal of Law Reform
In this Article we argue for substantial reforms to our system of combating workplace gender discrimination in light of the Supreme Court's ruling in Wal-Mart Stores, Inc. v. Dukes. To help counter discrimination victims' decreasing access to the courts, our proposals call for a narrow construction of the holding of Dukes. At the same time, agencies such as the Equal Employment Opportunity Commission (EEOC), the Office of Federal Contract Compliance Programs (OFCCP), and the Securities and Exchange Commission (SEC) can better use their regulatory authority to address gender discrimination. Further, regulatory agencies, arbitrators, and courts can mandate mentoring programs to …
The Ugly Truth About Appearance Discrimination And The Beauty Of Our Employment Discrimination Law, William R. Corbett
The Ugly Truth About Appearance Discrimination And The Beauty Of Our Employment Discrimination Law, William R. Corbett
William R. Corbett
The keynote speaker for the conference begins by reminding the audience that a mere quarter of a century earlier there was no federal law that expressly prohibited discrimination in employment based on physical appearance. Considering the difficulty of crafting and enacting an appearance-based employment discrimination law should lead to a fuller appreciation of not only our employment discrimination laws generally, but also the Americans with Disabilities Act specifically.
Privacy In The Workplace, Mark G. Flaherty
Privacy In The Workplace, Mark G. Flaherty
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
At-Will Employment: An Overview, Theodore J. St. Antoine
At-Will Employment: An Overview, Theodore J. St. Antoine
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Aids, Employment And The Law, American Bar Association; Aids Coordinating Committee
Aids, Employment And The Law, American Bar Association; Aids Coordinating Committee
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Should Employers Use Polygraphs To Screen Prospective Employees?, Mark A. Rothstein
Should Employers Use Polygraphs To Screen Prospective Employees?, Mark A. Rothstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Implications Of Substance Abuse Testing In The Workplace, Michael S. Cecere, Phillip B. Rosen
Legal Implications Of Substance Abuse Testing In The Workplace, Michael S. Cecere, Phillip B. Rosen
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
What The Awards Tell Us About Labor Arbitration Of Employment Discrimination Claims, Ariana R. Levinson
What The Awards Tell Us About Labor Arbitration Of Employment Discrimination Claims, Ariana R. Levinson
University of Michigan Journal of Law Reform
This Article contributes to the debate over mandatory arbitration of employment-discrimination claims in the unionized sector. In light of the proposed prohibition on union waivers in the Arbitration Fairness Act, this debate has significant practical implications. Fundamentally, the Article is about access to justice. It examines 160 labor arbitration opinions and awards in employment-discrimination cases. The author concludes that labor arbitration is a forum in which employment-discrimination claims can be-and, in some cases, are-successfully resolved. Based upon close examination of the opinions and awards, the Article recommends legislative improvements in certain cases targeting statutes of limitations, compulsory process, remedies, class …
Equal Exposure Brews Frustration For Employees: Court Filters Personal Comfort Doctrine Through Workers' Compensation Amendments, Breanna Hance
Equal Exposure Brews Frustration For Employees: Court Filters Personal Comfort Doctrine Through Workers' Compensation Amendments, Breanna Hance
Missouri Law Review
This Note will examine the status of the “arising out of and in the course of employment” requirement after Johme. Part II begins with an analysis of the facts and holding of Johme. Next, Part III synthesizes the background of workers’ compensation laws in Missouri, including the establishment of the workers’ compensation system, the development of the personal comfort doctrine, the 2005 statutory revisions, and two post-2005 cases interpreting the changes. Part IV outlines the court’s rationale in deciding Johme. Finally, Part V discusses the impact of Johme on the “arising out of and in the course of employment” requirement. …
Whose Social Network Account: A Trade Secret Approach To Allocating Rights, Zoe Argento
Whose Social Network Account: A Trade Secret Approach To Allocating Rights, Zoe Argento
Michigan Telecommunications & Technology Law Review
Who has the superior right to a social network account? This is the question in a growing number of disputes between employers and workers over social network accounts. The problem has no clear legal precedent. Although the disputes implicate rights under trademark, copyright, and privacy law, these legal paradigms fail to address the core issue. At base, disputes over social network accounts are disputes over the right to access the people, sometimes numbering in the tens of thousands, who follow an account. This Article evaluates the problem from the perspective of the public interest in social network use, particularly the …
Decoding Civility, Kerri Lynn Stone
Decoding Civility, Kerri Lynn Stone
Faculty Publications
If women outnumber men in graduate schools and are entering professional and other workplaces in unprecedented numbers, and if Title VII has aimed to eradicate workplace discrimination for almost fifty years, why are women still so woefully underrepresented at the highest levels of power, leadership, wealth, and prestige in the contemporary workplace? This Article is about abusive speech in the workplace. It explores how the expression of bias in the workplace has evolved and been shaped by anti-discrimination legislation and jurisprudence. It identifies a category of biased speech that eludes prosecution under Title VII. Moreover, this Article seeks to provide …
Flexible Scheduling And Gender Equiality: The Working Families Flexibility Act Under The Fourteenth Amendment, Lane C. Powell
Flexible Scheduling And Gender Equiality: The Working Families Flexibility Act Under The Fourteenth Amendment, Lane C. Powell
Michigan Journal of Gender & Law
The Working Families Flexibility Act (“WFFA”) as proposed in 2012 would create a federal right for employees to request flexible work arrangements. However, the bill contains no private right of action for employees to enforce this new right. By reframing the WFFA as an anti-discrimination statute targeting unconstitutional sex discrimination on the part of the States, the WFFA could be upheld under Section 5 of the Fourteenth Amendment, allowing Congress to provide a private right of action for both private and state employees. This Note uses the Supreme Court’s decisions on the Family Medical Leave Act in Hibbs and Coleman …
A Supreme Court Ruling That's About Way More Than Preemption, Nancy Polikoff
A Supreme Court Ruling That's About Way More Than Preemption, Nancy Polikoff
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Employment Law And Social Equality, Samuel R. Bagenstos
Employment Law And Social Equality, Samuel R. Bagenstos
Michigan Law Review
What is the normative justification for individual employment law? For a number of legal scholars, the answer is economic efficiency. Other scholars argue, to the contrary, that employment law protects against (vaguely defined) imbalances of bargaining power and exploitation. Against both of these positions, this Article argues that individual employment law is best understood as advancing a particular conception of equality. That conception, which many legal and political theorists have called social equality, focuses on eliminating hierarchies of social status. This Article argues that individual employment law, like employment discrimination law, is justified as preventing employers from contributing to or …