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Articles 1 - 25 of 25
Full-Text Articles in Law
Covid-19 Employee Health Checks, Remote Work, And Disability Law, Elizabeth Pendo
Covid-19 Employee Health Checks, Remote Work, And Disability Law, Elizabeth Pendo
All Faculty Scholarship
The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities, about 61 million individuals in the U.S. The law’s protections in the workplace are especially important during COVID-19, which has worsened pre-existing disparities experienced by people with disabilities. The ADA also applies to new strategies to reduce the risk of COVID-19 infection in the workplace. This Chapter will focus on two strategies that impact individuals with and without disabilities – employee health screening, testing and vaccination policies, and new or expanded remote work programs.
Algorithms At Work: Productivity Monitoring Applications And Wearable Technology As The New Data-Centric Research Agenda For Employment And Labor Law, Ifeoma Ajunwa
Saint Louis University Law Journal
Recent work technology advancements such as productivity monitoring software applications and wearable technology have given rise to new organizational behavior regarding the management of employees and also prompt new legal questions regarding the protection of workers’ privacy rights. In this Article, I argue that the proliferation of productivity monitoring applications and wearable technologies will lead to new legal controversies for employment and labor law. In Part I, I argue that productivity monitoring applications will prompt a reckoning of the balance between the employer’s pecuniary interests in monitoring productivity and the employees’ privacy interests. Ironically, such applications may also be both …
Discrimination In Online Employment Recruiting, Pauline T. Kim, Sharion Scott
Discrimination In Online Employment Recruiting, Pauline T. Kim, Sharion Scott
Saint Louis University Law Journal
Employment recruitment is increasingly moving online as employers use Facebook and other social media platforms to advertise job opportunities. This shift to online advertising allows employers to more precisely target workers likely to apply, but also raises concerns about unfair exclusion. This essay explains the mechanisms through which online recruiting can produce discriminatory effects and examines the question of when employers will be liable under existing employment discrimination laws. Both Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act contain little-noticed provisions that specifically forbid discriminatory advertising, in addition to their general prohibitions …
Hidden From View: Disability, Segregation And Work, Elizabeth Pendo
Hidden From View: Disability, Segregation And Work, Elizabeth Pendo
All Faculty Scholarship
The employment provisions of the Americans with Disabilities Act of 1990 were intended to bring working-age people with disabilities into the workplace by providing options for them to seek and gain meaningful, integrated employment. Although the ADA has made significant gains, the rate of progress in employment has been disappointing. While the lack of progress of people with disabilities in the traditional workplace has received attention, the work done by many, especially those with severe disabilities in segregated workplaces, remains hidden in sheltered workshops. This chapter explores the intersection of the concepts of disability, invisibility, and work and identifies the …
Numerical Goals For Employment Of People With Disabilities By Federal Agencies And Contractors, Mark C. Weber
Numerical Goals For Employment Of People With Disabilities By Federal Agencies And Contractors, Mark C. Weber
Saint Louis University Journal of Health Law & Policy
This essay discusses recent developments concerning numerical goals for employing workers with disabilities by federal agencies and federal contractors. On May 15, 2014, the Equal Employment Opportunity Commission issued an Advance Notice of Proposed Rulemaking asking for comments about, among other things, placing on federal agencies numerical employment goals for individuals with disabilities. On September 24, 2013, the Office of Federal Contract Compliance Programs adopted a Final Rule that imposed on federal contractors a numerical utilization goal for employees with disabilities, a regulation that the Circuit Court of Appeals for the District of Columbia upheld against challenge in 2014. A …
Identifying (With) Disability: Using Film To Teach Employment Discrimination, Elizabeth Pendo
Identifying (With) Disability: Using Film To Teach Employment Discrimination, Elizabeth Pendo
All Faculty Scholarship
Building on a prior article about using film to teach health law, this Essay is intended to share my experience using the film Philadelphia as a method of enhancing coverage and discussion of the employment provisions of the Americans with Disabilities Act (ADA), and to provide an opportunity for recognition of, and identification with, the experiences of people with disabilities.
Participation As A Theory Of Employment, Matthew T. Bodie
Participation As A Theory Of Employment, Matthew T. Bodie
All Faculty Scholarship
The concept of employment is an important legal category, not only for labor and employment law, but also for intellectual property law, torts, criminal law, and tax. The right-to-control test has dominated the debate over the definition of “employee” since its origins in the master-servant doctrine. However, the test no longer represents our modern notion of what it means to be an employee. This change has played itself out in research on the theory of the firm, which has shifted from a model of control to a model of participation in a team production process. This Article uses the theory …
Identifying (With) Disability: Using Film To Teach Employment Discrimination, Elizabeth Pendo
Identifying (With) Disability: Using Film To Teach Employment Discrimination, Elizabeth Pendo
All Faculty Scholarship
Building on a prior article about using film to teach health law, this Essay is intended to share my experience using the film Philadelphia as a method of enhancing coverage and discussion of the employment provisions of the Americans with Disabilities Act (ADA), and to provide an opportunity for recognition of, and identification with, the experiences of people with disabilities.
Teaching Employment And Labor Law Symposium, Susan A. Fitzgibbon
Teaching Employment And Labor Law Symposium, Susan A. Fitzgibbon
Saint Louis University Law Journal
No abstract provided.
Collaboration And Community: The Labor Law Group And The Future Of Labor And Employment Casebooks, Matthew T. Bodie
Collaboration And Community: The Labor Law Group And The Future Of Labor And Employment Casebooks, Matthew T. Bodie
Saint Louis University Law Journal
No abstract provided.
Teaching Employment Discrimination Law, Virtually, Miriam A. Cherry
Teaching Employment Discrimination Law, Virtually, Miriam A. Cherry
Saint Louis University Law Journal
No abstract provided.
The Capstone Course In Labor And Employment Law: A Comprehensive Immersion Simulation Integrating Law, Lawyering Skills, And Professionalism, Laura J. Cooper
The Capstone Course In Labor And Employment Law: A Comprehensive Immersion Simulation Integrating Law, Lawyering Skills, And Professionalism, Laura J. Cooper
Saint Louis University Law Journal
No abstract provided.
Constructing A Comprehensive Curriculum In Labor And Employment Law, Martin H. Malin
Constructing A Comprehensive Curriculum In Labor And Employment Law, Martin H. Malin
Saint Louis University Law Journal
No abstract provided.
Identifying (With) Disability: Using Film To Teach Employment Discrimination, Elizabeth Pendo
Identifying (With) Disability: Using Film To Teach Employment Discrimination, Elizabeth Pendo
Saint Louis University Law Journal
No abstract provided.
Shortcuts In Employment Discrimination Law, Kerri Lynn Stone
Shortcuts In Employment Discrimination Law, Kerri Lynn Stone
Saint Louis University Law Journal
Are employment discrimination plaintiffs viewed by society and by judges with an increased skepticism? This Article urges that the same actor inference, the stray comment doctrine, and strict temporal nexus requirements, as courts have applied them, make up a larger and dangerous trend in the area of employment discrimination jurisprudence—that of courts reverting to special, judge-made “shortcuts” to curtail or even bypass analysis necessary to justify the disposal or proper adjudication of a case. This shorthand across different doctrines reveals a willingness of the judiciary to proxy monolithic assumptions for the individualized reasoned analyses mandated by the relevant antidiscrimination legislation. …
A Data-Driven Snapshot Of Labor And Employment Law Professors, Richard A. Bales
A Data-Driven Snapshot Of Labor And Employment Law Professors, Richard A. Bales
Saint Louis University Law Journal
This Article provides a data-driven snapshot of the law school faculty members who teach Labor and Employment Law. Among its findings are the following:
- The teaching of Labor Law is declining and the teaching of Employment Law is rising.
- Men dominate the teaching of Labor Law, but women have mostly narrowed the gap in Employment Law.
- The other courses taught by Labor and Employment Law faculty members are highly sex-segregated. For example, Employment Law faculty members who also teach Family Law or Property are overwhelmingly likely to be women, and Employment Law faculty members who also teach Constitutional Law, Civil …
Race, Sex And Genes At Work: Uncovering The Lessons Of Norman-Bloodsaw, Elizabeth Pendo
Race, Sex And Genes At Work: Uncovering The Lessons Of Norman-Bloodsaw, Elizabeth Pendo
All Faculty Scholarship
The Genetic Information Nondiscrimination Act of 2008 (“GINA”) is the first federal, uniform protection against the use of genetic information in both the workplace and health insurance. Signed into law on May 21, 2008, GINA prohibits an employer or health insurer from acquiring or using an individual’s genetic information, with some exceptions. One of the goals of GINA is to eradicate actual, or perceived, discrimination based on genetic information in the workplace and in health insurance. Although the threat of genetic discrimination is often discussed in universal terms - as something that could happen to any of us - the …
Back To Color Blindness: Recent Developments In Race Discrimination Law In The United States, Marcia L. Mccormick
Back To Color Blindness: Recent Developments In Race Discrimination Law In The United States, Marcia L. Mccormick
All Faculty Scholarship
The United States has a long and somewhat conflicted history of espousing egalitarian values and yet tolerating a certain level of subordination of particular groups to a greater or lesser extent at the same time. Like many countries, it struggles with reconciling the goals of equality, pluralism, and liberty, and the balance has been struck differently at different times. In the current wave of such efforts, the Supreme Court is marking an increasingly formalist approach to the question of discrimination, while Congress appears to be pushing a slightly more substantive approach to discrimination. This short paper analyzes the Court’s recent …
The Role Of Law In Economic Markets: Recent Cases Of The European Court Of Justice In Employment Law, Rolf Wank
The Role Of Law In Economic Markets: Recent Cases Of The European Court Of Justice In Employment Law, Rolf Wank
Saint Louis University Law Journal
No abstract provided.
Teaching Employment Discrimination, Angela Onwuachi-Willig
Teaching Employment Discrimination, Angela Onwuachi-Willig
Saint Louis University Law Journal
No abstract provided.
Complying With Export Laws Without Importing Discrimination Liability: An Attempt To Integrate Employment Discrimination Laws And The Deemed Export Rules, Sandra F. Sperino
Complying With Export Laws Without Importing Discrimination Liability: An Attempt To Integrate Employment Discrimination Laws And The Deemed Export Rules, Sandra F. Sperino
Saint Louis University Law Journal
No abstract provided.
Decentering The Firm: The Limited Liability Company And Low Wage Immigrant Women Workers, Miriam A. Cherry
Decentering The Firm: The Limited Liability Company And Low Wage Immigrant Women Workers, Miriam A. Cherry
All Faculty Scholarship
Congress is now considering radical changes to the immigration system. This article looks at the immigration issue as a labor and employment law question, and proposes a possible solution based on this approach.
I suggest that forming Limited Liability Companies (LLCs) will benefit low-wage immigrant women workers by transforming them into business owners. By using existing legal structures to their benefit, low-wage women workers can curtail at least a portion of the exploitation that they currently experience. Instead of being hired to perform a job, having the intermediary take a cut, and then pay them some amount out of that, …
The Allure And Danger Of Practicing Law As Taxonomy, Marcia L. Mccormick
The Allure And Danger Of Practicing Law As Taxonomy, Marcia L. Mccormick
All Faculty Scholarship
In this article, I hope to contribute to the ongoing debate on how our society treats the problem of discrimination. Many scholars have criticized the types of antidiscrimination statutes we have enacted as well as the ways in which the courts have interpreted those laws. While I agree with many of these critiques, rather than tackle those very large issues at the outset, I focus on the test the courts currently use to evaluate the evidence to determine whether an inference can be made that discrimination has occurred. I argue that lawyers and courts have become so caught up in …
Flourishing Forties Against Flaming Fifties: Is Reverse Age Discrimination Actionable Under The Age Discrimination In Employment Act?, Elena Minkin
Saint Louis University Law Journal
No abstract provided.
Substantially Limited Justice?: The Possibilities And Limits Of A New Rawlsian Analysis Of Disability-Based Discrimination, Elizabeth Pendo
Substantially Limited Justice?: The Possibilities And Limits Of A New Rawlsian Analysis Of Disability-Based Discrimination, Elizabeth Pendo
All Faculty Scholarship
In its recent terms, the Supreme Court has increasingly turned its attention toward the Americans with Disabilities Act, and specifically the questions of who should be protected under the ADA, and what such protection requires. In the wake of the Court's decisions, workers have found it increasingly difficult to assert and protect their right to be free of disability-based discrimination in the workplace. Given the widespread influence of John Rawls in contemporary discussions of social, political and economic justice, his recent and final formulation of his theory of distributive justice presents a significant and promising philosophical foundation for evaluation of …