Law Commons^™

Culture Matters: Cultural Differences In The Reporting Of Employment Discrimination Claims, Andrew Tae-Hyun Kim

William & Mary Bill of Rights Journal

Why don’t reasonable people complain about discrimination? Behavioral science evidence points to structural barriers, like the fear of retaliation and the lack of sociocultural power in the workplace, that discourage employees from reporting. By not reporting perceived discriminatory or harassing conduct, the employee not only underutilizes Title VII’s administrative scheme—which was created precisely to remedy and deter such conduct—but also incurs a heavy litigative cost in employer liability suits. This Article claims that for certain minority groups, namely Asian Americans, certain cultural differences significantly heighten those structural barriers and consequently leave them underprotected in the legal system. The Article locates …

Disparate Impact Realism, Amy L. Wax

William & Mary Law Review

No abstract provided.

Citizens, United And Citizens United: The Future Of Labor Speech Rights?, Charlotte Garden

William & Mary Law Review

Within hours of its announcement, the Supreme Court’s decision in Citizens United v. FEC came under attack from progressive groups. Among these groups were some of America’s largest laborunions—even though the decision applies equally to unions and for profit corporations. The reason is clear: there exist both practical andstructural impediments that will prevent unions from benefittingfrom Citizens United to the same extent as corporations. Therefore,Citizens United stands to unleash a torrent of corporate electioneering that could drown out the countervailing voice of organized labor.

This Article, however, takes a broader view of Citizens United to explore a possible silver lining …

The Importance Of Immutability In Employment Discrimination Law, Sharona Hoffman

William & Mary Law Review

This Article argues that recent developments in employment discrimination law require a renewed focus on the concept of immutable characteristics. In 2009, two new laws took effect: the Genetic Information Nondiscrimination Act (GINA) and the Americans with Disabilities Act Amendments Act (ADAAA). This Article’s original contribution is an evaluation of the employment discrimination statutes as a corpus of law in light of these two additions.

The Article thoroughly explores the meaning of the term “immutable characteristic” in constitutional and employment discrimination jurisprudence. It postulates that immutability constitutes a unifying principle for all of the traits now covered by the employment …

Going Postal: What Can Reform Do For You?, Lauren T. Andrews

William & Mary Business Law Review

The sending and receiving of post and parcel is a vital aspect of daily living in the United States. Despite this vitality, the setup for post and parcel delivery in the United States has been heavily criticized. This Note, in response to these criticisms, explores whether postal reform is warranted in the United States today. To do so, this Note examines the origins of the public/private dichotomy inherent in the delivery of post and parcel, governmental regulation of the United States Postal Service and its private competitors, and the monopolies possessed by the United States Postal Service. It then analyzes …

Texas Elective Workers' Compensation: A Model Of Innovation?, Jason Ohana

William & Mary Business Law Review

Workers' Compensation is often described as a bargain between employers and employees. Employees give up the right to sue their employers in negligence for workplace injuries, and, in return, employers agree to pay predictable, statutorily mandated benefits to injured employees. Over time, this “bargain” became compulsory in every state but one. Texas is the only state in which employers and employees can decide whether or not to enter the workers' compensation bargain. This elective system has some fairly serious problems, and many have advocated its abandonment. This Note analyzes the system's history, compares the system to conventional compulsory systems, analyzes …

Is The Breast Best For Business?: The Implications Of The Breastfeeding Promotion Act, Brit Mohler

William & Mary Business Law Review

In June of 2009, the 111th Congress was asked again to consider the Breastfeeding Promotion Act. During that year, for the first time in history, the Senate also took up consideration of the issue, and the President of the United States signed into legislation a portion of the Act as included in a healthcare bill. The Breastfeeding Promotion Act is meant to protect a woman’s right to breastfeed in the workplace. The Act accomplishes this goal by: amending the Civil Rights Act to ensure that breastfeeding will be considered a protected act in the workplace, amending the Fair Labor Standards …