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Selected Works

2007

Employment Law

Articles 1 - 5 of 5

Full-Text Articles in Law

Employers On The Fence: A Guide To The Immigratory Workplace, Natalie Prescott May 2007

Employers On The Fence: A Guide To The Immigratory Workplace, Natalie Prescott

Natalie Prescott

The Article discusses potential problems employers across the nation face when hiring, promoting, or employing foreign workers. It gives practical advice to employers on how to prevent discriminatory practices and avoid discrimination lawsuits and penalties and serves as an abbreviated employer's manual to immigration law.

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English Only At Work, Por Favor, Natalie Prescott May 2007

English Only At Work, Por Favor, Natalie Prescott

Natalie Prescott

Whether or not employees can be required to speak only English at work is a very delicate question. This issue has caused considerable disagreement among courts and legal scholars and gained greater prominence in 2006, when the Tenth Circuit Court of Appeals created a circuit split by allowing for the possibility that an English-only rule may violate Title VII. Some scholars have attempted to address the legality of an English-only rule, mostly arguing that the rule violates Title VII. This Article, however, explains why Title VII does not apply to an English-only rule. The Article addresses a wide range of …

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Addressing Segregation In The Brown Collar Workplace: Toward A Solution For The Inexorable 100%, Leticia M. Saucedo Mar 2007

Addressing Segregation In The Brown Collar Workplace: Toward A Solution For The Inexorable 100%, Leticia M. Saucedo

Leticia M. Saucedo

This article suggests a theoretical and analytical framework for rethinking the causes of and remedies for workplace segregation. Taking lessons from civil rights and women’s rights struggles to eradicate segregated workplaces through existing anti-discrimination frameworks, it reviews the historical paradigm approaches to segregation, and their limited ability to eradicate segregation completely, as is evident in the continued existence of workplace segregation. Despite public perceptions to the contrary, segregated workplaces exist in greater numbers today, mostly because of the influx of newly arrived immigrant workers in low-wage industries throughout the country. These “brown collar” workplaces provide a good testing ground for …

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Retaliation After Burlington, David G. Karro Jan 2007

Retaliation After Burlington, David G. Karro

David G. Karro

This paper was written for a talk given to the District of Columbia bar on Title VII retaliation, generally, and on the Supreme Court's decision in Burlington Northern and Santa Fe Railway Co. Petitioner v. White, 548 U.S. 53 (2006). I took the position that the decision promised much more for plaintiffs than it was likely to deliver.

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Unfulfilled Expectations: An Empirical Analysis Of Why Sarbanes-Oxley Whistleblowers Rarely Win, Richard E. Moberly Dec 2006

Unfulfilled Expectations: An Empirical Analysis Of Why Sarbanes-Oxley Whistleblowers Rarely Win, Richard E. Moberly

Richard E. Moberly

Scholars praise the whistleblower protections of the Sarbanes-Oxley Act of 2002 as one of the most protective anti-retaliation provisions in the world. Yet, during its first three years, only 3.6% of Sarbanes-Oxley whistleblowers won relief through the initial administrative process that adjudicates such claims, and only 6.5% of whistleblowers won appeals through the process. This Article reports the results of an empirical study of all Department of Labor Sarbanes-Oxley determinations during this time, consisting of over 700 separate decisions from administrative investigations and hearings. The results of this detailed analysis demonstrate that administrative decision-makers strictly construed, and in some cases …

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