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Full-Text Articles in Law
The Disappearing Dilemma: Why Agency Principles Should Now Take Center Stage In Retaliation Cases, Sandra F. Sperino
The Disappearing Dilemma: Why Agency Principles Should Now Take Center Stage In Retaliation Cases, Sandra F. Sperino
Faculty Articles and Other Publications
In Burlington Northern Santa Fe Railroad v. White, the Supreme Court soundly rejected the idea that the plaintiff must establish that conduct rose to the level of an adverse employment action to constitute retaliation under Title VII. This Article posits that, in an effort to square Burlington with other Title VII agency jurisprudence, the courts will be required to re-import the concept of tangible employment action into decisions regarding whether an employer is vicariously liable for actions committed by supervisors.
While the lower courts appear to recognize that agency issues come into play when retaliation is conducted by co-workers, …
Complying With Export Laws Without Importing Discrimination Liability: At Attempt To Integrate Employment Discrimination Laws And The Deemed Export Rules, Sandra F. Sperino
Complying With Export Laws Without Importing Discrimination Liability: At Attempt To Integrate Employment Discrimination Laws And The Deemed Export Rules, Sandra F. Sperino
Faculty Articles and Other Publications
The federal deemed export rules prohibit certain individuals from receiving any information about certain technologies without the required license, even if those individuals are otherwise authorized to work within the United States. In other words, employers who deal with technology or software subject to export control may be considered to be illegally exporting such technology or software, simply by allowing certain foreign nationals to work with or gain information about the restricted items.
This article will attempt two moderately simple tasks and one more difficult. The first task is to identify the tensions that exist between the deemed export rules …