Law Commons^™

Institute Brief: Wia And One-Stop Centers: Opportunities And Issues For The Disability Community, David Hoff

The Institute Brief Series, Institute for Community Inclusion

This brief gives a basic overview of the act and examines its impact on the lives of people with disabilities as well as the systems and organizations that assist them.

Research To Practice: Work Status Trends For People With Mental Retardation, Fy 1985 To Fy 1998, Dana Scott Gilmore, John Butterworth

Research to Practice Series, Institute for Community Inclusion

National trends regarding extended employment (sheltered workshops) and competitive employment outcomes from state Vocational Rehabilitation systems between 1985 and 1998.

Same-Sex Sexual Harassment: How The "Equal Opportunity Harasser" Became A Legitimate Defense, David Sherwyn, Ezekiel A. Kaufman, Adam A. Klausner

Articles and Chapters

This article provides a quick history of sexual-harassment law and looks at the appellate-court opinions that came before the U.S. Supreme Court ruling in a same-sex sexual-harassment case. That latter decision has given rise to the relatively novel equal-opportunity-harasser defense, whereby harassing conduct directed at both men and women, no matter how outrageous, may not be unlawful at all. The reason is that the Supreme Court previously established that sexual harassment must be "because of sex," and failure to prove that gender-related component will automatically disqualify claims for quid pro quo or hostile-work-environment sexual harassment, as indicated by the ...

Deference And Disability Discrimination, Rebecca H. White

Scholarly Works

In 1999, the question of deference to the EEOC grabbed the spotlight. It surfaced in a case that arose under the Americans with Disabilities Act of 1990 (the "ADA"), a relatively new, and sweeping, anti-discrimination law that prohibits workplace discrimination against qualified individuals with a disability. A difficult substantive question was presented: Is the determination of whether one has a disability within the meaning of the ADA to be made with or without regard to mitigating measures? Instinctively, either a "yes" or a "no" answer seems problematic. On the one hand, defining disability without regard to the corrective effects of ...

Research To Practice: Time Limits, Exemption, And Disclosure: Tanf Caseworkers And Clients With Disabilities, Jaimie Ciulla Timmons, Danielle Dreilinger

Research to Practice Series, Institute for Community Inclusion

Findings show that welfare caseworkers experience unique challenges when supporting welfare recipients with disabilities, including time limit pressures and conflict over exemptions. The brief includes a resource list for caseworkers.

U.S. Workers’ Rights Are Being Abused, Lance A. Compa

Articles and Chapters

[Excerpt] The 200-page Human Rights Watch report is based on case studies across a range of industries, occupations and regions of the United States. The report recognizes that U.S. workers generally do not confront gross human rights violations where death squads assassinate union activists or collective bargaining is outlawed. But the absence of systematic government repression does not mean that workers have effective exercise of the right to freedom of association. The case studies in the Human Rights Watch report uncover a distressing pattern of threats, harassment, spying, firings and other reprisals against worker activists and a labor law ...

Rate Regulation, Safety Incentives, And Loss Growth In Workers' Compensation Insurance, Scott E. Harrington, Patricia Danzon

Health Care Management Papers

We analyze the relationship between insurance rate regulation, inflationary cost surges, and incentives for loss control using state-level data on workers’ compensation insurance for 24 states during 1984–90. Regulators often responded to rapid loss growth during this period by denying rate increases or approving increases that were less than initially requested by insurers. We test whether rate suppression increased loss growth by distorting incentives for loss control. Our regressions indicate a positive and statistically reliable relationship between loss growth and lagged measures of regulatory price constraints, suggesting that rate regulation increased the frequency and/or severity of employee injuries.

Restricting Public Employees' Political Activities: Good Government Or Partisan Politics?, Rafael Gely, Timothy D. Chandler

Faculty Publications

The article starts by reviewing, in Part II, the history of the regulation of political activities by public employees, and in Part III, the regulation of patronage. Part IV develops the argument that both sets of regulations, although justified on different grounds, are better understood as political control mechanisms. Part V provides some empirical evidence for this argument by examining voting patterns on federal legislation restricting public employees' political activities. Part VI discusses the relationship of these laws to public sector unionization. Part VII concludes the article.

Has Wright Line Gone Wrong? Why Pretext Can Be Sufficient To Prove Discrimination Under The National Labor Relations Act,, Michael Hayes

All Faculty Scholarship

Every year in the United States, thousands of employees are illegally fired for joining or supporting unions. These employees must bring their claims to the National Labor Relations Board (the “Board”), which applies its famous Wright Line standard to decide thousands of discrimination cases each year.

Probably the most common issue in labor discrimination cases is “pretext.” In virtually every case, an employer claims that it fired an employee not for an illegal anti-union motive, but for a legitimate business reason. The pretext issue arises when the evidence shows that the legitimate reason asserted by the employer was most likely ...

Uneasy Terrain: The Impact Of Capital Mobility On Workers, Wages, And Union Organizing, Kate Bronfenbrenner

Research Studies and Reports

In May 2000, the United States Trade Deficit Review Commission contracted with Cornell University to conduct a study updating Cornell’s previous research on the impact of plant closings and threats of plant closings on union organizing campaigns in the U.S. private sector. Through surveys, personal interviews, documentary evidence, and the use of electronic databases, the Cornell researchers were able to collect detailed data on the extent, nature, and impact of plant closings and plant closing threats for a random sample of more than 400 NLRP certification campaigns that took place between January 1, 1998 and December 31, 1999 ...

Section 4: Civil Rights & Employment Law, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.

Labor Markets, Rationality, And Workers With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.

7th Biennial Employment Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, George J. Miller, W. Kevin Smith, James G. Fogle, Theresa C. Gilbert, Donna H. Terry

Continuing Legal Education Materials

Materials from the 7th Biennial Employment Law Institute held by UK/CLE in June 2000.

Columbia Business Law Review Spring Symposium 2000 Issue (Introduction), Doron M. Kalir

Law Faculty Articles and Essays

This is the Introduction to Spring Symposium Issue. On March 28, 2000, the Columbia Business Law Review hosted its Spring Symposium entitled "The Changing Workplace in the New Millennium." The symposium, which brought together legal scholars and thinkers from around the country, sought to address many current labor and employment law issues, as well as some which are likely to arise in the years to come

Policy Brief: Provisions In The Workforce Investment Act Relating To Nondiscrimination On The Basis Of Disability And The Development By The Governor Of A Written Methods Of Administration, Robert Silverstein

Policy Briefs Series, Institute for Community Inclusion

An outline of key provisions in the interim final regulations describing the nondiscrimination and equal opportunity responsibilities of the governor, WIA fund recipients, and programs and activities that are part of the One-Stop system.

Tools For Inclusion: People With Disabilities: Having A Voice In The Creation Of The New Workforce Investment System, David Hoff

Tools for Inclusion Series, Institute for Community Inclusion

This publication informs people with disabilities and advocates about the opportunities available for input into WIA implementation at the state and local level.

The National Labor Relations Act In Cyberspace: Union Organizing In Electronic Workplaces (With Martin H. Malin), Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Tools For Inclusion: One-Stop Centers: A Guide For Job Seekers With Disabilities, Sheila Fesko, David Hoff, Melanie Jordan

Tools for Inclusion Series, Institute for Community Inclusion

General information about the One-Stop system and answers to specific questions individuals with disabilities may have about One-Stop services.

Policy Brief: The Ticket To Work And Self-Sufficiency Program And Established Under The Ticket To Work And Work Incentives Improvement Act Of 1999, Robert Silverstein

Policy Briefs Series, Institute for Community Inclusion

A description of the major provisions in Title I of the Act, which created the Ticket to Work and Self-Sufficiency Program.

Policy Brief: Improvements To The Ssdi And Ssi Work Incentives And Expanded Availability Of Health Care Services To Workers With Disabilities Under The Ticket To Work And Work Incentives Improvement Act Of 1999, Robert Silverstein

Policy Briefs Series, Institute for Community Inclusion

This brief gives background information on federal income maintenance and health care programs, and describes the major provisions of the Ticket to Work and Work Incentives Improvement Act.

Interpreting The Ada And Civil Rights Law: Five Supreme Court Rulings, David Sherwyn, Zev J. Eigen, Adam A. Klausner

Articles and Chapters

Although one could say that employers found some clarification in human-resources law in 1999, certain complications still remain.

The National Labor Relations Act In Cyberspace: Union Organizing In Electronic Workplaces, (With Henry H. Perritt, Jr.), Martin H. Malin

All Faculty Scholarship

No abstract provided.

Reports, Awards And Opinions 2000-2, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of The Union Trustees of the NYSA-ILA Pension Trust Fund, The New York Times, members of Local 3 I.B.E.W., among others.

Workplace Safety Policy: Past, Present, And Future, Thomas J. Kniesner, John D. Leeth

Center for Policy Research

With an annual budget of about $400 million, the Occupational Safety and Health Administration (OSHA) is about 5 percent the size of the Environmental Protection Agency, another federal agency created by President Richard M. Nixon in 1970, the "Year of the Environment." Nearly all workers in the United States come under OSHA's jurisdiction, with some notable exceptions, including miners, transportation workers, many public employees, and people who are self-employed. OSHA is currently responsible for projecting over 100 million workers at 6 million work sites with the help of only about 2,000 workplace health and safety inspectors. Nevertheless, suppers ...

Household Specialization And The Male Marriage Wage Premium, Joni Hersch, Leslie S. Stratton

Vanderbilt Law School Faculty Publications

Empirical research has consistently shown that married men have substantially higher wages, on average, than otherwise similar unmarried men. One commonly cited hypothesis to explain this pattern is that marriage allows one spouse to specialize in market production and the other to specialize in home production, enabling the former - usually the husband - to acquire more market-specific human capital and, ultimately, earn higher wages. The authors test this hypothesis using panel data from the National Survey of Families and Households. The data reveal that married men spent virtually the same amount of time on home production as did single men, albeit ...

Unfair Advantage: Workers’ Freedom Of Association In The United States Under International Human Rights Standards, Lance A. Compa

Articles and Chapters

[Excerpt] Human Rights Watch selected case studies for this report on workers’ freedom of association in the United States with several objectives in mind. One was to include a range of sectors - services, industry, transport, agriculture, high tech – to assess the scope of the problem across the economy, rather than to focus on a single sector. Another objective was geographic diversity, to analyze the issues in different parts of the country. The cases studied here arose in cities, suburbs and rural areas around the United States.

Another important goal was to look at the range of workers seeking to exercise ...

Annual Report To The Legislature 1999-2000, Agricultural Labor Relations Board

California Agencies

No abstract provided.

The Meritocracy Myth And The Illusion Of Equal Employment Opportunity, Anne Lawton

Faculty Publications

No abstract provided.

Chaos Or Coherence: Individual Disparate Treatment Discrimination And The Adea, Michael J. Zimmer

Faculty Publications & Other Works

No abstract provided.

Reports, Awards And Opinions 2000-1, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of ABC, Incorporated, and Carmel Central School District, among others.