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Full-Text Articles in Law
To Cloak The Within: Protecting Employees From Personality Testing, Elizabeth De Armond
To Cloak The Within: Protecting Employees From Personality Testing, Elizabeth De Armond
All Faculty Scholarship
Employees and job applicants are often subjected to personality tests that seek sensitive, internal information. These tests can intrude on individual privacy simply by their inquisition, and disclosure of their results can pigeonhole and stigmatize people. The work of sociologist Erving Goffman offers insights into the nature of these harms. Furthermore, the personality tests often do not reliably and accurately measure personality traits, and employers may not have accurately identified traits that enhance performance in specific jobs. Current legal structures, including the federal and state constitutions and the Americans with Disabilities Act, may apply to such tests, but are inadequate …
Two Parts Of The Landscape Of Family In America: Maintaining Both Spousal And Domestic Partner Employee Benefits For Both Same-Sex And Different-Sex Couples, Nancy Polikoff
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Family, Cubicle Mate And Everyone In Between: A Novel Approach To Protecting Employees From Third-Party Retaliation Under Title Vii And Kindred Statutes, Matthew W. Green Jr.
Family, Cubicle Mate And Everyone In Between: A Novel Approach To Protecting Employees From Third-Party Retaliation Under Title Vii And Kindred Statutes, Matthew W. Green Jr.
Law Faculty Articles and Essays
This article joins the discussion of when employees should be protected against third-party retaliation under Title VII of the Civil Rights Act of 1964 and analogously worded statutes. In Thompson v. N. Am. Stainless, LP., 131 S.Ct. 863 (2011), the U.S. Supreme Court held that third-party retaliation was cognizable under Title VII, an issue that had divided the lower courts for decades. Prior to Thompson, lower courts that recognized the viability of such claims often imposed limits on the classes of relationships for which third-party retaliation was unlawful. For instance, courts often found such claims viable where after an employee …
Introduction: Guaranteeing The Rights Of Public Employees, Kenneth G. Dau-Schmidt, Ann. C. Mcginley
Introduction: Guaranteeing The Rights Of Public Employees, Kenneth G. Dau-Schmidt, Ann. C. Mcginley
Articles by Maurer Faculty
No abstract provided.
The Moral Dimension Of Employment Dispute Resolution, Theodore J. St. Antoine
The Moral Dimension Of Employment Dispute Resolution, Theodore J. St. Antoine
Articles
Dispute resolution may be viewed from the perspective of economics or negotiation or contract law or game theory or even military strategy. In this Article, I should like to consider employment dispute resolution in particular from the perspective of morality. I do not necessarily mean "morality" in any religious sense. By "morality" here I mean a concern about the inherent dignity and worth of every human being and the way each one should be treated by society. Some persons who best exemplify that attitude would style themselves secular humanists. Nonetheless, over the centuries religions across the globe have played a …