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Discrimination

Labor and Employment Law

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Full-Text Articles in Law

Disparate Impact Is Not Unconstitutional, Michael Evan Gold Apr 2011

Disparate Impact Is Not Unconstitutional, Michael Evan Gold

Articles and Chapters

[Excerpt] In Ricci v. DeStefano, the "New Haven Firefighters" case, whitefirefighters and one Hispanic firefighter sued the city of New Haven, Connecticut and city officials under Title VII. The plaintiffs claimed the city had committed intentional discrimination or disparate treatment against them when the city disregarded the results of promotion examinations that had an adverse effect on black and Hispanic applicants. The Supreme Court sustained the claim.

In his concurring opinion, Justice Scalia invited attorneys in subsequent cases to consider arguing that the disparate impact theory of employment discrimination is unconstitutional. He reasoned as follows:

• The Constitution prohibits the government ...


Once, Twice, Or Three Times As Harmful? Ethnic Harassment, Gender Harassment, And Generalized Workplace Harassment, Jana L. Raver, Lisa Hisae Nishii Jan 2010

Once, Twice, Or Three Times As Harmful? Ethnic Harassment, Gender Harassment, And Generalized Workplace Harassment, Jana L. Raver, Lisa Hisae Nishii

Articles and Chapters

Despite scholars’ and practitioners’ recognition that different forms of workplace harassment often co-occur in organizations, there is a paucity of theory and research on how these different forms of harassment combine to influence employees’ outcomes. We investigated the ways in which ethnic harassment (EH), gender harassment (GH), and generalized workplace harassment (GWH) combined to predict target individuals’ job-related, psychological, and health outcomes. Competing theories regarding additive, exacerbating, and inuring (i.e., habituating to hardships) combinations were tested. We also examined race and gender differences in employees’ reports of EH, GH, and GWH. The results of two studies revealed that EH ...


Retaliation: The Fastest-Growing Discrimination Claim, David Sherwyn, Zev Eigen, Gregg Gilman Nov 2006

Retaliation: The Fastest-Growing Discrimination Claim, David Sherwyn, Zev Eigen, Gregg Gilman

Articles and Chapters

Many employers were shocked and alarmed when the U.S. Supreme Court in June 2006 unanimously established a relatively broad standard regarding employees’ complaints of retaliation by employers when employees have made discrimination complaints. An examination of case law as well as comments made by those attending the 2006 Labor and Employment Law Roundtable at the Cornell University School of Hotel Administration allow us to conclude that although employees who make complaints need to be treated carefully, employers need not panic. Instead, they must thoroughly document any personnel actions and base them on actual performance, making sure that any termination ...


You (Don’T) Look Marvelous: Considerations For Employers Regulating Employee Appearance, G. Roger King, Jeffrey D. Winchester, David Sherwyn Nov 2006

You (Don’T) Look Marvelous: Considerations For Employers Regulating Employee Appearance, G. Roger King, Jeffrey D. Winchester, David Sherwyn

Articles and Chapters

Under federal law, employers are generally allowed to set policies regulating employees’ appearance, provided that those policies do not impinge on groups specifically protected under federal statute. State and local laws, however, may preclude employers from implementing such dress and appearance policies. Employers whose workers are unionized must consider the provisions of the bargaining agreement. One trend in connection with regulations relating to employees’ appearance and dress is that creative lawyers have stretched the law to cover certain workers.


Because It Takes Two: Why Post-Dispute Voluntary Arbitration Programs Will Fail To Fix The Problems Associated With Employment Discrimination Law Adjudication, David S. Sherwyn Jan 2003

Because It Takes Two: Why Post-Dispute Voluntary Arbitration Programs Will Fail To Fix The Problems Associated With Employment Discrimination Law Adjudication, David S. Sherwyn

Articles and Chapters

For more than a decade, the employment law community, including the plaintiffs’ bar, the defense bar, and a cavalcade of academicians, has fiercely debated the use (or misuse, as some argue) of arbitration for the adjudication of federal and state employment law cases. The majority of the cases at issue in the debate are wrongful termination cases. In most wrongful termination cases, ex-employees allege that their ex-employers, or their employer’s alleged agents, harassed or otherwise discriminated against them, which resulted in their termination (or other adverse action). Resolution of such cases, whether via litigation, arbitration, or any other alternative ...


In Defense Of Mandatory Arbitration Of Employment Disputes: Saving The Baby, Tossing Out The Bath Water, And Constructing A New Sink In The Process, David S. Sherwyn, J. Bruce Tracey, Zev J. Eigen Jan 1999

In Defense Of Mandatory Arbitration Of Employment Disputes: Saving The Baby, Tossing Out The Bath Water, And Constructing A New Sink In The Process, David S. Sherwyn, J. Bruce Tracey, Zev J. Eigen

Articles and Chapters

[Excerpt] In its 1991 Gilmer v. Interstate/Johnson Lane Corp.decision, the Supreme Court held that employers could require as a condition of employment that employees agree to arbitrate their Age Discrimination in Employment Act ("ADEA") claims unless the employees could prove that Congress had "evinced an intention to preclude a waiver of judicial remedies for the statutory rights at issue." Subsequently, lower courts extended Gilmer to cover other discrimination claims, including those arising under Title VII of the Civil Rights Act of 1964("Title VII") and the Americans with Disabilities Act("ADA"). In its 1998 Duffield v. Robertson Stephens ...


Challenges In Managing The New Diverse Labor Force, Alice H. Cook, Lamont E. Stallworth Jan 1998

Challenges In Managing The New Diverse Labor Force, Alice H. Cook, Lamont E. Stallworth

Articles and Chapters

Among the purposes of this chapter is (1) to examine past and present statuses of demographic groups who earlier suffered discrimination in employment but who today are legally protected. Our purpose is then (2) to appraise the issue of perceptions of fairness and equality, and next (3) to discuss problems still existing in the labor market in achieving “equality” under the law. Finally (4) we will offer some proposals for meeting still existing shortcomings. Because space requirements prohibit a discussion of all these groups, we are focusing on two of the largest: women and African-Americans.


Employer Sanctions And The Question Of Discrimination: The Gao Study In Perspective, Vernon M. Briggs Jr. Dec 1990

Employer Sanctions And The Question Of Discrimination: The Gao Study In Perspective, Vernon M. Briggs Jr.

Articles and Chapters

"The enactment of the Immigration Reform and Control Act of 1986 (IRCA) produced the most extensive legislation in the area of employment law in the United States in two decades (i.e., since the adoption of the Occupational Health and Safety Act of 1970). Its provisions affect every employer and every job seeker since the law went into effect on November 6, 1986. Among its multiple provisions were strictures designed to prohibit employers from hiring illegal immigrants. This action had the effect of repealing the 'Texas Proviso' of the Immigration and Nationality Act of 1952 that specifically exempted the employment ...