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Full-Text Articles in Law

When Different Means The Same: Applying A Different Standard Of Proof To White Plaintiffs Under The Mcdonnell Douglas Prima Facie Case Test, Angela Onwuachi-Willig Oct 1999

When Different Means The Same: Applying A Different Standard Of Proof To White Plaintiffs Under The Mcdonnell Douglas Prima Facie Case Test, Angela Onwuachi-Willig

Faculty Scholarship

The idea that Whites, in particular white males, are the new victims of discrimination is steadily gaining acceptance among white Americans. While only 16 percent of white individuals claim to know someone who has been the victim of reverse discrimination, more than 70 percent of Whites are convinced that reverse discrimination is a rampant problem. Additionally, although reverse discrimination cases generally constitute a small percentage of filed discrimination cases, usually about 1 to 3 percent, that number is beginning to grow. In particular, the percentage of reverse discrimination claims brought by federal workers, the very workers for whom affirmative action ...


Research To Practice: Working It Out: Workplace Experiences Of Individuals With Hiv And Individuals With Cancer, Sheila Fesko Jul 1999

Research To Practice: Working It Out: Workplace Experiences Of Individuals With Hiv And Individuals With Cancer, Sheila Fesko

Research to Practice Series, Institute for Community Inclusion

This brief describes the experiences of individuals with these illnesses, underlines similarities and differences between the two groups, and provides strategies for disclosure, support, and personal advocacy in the workplace.


The Verdict On Roberts V. Texaco, Angela Onwuachi-Willig Apr 1999

The Verdict On Roberts V. Texaco, Angela Onwuachi-Willig

Faculty Scholarship

When I first heard that Bari-Ellen Roberts had written a book about the race discrimination lawsuit against Texaco, I was ecstatic. I was eager to read about the legal strategies that had resulted in the highest settlement award ever given in a class action race discrimination lawsuit. After reading the first few pages of the book, however, I became somewhat disappointed. The first few chapters made it clear that Roberts's book was not about the actual details of the class action lawsuit against Texaco but about Roberts's personal experiences at home, in school, and in the corporate world ...


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 ...