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Complete Justice: Upholding The Principles Of Title Vii Through Appropriate Treatment Of After-Acquired Evidence, Jennifer Miyoko Follette
Complete Justice: Upholding The Principles Of Title Vii Through Appropriate Treatment Of After-Acquired Evidence, Jennifer Miyoko Follette
Washington Law Review
Congress enacted Title VII of the 1964 Civil Rights Act to combat employment discrimination and to provide relief to discrimination victims. The 1972 and 1991 amendments strengthened the statute and delineated a clear congressional commitment to the statute's purposes. In most cases the courts have utilized the statutes remedial provisions to deter further discriminatory conduct and to provide relief to victims. However, the majority of federal circuit courts which have addressed the issue deny a remedy to plaintiffs in cases where an employer discovers evidence of an employee's misrepresentations on a resume or evidence of misconduct on the job after …
Statistical Proof Of Discrimination: Beyond "Damned Lies", Kingsley R. Browne
Statistical Proof Of Discrimination: Beyond "Damned Lies", Kingsley R. Browne
Washington Law Review
Evidence that an employer's work force contains fewer minorities or women than would be expected if selection were random with respect to race and sex has been taken as powerful—and often sufficient—evidence of systematic intentional discrimination. In relying on this kind of statistical evidence, courts have made two fundamental errors. The first error is assuming that statistical analysis can reveal the probability that observed work-force disparities were produced by chance. This error leads courts to exclude chance as a cause when such a conclusion is unwarranted. The second error is assuming that, except for random deviations, the work force of …
Thailand's State Enterprise Labor Relations Act: Denying Public Employees The Right Of Association And The Right To Organize And Bargain Collectively, Kelly A. Doelman
Thailand's State Enterprise Labor Relations Act: Denying Public Employees The Right Of Association And The Right To Organize And Bargain Collectively, Kelly A. Doelman
Washington International Law Journal
On April 15, 1991, Thailand's new legislative body enacted the State Enterprise Labor Relations Act, removing public employees from the dominion of the Labor Relations Act and dissolving the existing public labor unions. This Act has had a crippling effect on the entire Thai labor movement, which historically relied on the leadership and influence of public unions to promote private industry worker interests. This Comment argues that the State Enterprise Labor Relations Act contains many provisions which violate internationally accepted labor standards, specifically the right of association and the right to organize and bargain collectively. This Comment further asserts that …