Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2000

Labor and Employment Law

Institution
Keyword
Publication
Publication Type
File Type

Articles 1 - 30 of 146

Full-Text Articles in Law

Institute Brief: Wia And One-Stop Centers: Opportunities And Issues For The Disability Community, David Hoff Dec 2000

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 Dec 2000

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 Dec 2000

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 ...


Mission Impossible: On Baker, Equal Benefits, And The Imposition Of Stigma, Mark Strasser Dec 2000

Mission Impossible: On Baker, Equal Benefits, And The Imposition Of Stigma, Mark Strasser

William & Mary Bill of Rights Journal

In Baker v. State, the Vermont Supreme Court held that the state constitution required same-sex couples be afforded the same benefits and protections that married couples receive. While the state did not need to recognize same-sex marriage, at the very least, it needed to create a parallel system providing equal benefits. Professor Mark Strasser argues that a civil union alternative ultimately would not meet the court's requirements because it cannot possibly provide this requisite equality. His central concern is the differing treatment that same-sex marriage and domestic partnerships receive from other states. Additionally, Professor Strasser notes that such a ...


The Employment Relation And Its Ordering At Century's End: Reflections On Emerging Trends In The United States, Thomas C. Kohler Dec 2000

The Employment Relation And Its Ordering At Century's End: Reflections On Emerging Trends In The United States, Thomas C. Kohler

Boston College Law Review

The enormous success of the United States economy in producing new jobs has focused world-wide attention on the flexibility of the American labor market, and on the malleability of the legal order that regulates it. Despite our reputation for sparse public regulation of the employment relationship, however; the past decade has been a period of unprecedented judicial and legislative activity. The United States now has more formal employment regulation than ever before. The following piece places these developments in the context of a decline in the practice of private law-making, and identifies four movements that have emerged and which characterize ...


Deference And Disability Discrimination, Rebecca Hanner White Dec 2000

Deference And Disability Discrimination, Rebecca Hanner White

Michigan Law Review

For thirty-five years, the civil rights community has paid scant attention to administrative law principles. Those interested in advancing on-the-job equality for this country's working men and women (or in preserving employer autonomy vis-a-vis federal encroachment) have all but ignored what many consider the arcane technicalities of administrative law. This state of affairs is strange when one considers that administration and enforcement of each of our major federal laws outlawing employment discrimination have been confided to an administrative agency, the Equal Employment Opportunity Commission ("EEOC"). The EEOC, however, has historically been given short shrift by litigants and by the ...


Deference And Disability Discrimination, Rebecca H. White Dec 2000

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 Nov 2000

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 Oct 2000

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 Oct 2000

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.


"Latin Players On The Cheap:" Professional Baseball Recruitment In Latin America And The Neocolonialist Tradition, Samuel O. Regalado Oct 2000

"Latin Players On The Cheap:" Professional Baseball Recruitment In Latin America And The Neocolonialist Tradition, Samuel O. Regalado

Indiana Journal of Global Legal Studies

No abstract provided.


Restricting Public Employees' Political Activities: Good Government Or Partisan Politics?, Rafael Gely, Timothy D. Chandler Oct 2000

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.


Vol. 17, No. 4, Paul R. Klenck Oct 2000

Vol. 17, No. 4, Paul R. Klenck

The Illinois Public Employee Relations Report

Contents:

Individual Contract Rights for School Employees, by Paul R. Klenck

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan


Has Wright Line Gone Wrong? Why Pretext Can Be Sufficient To Prove Discrimination Under The National Labor Relations Act,, Michael Hayes Oct 2000

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 ...


Are You Breaking Some Sort Of Law?: Protecting An Employee's Informal Complaints Under The Fair Labor Standards Act's Anti-Retaliation Provision, Jennifer Lynne Redmond Oct 2000

Are You Breaking Some Sort Of Law?: Protecting An Employee's Informal Complaints Under The Fair Labor Standards Act's Anti-Retaliation Provision, Jennifer Lynne Redmond

William & Mary Law Review

No abstract provided.


Uneasy Terrain: The Impact Of Capital Mobility On Workers, Wages, And Union Organizing, Kate Bronfenbrenner Sep 2000

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 College Of William & Mary School Of Law Sep 2000

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

Supreme Court Preview

No abstract provided.


Sexual Harassment, Prostitution, And The Tort Of Abusive Discharge: An Analysis And Evaluation Of Recent Legal Developments, John A. Gray Sep 2000

Sexual Harassment, Prostitution, And The Tort Of Abusive Discharge: An Analysis And Evaluation Of Recent Legal Developments, John A. Gray

Buffalo Women's Law Journal

No abstract provided.


Reassignment Under The Americans With Disabilities Act: Reasonable Accommodation, Affirmative Action, Or Both?, Stephen F. Befort, Tracey Holmes Donesky Sep 2000

Reassignment Under The Americans With Disabilities Act: Reasonable Accommodation, Affirmative Action, Or Both?, Stephen F. Befort, Tracey Holmes Donesky

Washington and Lee Law Review

No abstract provided.


Performance Indicator Analysis Of Proficiency Criteria In The Drug-Testing-Laboratory Certification Process Of The Dhhs, John M. Gleason, Darold T. Barnum Sep 2000

Performance Indicator Analysis Of Proficiency Criteria In The Drug-Testing-Laboratory Certification Process Of The Dhhs, John M. Gleason, Darold T. Barnum

RISK: Health, Safety & Environment (1990-2002)

The authors highlight and propose remedies for problems in the proficiency criteria used in certifying laboratories for drug testing federal employees in the United States.


Labor Markets, Rationality, And Workers With Disabilities, Michael Ashley Stein Jul 2000

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

Faculty Publications

No abstract provided.


Vol. 17, No. 3, Lisa Salkovitz Kohn Jul 2000

Vol. 17, No. 3, Lisa Salkovitz Kohn

The Illinois Public Employee Relations Report

Contents:

Employment Disputes after Sutton and Murphy: Are the Courts Losing Sight of the Purposes of the ADA?, by Lisa Salkovitz Kohn

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan


The Failure Of The Integrated Enterprise Test: Why Courts Need To Find New Answers To The Multiple-Employer Puzzle In Federal Discrimination Cases, Mark Crandley Jul 2000

The Failure Of The Integrated Enterprise Test: Why Courts Need To Find New Answers To The Multiple-Employer Puzzle In Federal Discrimination Cases, Mark Crandley

Indiana Law Journal

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 Jun 2000

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.


Reclaiming The Labor Movement Through Union Dues? A Postmodern Perspective In The Mirror Of Public Choice Theory, Harry G. Hutchison Jun 2000

Reclaiming The Labor Movement Through Union Dues? A Postmodern Perspective In The Mirror Of Public Choice Theory, Harry G. Hutchison

University of Michigan Journal of Law Reform

The National Labor Relations Board's (NLRB) seeming powerlessness to process dues objector cases has led to a proliferation of state sponsored "paycheck protection" laws and popular referenda devised to ensure that workers will not be obliged to pay dues for non-germane purposes. Recently, California captured national attention as the site of a richly contested paycheck protection referendum. Such proposals have electrified union advocates and have enlivened the debate over the proper use of union dues. In addition, recent attempts to reform campaign finance have run aground on the thorny issue of union political contributions (both in-kind and in cash ...


People Before Profits: Pursuing Corporate Accountability For Labor Rights Violations Abroad Through The Alien Tort Claims Act, Douglas S. Morrin May 2000

People Before Profits: Pursuing Corporate Accountability For Labor Rights Violations Abroad Through The Alien Tort Claims Act, Douglas S. Morrin

Boston College Third World Law Journal

In their book, Corporate Predators: The Hunt For Mega-Profits and The Attack on Democracy, Russell Mokhiber and Robert Weissman expose the pervasiveness of rights violations committed by corporations both domestically and abroad. However, while the authors alert their readers to and educate them about the dangers of globalization, they fail to provide many clear solutions. Fortunately, evidence suggests that the United States judicial system is already being used to pursue corporate accountability in the global marketplace. The Alien Tort Claims Act (ATCA), adopted by the first Congress in the Judiciary Act of 1789, provides foreigners who suffer human rights injuries ...


Fighting Gender Discrimination In The Chinese Workplace, Christine M. Bulger May 2000

Fighting Gender Discrimination In The Chinese Workplace, Christine M. Bulger

Boston College Third World Law Journal

This Note analyzes the avenues available to Chinese women in their struggle for workplace equality. While China has enacted a number of laws that appear to afford women equal opportunity in employment, the ineffectiveness of these laws is quite apparent. There are many reasons for this, including the inherent inadequacies of many of China's statutes and of its Constitution, barriers and failures within the legal and court systems, and the traditional inferior status of women in Chinese society. However, as young Chinese citizens are becoming less dependent upon their government, they are also becoming more willing than earlier generations ...


Business-Only E-Mail Policies In The Labor Organizing Context: It Is Time To Recognize Employee And Employer Rights, Allegra Kirsten Weiner May 2000

Business-Only E-Mail Policies In The Labor Organizing Context: It Is Time To Recognize Employee And Employer Rights, Allegra Kirsten Weiner

Federal Communications Law Journal

Cyberspace changed communication in the workplace. Now that employees are on employers' e-mail systems, union organizers can contact employees in the workplace, during working hours, without any of the obstacles that more traditional forms of union communication impose. Of course this new technologically-advanced labor organizing is ideal for the labor organizers, but it also interferes with the rights of employers. Which groups interests' prevail? Unfortunately there is no precedent. Normally, adherence to the National Labor Relations Board (NLRB) decisions is the answer but no case has come before the NLRB that solves this issue. Therefore, employers and employees are left ...


Stumbling At The Finish Line: Employment Discrimination And The Utah Supreme Court In Burton V. Exam Center Industrial, Evan S. Tilton May 2000

Stumbling At The Finish Line: Employment Discrimination And The Utah Supreme Court In Burton V. Exam Center Industrial, Evan S. Tilton

BYU Law Review

No abstract provided.


Domestic Partner Benefits Limited To Same-Sex Couples: Sex Discrimination Under Title Vii, Paul R. Lynd Apr 2000

Domestic Partner Benefits Limited To Same-Sex Couples: Sex Discrimination Under Title Vii, Paul R. Lynd

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.