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Articles 1 - 30 of 224
Full-Text Articles in Law
Beyond The Cat’S Paw: An Argument For Adopting A “Substantially Influences” Standard For Title Vii And Adea Liability, Tim Davis
The University of New Hampshire Law Review
[Excerpt] “Susan, an African-American nurse, has worked for a large group of physicians for nearly twenty years and is nearing the end of her career. Susan’s boss has recently retired and has been replaced by a man with an animus toward African-Americans. This has put Susan in a precarious situation.
Instead of overtly discriminating against her, Susan’s supervisor complains to the large medical practice’s personnel committee that Susan’s work is substandard and she no longer is a productive worker. The committee, based on the supervisor’s report, fires Susan.
When Susan goes to court to assert her right not to be …
Labor And Employment Law, W. Melvin Haas Iii, William M. Clifton Iii, W. Jonathan Martin Ii, Glen R. Fagan
Labor And Employment Law, W. Melvin Haas Iii, William M. Clifton Iii, W. Jonathan Martin Ii, Glen R. Fagan
Mercer Law Review
This Article surveys recent developments in state statutory and common law that affect labor and employment relations between Georgia employers and employees. Accordingly, it surveys published decisions from the Georgia Court of Appeals and the Georgia Supreme Court from June 1, 2006 to May 31, 2007, as well as selected cases decided by the United States District Court, which purported to refine principles of Georgia employment law. This Article also highlights specific revisions to the Official Code of Georgia Annotated ("O.C.G.A.").
Presenter, “The Bca And The Ncaa: How Title Vii May Level The Playing Field In The Collegiate Coaching Ranks”, N. Jeremi Duru
Presenter, “The Bca And The Ncaa: How Title Vii May Level The Playing Field In The Collegiate Coaching Ranks”, N. Jeremi Duru
Presentations
In January 2007, only 5% of the 119 head coaches in Division I-A college football teams were minorities. This number is startling in light of the fact that in National Collegiate Athletic Association (NCAA) football teams 55% of the student-athletes are from minority groups. Even the president of the NCAA, Myles Brand, has stated that this organization has had a “dismal record of hiring people of color into head coaching positions, especially in the sport of football.” The disparity between the numbers of coaches and players has prompted an action brought by the Black Coaches & Administrators (BCA). The BCA …
Labor And Employment Law, W. David Paxton, Gregory R. Hunt
Labor And Employment Law, W. David Paxton, Gregory R. Hunt
University of Richmond Law Review
No abstract provided.
Contributory Disparate Impacts In Employment Discrimination Law, Peter Siegelman
Contributory Disparate Impacts In Employment Discrimination Law, Peter Siegelman
William & Mary Law Review
An employer who adopts a facially neutral employment practice that disqualifies a larger proportion of protected-class applicants than others is liable under a disparate impact theory. Defendants can escape liability if they show that the practice is justified by business necessity. But demonstrating business necessity requires costly validation studies that themselves impose a significant burden on defendants-upwards of $100,000 according to some estimates. This Article argues that an employer should have a defense against disparate impact liability if it can show that protected-class applicants failed to make reasonable efforts to train or prepare for a job related test. That is, …
Paying For The Sins Of Their Clients The Eeocs Position That Staffing Firms Can Be Liable When Their Clients Terminate An Assigned Employee For A Discriminatory Reason, Daniel P. O'Gorman
Paying For The Sins Of Their Clients The Eeocs Position That Staffing Firms Can Be Liable When Their Clients Terminate An Assigned Employee For A Discriminatory Reason, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
Toward A Foundational Theory Of Workers' Rights: The Autonomous Dignified Worker, Anne M. Lofaso
Toward A Foundational Theory Of Workers' Rights: The Autonomous Dignified Worker, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
Invisible Actors: Genetic Testing And Genetic Discrimination In The Workplace, Susannah Carr
Invisible Actors: Genetic Testing And Genetic Discrimination In The Workplace, Susannah Carr
University of Arkansas at Little Rock Law Review
Current federal and state law is inadequate to protect employees from employer's misuse of their genetic information. Genetic information is knowledge of a person's genome that indicates a predisposition towards an illness, disease, or medical condition, where symptoms of the condition have yet to manifest themselves. Federal law protections are insufficient, and relevant state laws vary in their scope and application. Not only are employees unevenly protected across the United States, but varying standards also make complying with the law difficult for interstate employees.
To give employees sufficient protection and to facilitate employer compliance, Congress should pass a law specifically …
A More Employee Friendly Standard For Pretext Claims After Ash V. Tyson, Deanna C. Brinkerhoff
A More Employee Friendly Standard For Pretext Claims After Ash V. Tyson, Deanna C. Brinkerhoff
Nevada Law Journal
No abstract provided.
Vol. 24, No. 4, Sara D. Jay, Patricia J. Aletky Ph.D, L.P.
Vol. 24, No. 4, Sara D. Jay, Patricia J. Aletky Ph.D, L.P.
The Illinois Public Employee Relations Report
Contents:
Psychological Evaluation in Labor Arbitration, by Sara D. Jay and Patricia J. Aletky
Recent Developments
Further References, compiled by Yoo-Seong Song
The New Massachusetts Health Law: Preemption And Experimentation, Edward A. Zelinsky
The New Massachusetts Health Law: Preemption And Experimentation, Edward A. Zelinsky
William & Mary Law Review
The Employee Retirement Income Security Act of 1974 (ERISA) preempts major features of the new Massachusetts health law. Although regrettable, this conclusion is mandated by ERISA's statutory terminology and the controlling case law. Other states, in fashioning their health care policies, are looking at elements of the new Massachusetts law. Just as ERISA preempts the individual and business contribution mandates of the Massachusetts statute, ERISA will preempt any similar provisions adopted by other states.
Because state experimentation with health care is particularly desirable today, Congress should, at a minimum, amend ERISA to validate the new Massachusetts health law. More comprehensively, …
Separating Contract And Promise, Aditi Bagchi
Separating Contract And Promise, Aditi Bagchi
All Faculty Scholarship
Contract has been conceptualized as a species of promise. Treating contractual promise as a kind of promise highlights certain important aspects of contracting, but it also obscures essential differences between legally binding and everyday, or what I will call “private,” promises. The moral character of a private promise depends on the fact that it is not only freely made but also freely kept. Most contractual promises are not intended to have and (by definition) do not have this voluntary character. A promisor essentially opts out of the private practice of promising when she assigns to a third party the authority …
Massworks: Quality Employment Services: Where Research And Practice Meet, Rick Kugler, Cindy Thomas
Massworks: Quality Employment Services: Where Research And Practice Meet, Rick Kugler, Cindy Thomas
MassWorks Series, Institute for Community Inclusion
Providing quality employment services to people with disabilities requires a substantial commitment of time, energy, and resources. Given this investment and our obligation to individuals with disabilities, we as providers must deliver the most effective services possible.
A Lesson From The East: International Labor Rights And The U.S.-Cambodia Trade Agreement Of 1999, Michael Hecker
A Lesson From The East: International Labor Rights And The U.S.-Cambodia Trade Agreement Of 1999, Michael Hecker
Buffalo Public Interest Law Journal
No abstract provided.
Data Note: National Day And Employment Service Trends In Mr/Dd Agencies, Jean E. Winsor, John Butterworth
Data Note: National Day And Employment Service Trends In Mr/Dd Agencies, Jean E. Winsor, John Butterworth
Data Note Series, Institute for Community Inclusion
In FY2004, 22% of individuals receiving day supports from state mental retardation or developmental disability (MR/DD) agencies participated in integrated employment while 56.5% of individuals were supported in facility-based settings. While the data demonstrate a continued decrease in the percent of people served in facility-based settings (from 60% in 1999 to 57% in 2004), it also suggests a slight decrease in the percent served in integrated employment (from 25.5% in 1999 to 22% in 2004).
A Square Peg And A Round Hole: The Application Of Weingarten Rights To Employee Drug And Alcohol And Alcohol Testing, Daniel V. Johns
A Square Peg And A Round Hole: The Application Of Weingarten Rights To Employee Drug And Alcohol And Alcohol Testing, Daniel V. Johns
Pace Law Review
No abstract provided.
"You're Fired!" Determining Whether A Wrongly Terminated Employee Who Has Been Reinstated With Back Pay Has An Actionable Title Vii Retaliation Claim, Anna Ku
Washington and Lee Law Review
No abstract provided.
Whistleblowing And The Employee’S Obligations Under The Contract Of Employment: A Critique Of Nigeria’S Position, Ibrahim Sule
Whistleblowing And The Employee’S Obligations Under The Contract Of Employment: A Critique Of Nigeria’S Position, Ibrahim Sule
Ibrahim Sule
Whistle-blowing as an emerging phenomenon may be defined as “passing on information from a conviction that it should be passed on despite (not because of) the embarrassment it could cause to those implicated” . It has recently been broadly defined as “a culture that encourages the challenge of inappropriate behavior at all levels” , ranging from financial scandal, corruption or mismanagement to health and safety issues in the workplace. Whistleblowing is both “a risky business” and a helpful practice. It is a risky business because of the dangers, the detriment and threats awaiting an employee who reveals wrongdoing in the …
Summary Of Manwill V. Clark County, 123 Nev. Adv. Op. No. 28, Erin Phillips
Summary Of Manwill V. Clark County, 123 Nev. Adv. Op. No. 28, Erin Phillips
Nevada Supreme Court Summaries
Appeal from district court order denying judicial review in an occupational disease case.
New Governance And Decentralisation In Employment Policy, Milena Buchs, Mariely Lopez-Santana
New Governance And Decentralisation In Employment Policy, Milena Buchs, Mariely Lopez-Santana
International Collaborative on Social Europe
When thinking about the traditional boundaries of the welfare state, particularly of labour and employment policies, we tend to place them within the boundaries of the nation-state. However, with contemporary processes of European economic integration and devolution of competences to sub-national entities, our understanding of the spatial configuration of the welfare state has been challenged. These developments are also partially related to 'new governance' patterns in social policy. The authors explore the 'downward' movement of employment and labour market policies (LMP) in Germany, the United Kingdom, and Italy and explore cross-national differences regarding the characteristics and degree of decentralisation. The …
La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva
La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva
Edward Ivan Cueva
La Cesión de Derechos en el Código Civil Peruano
Institute Brief: Increasing Placement Through Professional Networking, Allison Fleming, Diane Loud
Institute Brief: Increasing Placement Through Professional Networking, Allison Fleming, Diane Loud
The Institute Brief Series, Institute for Community Inclusion
The national percentage of people of working age with disabilities who are employed continues to hover around 37%, compared with 80% for their peers without disabilities. However, according to the Harris Poll (2004), 67% of people with disabilities who are not currently working would like to be. In the late 1990s, a Presidential Task Force began work on improving the employment rate for adults with disabilities, a national priority that was further supported by the New Freedom Initiative of 2001, creating a bipartisan effort. Despite these initiatives, the rate of employment for people with disabilities has not increased.
Vol. 24, No. 3, Jourlande Gabriel
Vol. 24, No. 3, Jourlande Gabriel
The Illinois Public Employee Relations Report
Contents:
Dismantling the Public Sector Pension "Crisis", by Jourlande Gabriel
Recent Developments
Further References, compiled by Yoo-Seong Song
Introduction, Workplace Flexibility 2010, Georgetown University Law Center
Introduction, Workplace Flexibility 2010, Georgetown University Law Center
Memos and Fact Sheets
On December 1, 2006, the Department of Labor (“DOL”) issued a Request for Information (“RFI”) seeking public comments on the Family and Medical Leave Act (“FMLA”). The RFI was divided into three sections. Part I provided a summary and background of the FMLA, existing DOL regulations, legal challenges, and related issues. Part II described twelve specific topics about which the DOL sought comment.Part III discussed a 2000 Westat Report that estimated the number of employees and employers covered under the FMLA and the number of employees who used the FMLA. According to the DOL, over 15,000 comments were submitted in …
The Definition Of “Serious Health Condition”, Workplace Flexibility 2010, Georgetown University Law Center
The Definition Of “Serious Health Condition”, Workplace Flexibility 2010, Georgetown University Law Center
Memos and Fact Sheets
Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about the definition of "Serious health condition".
Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.
Essential Functions, Workplace Flexibility 2010, Georgetown University Law Center
Essential Functions, Workplace Flexibility 2010, Georgetown University Law Center
Memos and Fact Sheets
Part one of this memorandum contains a summary of questions asked in the DOL request for information about the implications of providing accommodations to employees with serious health conditions to enable them to perform their jobs with accommodations, rather than taking FLMA leave.
Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.
Eligible Employee, Workplace Flexibility 2010, Georgetown University Law Center
Eligible Employee, Workplace Flexibility 2010, Georgetown University Law Center
Memos and Fact Sheets
Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about who meets the statutory and regulatory definition of an "Eligible Employee."
Part two of this memorandum contains the relevant statutory and rgulatory text. Part two also lists other sources cited in the comments about this topic.
Light Duty, Workplace Flexibility 2010, Georgetown University Law Center
Light Duty, Workplace Flexibility 2010, Georgetown University Law Center
Memos and Fact Sheets
Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about "Light Duty" work.
Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.
Different Types Of Fmla Leave, Workplace Flexibility 2010, Georgetown University Law Center
Different Types Of Fmla Leave, Workplace Flexibility 2010, Georgetown University Law Center
Memos and Fact Sheets
Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about the different types of FMLA leave.
Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.
Attendance Policies, Workplace Flexibility 2010, Georgetown University Law Center
Attendance Policies, Workplace Flexibility 2010, Georgetown University Law Center
Memos and Fact Sheets
Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about attendance policies.
Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.