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Full-Text Articles in Law
Derivative Racial Discrimination, Kevin Woodson
Derivative Racial Discrimination, Kevin Woodson
Law Faculty Publications
This Article introduces the concept of derivative racial discrimination, a process of institutional discrimination in which certain social and cultural dynamics impede the careers of minority workers in predominantly white firms even in the absence of racial biases and stereotypes. Derivative racial discrimination is a manifestation of cultural homophily, the universal tendency of people to gravitate toward others with similar cultural interests and backgrounds. Although not intrinsically racial, cultural homophily disadvantages minority workers in predominantly white work settings due to various race-related social and cultural differences. Seemingly inconsequential in isolation, these differences produce racial disparities in the accrual of valuable …
Mancession Or Momcession? Good Providers, A Bad Economy, And Gender Discrimination, Allison Anna Tait
Mancession Or Momcession? Good Providers, A Bad Economy, And Gender Discrimination, Allison Anna Tait
Law Faculty Publications
Against this backdrop of precarious and disappearing work, two new elements became important: who was out of work, and how those still employed were navigating bad jobs. These questions laid the foundation for a flood of stories concerning unemployment and bad employment. Unsurprisingly, gender played a leading role in the debates. This article will discuss these two concerns--employment and workplace discrimination-as they intersect with gender and gender stereotypes.
The Limits Of Multiple Rights And Remedies: A Call For Revisiting The Law Of The Workplace, Ann C. Hodges
The Limits Of Multiple Rights And Remedies: A Call For Revisiting The Law Of The Workplace, Ann C. Hodges
Law Faculty Publications
The IBM decision illustrates two major problems with current workplace regulation. First, there are two distinct but overlapping systems - the individual and the collective - which often collide. The result is, at best, an imperfect realization of rights under both systems, and perhaps more often, the sacrifice of rights under one to rights under the other. Second, the multitude of forums available for litigation results in multiple claims arising out of the same action, as well as tribunals deciding issues outside their expertise. After analyzing the IBM decision, I will consider the costs and benefits of the current regulatory …
The Employment Law Decisions Of The October 2000 Term Of The Supreme Court: A Review And Analysis, Ann C. Hodges
The Employment Law Decisions Of The October 2000 Term Of The Supreme Court: A Review And Analysis, Ann C. Hodges
Law Faculty Publications
During the October 2000 Term, the Supreme Court delivered major setbacks for employees in Circuit City Stores, Inc. v. Adams, which upheld mandatory and binding arbitration of federal and state employment discrimination claims through arbitration clauses forced upon employees as a condition of employment, and in Board of Trustees of the University of Alabama v. Garrett, which shielded state employers from federal court law suits brought under the Americans with Disabilities Act by victims of disability discrimination in employment. Employees escaped harm in Pollard v. E.I du Pont de Nemours & Co., in which the Court followed nearly unanimous circuit …
The Employment Law Decisions Of The October 1999 Term Of The Supreme Court: Review And Analysis, Ann C. Hodges
The Employment Law Decisions Of The October 1999 Term Of The Supreme Court: Review And Analysis, Ann C. Hodges
Law Faculty Publications
The five employment law cases decided by the Supreme Court during the October 1999 Term bring to nineteen the total number of significant employment law cases decided by the Court during the last three terms. The October 1997 Term cases were marked by primary focus on employer liability, under Title VII of the Civil Rights Act of 1964, for sexual harassment by supervisors. Primary focus during the 1998 Term was on disability discrimination under the Americans with Disabilities Act of 1990 (ADA) and on the constitutionality of actions brought by private parties against states under the Fair Labor Standards Act …
Protecting Unionized Employees Against Discrimination: The Fourth Circuit's Misinterpretation Of Supreme Court Precedent, Ann C. Hodges
Protecting Unionized Employees Against Discrimination: The Fourth Circuit's Misinterpretation Of Supreme Court Precedent, Ann C. Hodges
Law Faculty Publications
This article will first review the Supreme Court's arbitration jurisprudence, concentrating on labor and employment law cases. Next, the article will analyze the cases involving arbitration under collective bargaining agreements decided by the courts of appeals subsequent to Gilmer. The article will then evaluate the two different approaches of the circuit courts in light of the law relating to collective bargaining and union representation. Finally, the article will review alternative methods of protecting employee rights to determine whether unions can preserve employees' statutory rights under the rule of the Fourth Circuit. The article concludes that the Supreme Court should …