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Articles 1 - 13 of 13

Full-Text Articles in Law

The Liability Of Third Parties Under Title Vii, Andrew O. Schiff Oct 1984

The Liability Of Third Parties Under Title Vii, Andrew O. Schiff

University of Michigan Journal of Law Reform

This Note considers the extent to which Title VII covers discrimination by third parties other than employment agencies and labor organizations. Part I analyzes the rationale for covering third parties, discussing Title VIl's language and the policies that Congress intended it to serve. Part II proposes a framework for analyzing the liability of third parties. Part III applies this framework to three instances where courts have disagreed about the liability of a particular third party: insurance companies' administration of employee benefits, state licensing agencies' licensing of individuals for various occupations, and hospitals' granting of staff privileges to doctors.


Yankees Out Of North America: Foreign Employer Job Discrimination Against American Citizens, Michigan Law Review Oct 1984

Yankees Out Of North America: Foreign Employer Job Discrimination Against American Citizens, Michigan Law Review

Michigan Law Review

This Note explores Title VII's relationship to the hiring practices of foreign employers. It focuses on Japanese employers, who might face the toughest Title VII challenge to a business and cultural familiarity or citizenship requirement. Part I sets out arguments for and against finding intentional discrimination - disparate treatment - in either of these hiring requirements. It suggests that a court should refuse to find national origin discrimination when the employer imposes a business and cultural familiarity requirement. However, when an applicant is denied employment solely on the basis of citizenship, a strong argument may be made that the …


The 1982 Amendments To The Voting Rights Act: A Statutory Analysis Of The Revised Bailout Provisions, Richard A. Williamson Apr 1984

The 1982 Amendments To The Voting Rights Act: A Statutory Analysis Of The Revised Bailout Provisions, Richard A. Williamson

Faculty Publications

No abstract provided.


Justice At War: The Story Of The Japanese American Internment Cases, Michigan Law Review Feb 1984

Justice At War: The Story Of The Japanese American Internment Cases, Michigan Law Review

Michigan Law Review

A Review of Justice at War: The Story of the Japanese American Internment Cases by Peter Irons


Equality And Discrimination Under International Law, Michigan Law Review Feb 1984

Equality And Discrimination Under International Law, Michigan Law Review

Michigan Law Review

A Review of Equality and Discrimination Under International Law by Warwick McKean


Did The Stotts Decision Really Spell The End Of Race-Conscious Affirmative Action?, William L. Robinson, Stephen L. Spitz Jan 1984

Did The Stotts Decision Really Spell The End Of Race-Conscious Affirmative Action?, William L. Robinson, Stephen L. Spitz

NYLS Journal of Human Rights

No abstract provided.


The Propriety Of Denying Entry To Homosexual Aliens: Examining The Public Health Service's Authority Over Medical Exclusions, Robert Poznanski Jan 1984

The Propriety Of Denying Entry To Homosexual Aliens: Examining The Public Health Service's Authority Over Medical Exclusions, Robert Poznanski

University of Michigan Journal of Law Reform

This Note defends the position that the PHS has the authority to define homosexuality for the purpose of the section 212(a)(4) exclusion, and that the PHS definition is binding upon the INS. Therefore, the PHS's decision to refuse to examine aliens for homosexuality precludes the INS from excluding aliens on that basis. Part I of this Note traces the history of the policy of excluding homosexual aliens. Part II maintains that, regardless of the psychiatric profession's interpretation of ''psychopathic personality,'' Congress intended the expression to encompass homosexuality. Part III contends that Congress intended to empower the PHS to change its …


The Role Of Unions In The 1980s, Symposium, Women In The Workplace: Comparable Worth, Judith P. Vladeck Jan 1984

The Role Of Unions In The 1980s, Symposium, Women In The Workplace: Comparable Worth, Judith P. Vladeck

Fordham Law Review

No abstract provided.


The Role Of Unions In The 1980s, Symposium, Women In The Workplace: Comparable Worth, Judith P. Vladeck Jan 1984

The Role Of Unions In The 1980s, Symposium, Women In The Workplace: Comparable Worth, Judith P. Vladeck

Fordham Law Review

No abstract provided.


Discriminatory Discharge In A Sports Context: A Reassessment Of The Burden Of Proof And Remedies Under The National Labor Relations Act, Jeffrey Goore Jan 1984

Discriminatory Discharge In A Sports Context: A Reassessment Of The Burden Of Proof And Remedies Under The National Labor Relations Act, Jeffrey Goore

Fordham Law Review

No abstract provided.


Standing And Adverseness In Challenges Of Tax Exemptions For Discriminatory Private Schools, Thomas Mccoy, Neal Devins Jan 1984

Standing And Adverseness In Challenges Of Tax Exemptions For Discriminatory Private Schools, Thomas Mccoy, Neal Devins

Fordham Law Review

No abstract provided.


Discrimination Bans Demonstrate Approaching Maturity Of Employment Law, Theodore J. St. Antoine Jan 1984

Discrimination Bans Demonstrate Approaching Maturity Of Employment Law, Theodore J. St. Antoine

Articles

The pervasive message of this symposium sponsored by the Labor Relations Law Section, whether or not intended by the individual authors, is that American employment law is moving beyond adolescence and may be approaching maturity.


Privacy And The Sex Bfoq: An Immodest Proposal, Carolyn S. Bratt Jan 1984

Privacy And The Sex Bfoq: An Immodest Proposal, Carolyn S. Bratt

Law Faculty Scholarly Articles

Since the adoption of Title VII of the Civil Rights Act of 1964, courts have been called upon to determine whether an employer can avoid liability for refusing to hire employees of one sex by invoking the privacy rights of its customers. Two recent court decisions are illustrative of the question and its resolution. In Backus v. Baptist Medical Center, the defendant employer's policy of excluding male nurses from the labor and delivery section of its obstetrics and gynecology department was challenged. The defendant established that most of the duties of a labor and delivery nurse involve exposure to …