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Articles 1 - 30 of 182
Full-Text Articles in Labor and Employment Law
The Possible Final Word On Employment Discrimination Relief, Neal Devins
The Possible Final Word On Employment Discrimination Relief, Neal Devins
Neal E. Devins
No abstract provided.
Seniority Rights Vs. Racial Quotas, Neal Devins
Reagan Redux: Civil Rights Under Bush, Neal Devins
Reagan Redux: Civil Rights Under Bush, Neal Devins
Neal E. Devins
No abstract provided.
Brief For The Lawyers' Committee For Civil Rights Under Law; Aarp; The American Civil Liberties Union Foundation; The Legal Aid Society – Employment Law Center; The National Asian Pacific American Legal Consortium; The National Association For The Advancement Of Colored People; The National Employment Lawyers Association; The National Partnership For Women And Families; The National Women's Law Center; And Now Legal Defense And Education Fund; As Amici Curiae In Support Of Respondent, Susan Grover, Patricia E. Roberts, Barbara R. Arnwine, Thomas J. Henderson, Michael L. Foreman, Sarah R. Crawford, Audrey Wiggins
Brief For The Lawyers' Committee For Civil Rights Under Law; Aarp; The American Civil Liberties Union Foundation; The Legal Aid Society – Employment Law Center; The National Asian Pacific American Legal Consortium; The National Association For The Advancement Of Colored People; The National Employment Lawyers Association; The National Partnership For Women And Families; The National Women's Law Center; And Now Legal Defense And Education Fund; As Amici Curiae In Support Of Respondent, Susan Grover, Patricia E. Roberts, Barbara R. Arnwine, Thomas J. Henderson, Michael L. Foreman, Sarah R. Crawford, Audrey Wiggins
Patricia E. Roberts
No abstract provided.
Adarand Constructors, Inc. V. Pena And The Continuing Irrelevance Of Supreme Court Affirmative Action Decisions, Neal Devins
Adarand Constructors, Inc. V. Pena And The Continuing Irrelevance Of Supreme Court Affirmative Action Decisions, Neal Devins
Neal E. Devins
No abstract provided.
Contract Rights And Civil Rights, Davison M. Douglas
Contract Rights And Civil Rights, Davison M. Douglas
Davison M. Douglas
No abstract provided.
Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley
Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley
Richard M. Buxbaum
This comment letter was submitted by U.C. Berkeley corporate law professors in response to a request for comment by the Health and Human Services Department on the definition of "eligible organization" under the Affordable Care Act in light of the Supreme Court's decision in Burwell v. Hobby Lobby. "Eligible organizations" will be permitted under the Hobby Lobby decision to assert the religious principles of their shareholders to exempt themselves from the Affordable Care Act's contraceptive mandate for employees.
In Hobby Lobby, the Supreme Court held that the nexus of identity between several closely-held, for-profit corporations and their shareholders holding “a …
Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley
Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley
Robert Bartlett
This comment letter was submitted by U.C. Berkeley corporate law professors in response to a request for comment by the Health and Human Services Department on the definition of "eligible organization" under the Affordable Care Act in light of the Supreme Court's decision in Burwell v. Hobby Lobby. "Eligible organizations" will be permitted under the Hobby Lobby decision to assert the religious principles of their shareholders to exempt themselves from the Affordable Care Act's contraceptive mandate for employees.
In Hobby Lobby, the Supreme Court held that the nexus of identity between several closely-held, for-profit corporations and their shareholders holding “a …
Analysis Of People Of The State Of New York, Buffalo Gyn Womenservices, Planned Parenthood Of Rochester/Syracuse Region, Et. Al. V. Operation Rescue National, Et. Al., Lucinda Finley
Lucinda M. Finley
No abstract provided.
State Labor Law And Federal Police Reform, Stephen Rushin, Allison Garnett
State Labor Law And Federal Police Reform, Stephen Rushin, Allison Garnett
Stephen Rushin
No abstract provided.
The Audacity Of Protecting Racist Speech Under The National Labor Relations Act, Michael Z. Green
The Audacity Of Protecting Racist Speech Under The National Labor Relations Act, Michael Z. Green
Michael Z. Green
This Article, written for a symposium hosted by the University of Chicago Legal Forum on the Disruptive Workplace, analyzes the most recent failures of the National Labor Relations Board (NLRB) to determine a thoughtful and balanced approach in addressing racist speech. Imagine two employees in the private sector workplace are discussing the possibility of selecting a union to represent their interests regarding wages and working conditions. During this conversation, a black employee notes the importance of using their collective voices to improve working conditions and compares the activity of selecting a union with the Black Lives Matter protests aimed at …
From Rights To Claims: The Role Of Civil Society In Making Rights Real For Vulnerable Workers, Shannon Gleeson
From Rights To Claims: The Role Of Civil Society In Making Rights Real For Vulnerable Workers, Shannon Gleeson
Shannon Gleeson
This article examines the contextual factors driving legal mobilization of workers in the United States through an analysis of national origin discrimination charges under Title VII of the 1964 Civil Rights Act (2000-2005). Consistent with previous studies, this analysis confirms that high unemployment levels and weak labor protections promote legal mobilization. The findings also highlight the positive role that civil society may play in promoting claims-making. I argue that nongovernmental organizations fill the gap in places where organized labor is weak, and may help support claims-making particularly in places with a larger vulnerable workforce. The article concludes by offering suggestions …
Clarifying Stereotyping, Kerri Lynn Stone
Clarifying Stereotyping, Kerri Lynn Stone
Kerri Stone
This Article addresses the largely undefined, misunderstood-yet-often-resorted-to concept of “stereotyping” as a basis for, or sufficient evidence of, liability for employment discrimination. Since, the concept’s genesis in Supreme Court jurisprudence in 1989, Price Waterhouse v. Hopkins, plaintiffs have proffered remarks alleged to be tinged with, or indicating the presence of, impermissible stereotypes as evidence of discrimination based on protected-class status – be that sex, race, color, religion, or national origin – in contravention of Title VII of the Civil Rights Act of 1964. The Article examines the language in Hopkins and its precise mandates and guidance for lower courts. It …
Civil Rights Without Remedies: Vicarious Liability Under Title Vii, Section 1983, And Title Ix, Catherine Fisk, Erwin Chemerinsky
Civil Rights Without Remedies: Vicarious Liability Under Title Vii, Section 1983, And Title Ix, Catherine Fisk, Erwin Chemerinsky
Erwin Chemerinsky
The Supreme Court has taken an inconsistent approach to allowing vicarious liability under major civil rights statutes. In recent cases, the Court has permitted qualified vicarious liability for supervisors' sexual harassment under Title VII, but rejected vicarious liability under Title IX. Earlier, the Court rejected vicarious liability for local governments sued under Section 1983. In this Article, Professors Fisk and Chemerinsky describe the Court's inconsistent approaches and argue that they cannot bejustfied by the text or legislative history of these statutes. Professors Fisk and Chemerinsky argue that each of these statutes is meant to achieve the same purpose, deterring civil …
An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky
An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper
Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper
Catherine Fisk
No abstract provided.
Civil Rights Without Remedies: Vicarious Liability Under Title Vii, Section 1983, And Title Ix, Catherine Fisk, Erwin Chemerinsky
Civil Rights Without Remedies: Vicarious Liability Under Title Vii, Section 1983, And Title Ix, Catherine Fisk, Erwin Chemerinsky
Catherine Fisk
The Supreme Court has taken an inconsistent approach to allowing vicarious liability under major civil rights statutes. In recent cases, the Court has permitted qualified vicarious liability for supervisors' sexual harassment under Title VII, but rejected vicarious liability under Title IX. Earlier, the Court rejected vicarious liability for local governments sued under Section 1983. In this Article, Professors Fisk and Chemerinsky describe the Court's inconsistent approaches and argue that they cannot bejustfied by the text or legislative history of these statutes. Professors Fisk and Chemerinsky argue that each of these statutes is meant to achieve the same purpose, deterring civil …
Gendering Disability To Enable Disability Rights Law, Michelle Travis
Gendering Disability To Enable Disability Rights Law, Michelle Travis
Michelle A. Travis
Pregnancy, Thomas E. Simmons
The Need For Self-Imposed Quotas In Academic Employment, Herma Hill Kay
The Need For Self-Imposed Quotas In Academic Employment, Herma Hill Kay
Herma Hill Kay
No abstract provided.
Monetizing Diaspora: Liquid Sovereigns, Fertile Workers, And The Interest-Convergence Around Remittance, Jose M. Gabilondo
Monetizing Diaspora: Liquid Sovereigns, Fertile Workers, And The Interest-Convergence Around Remittance, Jose M. Gabilondo
José Gabilondo
No abstract provided.
What Should Law Enforcement Role Be In Addressing Quality Of Life Issues Associated With Section 8 Housing?, D'Andre D. Lampkin
What Should Law Enforcement Role Be In Addressing Quality Of Life Issues Associated With Section 8 Housing?, D'Andre D. Lampkin
D'Andre Devon Lampkin
The purpose of this research project is to discuss the challenges law enforcement face when attempting to address quality of life issues for residents residing in and around Section 8 federal housing. The paper introduces readers to the purpose of Section 8 housing, the process in which residents choose subsidized housing, and the legal challenges presented when law enforcement agencies are assisting city government to address quality of life issues. For purposes of this research project, studies were sampled to illustrate where law enforcement participation worked and where law enforcement participation leads to unintended legal ramifications.
Angry Employees, Susan D. Carle
Angry Employees, Susan D. Carle
Susan D. Carle
Class Actions Under The Age Discrimination In Employment Act: The Question Is Why Not?, Anne S. Emanuel
Class Actions Under The Age Discrimination In Employment Act: The Question Is Why Not?, Anne S. Emanuel
Anne S. Emanuel
No abstract provided.
Marital Status And Privilege, Laura Rosenbury
Marital Status And Privilege, Laura Rosenbury
Laura A. Rosenbury
This essay challenges the privilege attaching to marriage as a distinct form of relationship. Responding to Angela Onwuachi-Willig’s new book, According to Our Hearts: Rhinelander v. Rhinelander and the Law of the Multiracial Family, the essay identifies the legal and extralegal privileges flowing not just to monoracial marriage but to marriage. States recognize and support one form of relationship between adults to the exclusion of all others, creating privilege that flows outside of the home into the workplace and beyond. Instead of arguing that such privilege should be distributed more equally between monoracial and multiracial couples, this essay seeks to …
How To Define Who Qualifies As An Employee Within The Meaning Of Title Vii?, Steven Kaminshine
How To Define Who Qualifies As An Employee Within The Meaning Of Title Vii?, Steven Kaminshine
Steven J. Kaminshine
No abstract provided.
Age Discrimination And The Prima Facie Case: Supreme Court's Age Discrmination Decision Fails To Resolve Key Questions Arising Under The Adea, Steven Kaminshine
Age Discrimination And The Prima Facie Case: Supreme Court's Age Discrmination Decision Fails To Resolve Key Questions Arising Under The Adea, Steven Kaminshine
Steven J. Kaminshine
No abstract provided.
Overruling The Jury: Duncan V. Gmc And Appellate Treatment Of Hostile Work Environment Judgments, Dara Purvis
Overruling The Jury: Duncan V. Gmc And Appellate Treatment Of Hostile Work Environment Judgments, Dara Purvis
Dara Purvis
In 2002, the Eighth Circuit reversed a one million dollar jury award to the plaintiff in a sexual harassment suit against General Motors Corporation. This reversal demonstrates the danger of appellate review of such verdicts, limiting sexual harassment verdicts to the lowest common denominator in that circuit.
Rights In Recession: Toward Administrative Antidiscrimination Law, Stephanie Bornstein
Rights In Recession: Toward Administrative Antidiscrimination Law, Stephanie Bornstein
Stephanie Bornstein
This Article documents how, over the past six years and coinciding with the “Great Recession of 2008,” both public and private antidiscrimination enforcement mechanisms have become increasingly constrained, such that the ability to enforce the mandate of Title VII of the Civil Rights Act of 1964 - the main federal law prohibiting employment discrimination - may be facing a crisis point. While enforcement mechanisms for federal antidiscrimination law have long left room for improvement, recent developments in the economy, due to the 2008 recession, and in federal case law, due to a series of procedural decisions by the Roberts Court, …
Stemming The Hobby Lobby Tidal Wave: Why Rfra Challenges To Obama's Executive Order Prohibiting Federal Contractors From Discriminating Against Lgbt Employees Will Not Succeed, Kayla Higgins
Kayla Higgins
On July 21, 2014 President Obama released Executive Order 13672, which expressly aimed to provide for a uniform policy for the Federal Government to prohibit discrimination and take further steps to promote economy and efficiency in Federal Government procurement by prohibiting discrimination based on sexual orientation and gender identity. Some commentators believe that the order “could be the next battleground” for the competing views of religious leaders and liberals when it comes to how to weigh religious liberty against other priorities. However, there are two main reasons why the most recent executive order should not crumble under the Hobby Lobby …