Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Discrimination (2)
- Employment (2)
- Title VII (2)
- "Affirmative Action in Employment" (1)
- "Board of Education v. Taxman" (1)
-
- "Professor Michael Yelnosky" (1)
- ADEA (1)
- Affirmative action (1)
- Age Discrimination in Employment Act (1)
- Americans with Disabilities Act (1)
- Burden of proof (1)
- Cornell Law Review (1)
- Employment law (1)
- Equal Employment Opportunity Commission (EEOC) (1)
- Equal Protection Clause (1)
- Labor law (1)
- Labor movements (1)
- Labour Government (1)
- Legal rights (1)
- Piscataway (1)
- Remedial purpose (1)
- Rights in the workplace (1)
- Severance packages (1)
- Sex discrimination (1)
- Sexual harassment (1)
- Sexual orientation (1)
- Supreme Court (1)
- Taxman (1)
- Unions (1)
- W&M Faculty (1)
Articles 1 - 9 of 9
Full-Text Articles in Labor and Employment Law
Board Of Education V. Taxman: The Unpublished Opinions- Introduction, Michael J. Yelnosky, Ann C. Mcginley
Board Of Education V. Taxman: The Unpublished Opinions- Introduction, Michael J. Yelnosky, Ann C. Mcginley
Law Faculty Scholarship
No abstract provided.
Book Review Of Employment Discrimination Law, James S. Heller
Book Review Of Employment Discrimination Law, James S. Heller
Library Staff Publications
No abstract provided.
Adea Claimant Can Retain Severance Payments And Sue Former Employer, Susan J. Becker
Adea Claimant Can Retain Severance Payments And Sue Former Employer, Susan J. Becker
Law Faculty Articles and Essays
Former employees can maintain claims under the Age Discrimination in Employment Act (ADEA) without first repaying the consideration received for an invalid release of claims. The Supreme Court's pronouncement, Oubre v. Entergy Operations, Inc., 1988 U.S. Lexis 646 (Jan. 26, 1998), may change the way many employers negotiate and execute severance packages and settlements with terminated employees.
Civil Rights And Self-Concept: Life Stories Of Law, Disability And Employment, Frank W. Munger, David M. Engel
Civil Rights And Self-Concept: Life Stories Of Law, Disability And Employment, Frank W. Munger, David M. Engel
Articles & Chapters
No abstract provided.
Affirmative Action Awash In Confusion: Backward-Looking-Future-Oriented Justifications For Race-Conscious Measures, Ann C. Mcginley
Affirmative Action Awash In Confusion: Backward-Looking-Future-Oriented Justifications For Race-Conscious Measures, Ann C. Mcginley
Scholarly Works
The Third Circuit Court of Appeals, sitting en banc, decided Taxman v. Board of Education of the Township of Piscataway, in August 1996. Eight judges agreed that he Board of Education of Piscataway Township, New Jersey violated Title VII of the Civil Rights Act by using race, in accordance with its affirmative action policy, to break a tie between two teachers in the Business Department at Piscataway High School when determining which teacher to lay off. A strong dissent by Chief Judge Sloviter was joined by two other Court of Appeals judges. The majority decision is remarkable in its breadth, …
Does A Conspiracy To Terminate At-Will Employment Constitute An Injury To Property? An Analysis Of Haddle V. Garrison, Barbara J. Fick
Does A Conspiracy To Terminate At-Will Employment Constitute An Injury To Property? An Analysis Of Haddle V. Garrison, Barbara J. Fick
Journal Articles
This article previews the Supreme Court case Haddle v. Garrison, 525 U.S. 121 (1998). The author expected the Court to determine whether the termination of an at-will employee can be compensible under 42 U.S.C. § 1985, one of the Reconstruction Era Civil Rights Act.
Who's Responsible? Employer Liability For Supervisors' Hostile-Environment Sexual Harassment: An Analysis Of Faragher V. City Of Boca Raton, Barbara J. Fick
Who's Responsible? Employer Liability For Supervisors' Hostile-Environment Sexual Harassment: An Analysis Of Faragher V. City Of Boca Raton, Barbara J. Fick
Journal Articles
This article previews the Supreme Court case Faragher v. City of Boca Raton, 524 U.S. 775 (1998). The author expected the Court to address the issue of under what circumstances an employer is liabile under title VII of the Civil Rights Act of 1964 for a supervisor's sexual harassement that creates a hostile work environment.
Political Power Of Nuisance Law: Labor Picketing And The Courts In Modern England, 1871-Present, The , Rachel Vorspan
Political Power Of Nuisance Law: Labor Picketing And The Courts In Modern England, 1871-Present, The , Rachel Vorspan
Faculty Scholarship
This inquiry, a comprehensive historical study of the impact of nuisance law on labor picketing in England, comprises six sections. Part I introduces general principles of labor law and nuisance law in the nineteenth century, particularly the legislative scheme of "collective laissezfaire" that emerged after 1871 and remained relatively intact until 1980. Part II examines the use of nuisance doctrines against picketers in the first phase of confrontational picketing from 1889 to 1906, when the appearance of militant unions representing unskilled workers stimulated inventive judicial responses in both private and public nuisance. Part III investigates the much heralded judicial and …
Gender Sex Agency And Discrimination: A Reply To Professor Abrams, Katherine M. Franke
Gender Sex Agency And Discrimination: A Reply To Professor Abrams, Katherine M. Franke
Faculty Scholarship
According to the Equal Employment Opportunity Commission, sexual harassment is the fastest-growing area of employment discrimination. In fact, the annual number of sexual harassment complaints filed with the EEOC has more than doubled in the last six years. No one, or at least no one who has given this problem her serious attention, can deny that workplace sexual harassment is a grave problem and that it significantly impedes women's entrance into many sectors of the wage labor market.
Notwithstanding these impressive numbers, sexual harassment legal doctrine remains remarkably undertheorized – particularly by the Supreme Court. For these and other reasons, …