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Articles 1 - 4 of 4
Full-Text Articles in Labor and Employment Law
Infrastructure Investment And Jobs Act, Onu Institute For Civics And Public Policy, Caleb Clayton
Infrastructure Investment And Jobs Act, Onu Institute For Civics And Public Policy, Caleb Clayton
Critical Questions
On November 15, 2021, President Joe Biden signed the Infrastructure Investment and Jobs Act into law, ending a protracted bipartisan battle, ultimately resulting in a compromise between parties. The $1.2 trillion bill serves as the first major project of President Joe Biden’s “Build Back Better” plan. Although it has not received much attention from most citizens, it will have far-reaching effects for many years to come.
When Should Employers Be Liable For Factoring Biased Customer Feedback Into Employment Decisions?, Dallan F. Flake
When Should Employers Be Liable For Factoring Biased Customer Feedback Into Employment Decisions?, Dallan F. Flake
Law Faculty Scholarship
In today’s customer-centric business environment, firms seek feedback from consumers seemingly at every turn. Firms factor customer feedback into a host of decisions, including employment-related decisions such as who to hire, promote, and fire; how much to pay employees; and what tasks to assign them. Increasingly, researchers are discovering that customer feedback is often biased against certain populations, such as women and racial minorities. Sometimes customers explicitly declare their biases, but more often their prejudices are harder to detect — either because they intentionally hide their biases in their ratings or because the customers do not realize their own biases, …
Employer Liability For Non-Employee Discrimination, Dallan F. Flake
Employer Liability For Non-Employee Discrimination, Dallan F. Flake
Law Faculty Scholarship
No abstract provided.
Religious Discrimination Based On Employer Misperception, Dallan F. Flake
Religious Discrimination Based On Employer Misperception, Dallan F. Flake
Law Faculty Scholarship
This Article addresses the circuit split over whether Title VII prohibits discrimination based on an employer's misperception of an employee's religion. This is an especially critical issue because misperception-based religious discrimination is likely to increase as the United States continues to experience unprecedented religious diversification. Some courts read Title VII narrowly to preclude such claims, reasoning that the statutory text only prohibits discrimination based on an individual's actual religion. Other courts interpret the statute more expansively in concluding such claims are cognizable because the employer's intent is equally malicious in misperception and conventional discrimination cases. I argue that the statutory …