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Full-Text Articles in Labor and Employment Law
No Prior Experience Desired: Villarreal V. R.J. Reynolds Tobacco Co. And The Scope Of Disparate Impact Claims Under The Adea, Nicholas Placente
No Prior Experience Desired: Villarreal V. R.J. Reynolds Tobacco Co. And The Scope Of Disparate Impact Claims Under The Adea, Nicholas Placente
St. John's Law Review
(Excerpt)
This Note argues that § 4(a)(2) of the ADEA permits disparate impact claims for job applicants, despite the revised holding of the Eleventh Circuit. First, the plain meaning of § 4(a)(2) strongly suggests that disparate impact protections lie for job seekers, in contrast to the Eleventh Circuit’s ultimate finding. This argument draws on a close textual and structural analysis of the ADEA, supplemented with a comparative analysis to Title VII. Furthermore, this Note unpacks the legal arguments surrounding the 1972 amendment to Title VII, demonstrating that the absence of the “applicants for employment” language from § 4(a)(2) does not …
Twelve Injured Men: Why Injured Jurors Should Not Receive Workers' Compensation Coverage From The Courts, Corey Baron
Twelve Injured Men: Why Injured Jurors Should Not Receive Workers' Compensation Coverage From The Courts, Corey Baron
St. John's Law Review
(Excerpt)
This Note argues that the legislature should add a provision to New York’s Workers’ Compensation Act that expressly precludes jurors from coverage. Such a provision would comport with the policy underlying the statute, the statute’s structure, and the statute’s language. Moreover, that legislative provision would prevent the court from wasting the considerable time and expense of grappling with other courts’ inconsistent interpretations of workers’ compensation statutes and their underlying policies. First, Part I of this Note provides an overview of the workers’ compensation law and explores the policies underlying the advent of workers’ compensation statutes. Then, Part II surveys …