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Full-Text Articles in Labor and Employment Law
Does Title Vii Prohibit Discrimination In Employment-Transfer Decisions Only If They Cause Materially Significant Disadvantages For Employees?, Anne Marie Lofaso
Does Title Vii Prohibit Discrimination In Employment-Transfer Decisions Only If They Cause Materially Significant Disadvantages For Employees?, Anne Marie Lofaso
Law Faculty Scholarship
Case at a Glance: Petitioner Jatonya Clayborn Muldrow, a sergeant for the St. Louis Police Department, was transferred to another unit within the department. Muldrow sued the City of St. Louis for making a discriminatory transfer decision in alleged violation of Title VII. This case presents the question of whether Title VII prohibits discriminatory transfer decisions absent a separate court determination that the decision caused Muldrow materially significant disadvantages.
Uncertainty In Employee Status Across Federal Law, Ryan G. Vacca
Uncertainty In Employee Status Across Federal Law, Ryan G. Vacca
Law Faculty Scholarship
Numerous federal statutes rely on a distinction between employees and independent contractors. Based on a series of Supreme Court decisions from 1968 through 2003, courts and administrative agencies have used a common law multifactor test to draw this distinction. In an effort to enhance predictability and certainty within and across legislation, these cases have rejected a purposive approach in applying the test. But the Supreme Court has never said which, if any, of the factors are the most important in the analysis, nor has anyone determined whether the underlying purpose—enhancing predictability and certainty—has been attained.
This empirical Study uses content …
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 …