Labor and Employment Law Commons^™

Cupe, Local 3010 V Children's Aid Society Of Cape Breton, Innis Christie

Innis Christie Collection

The Grievor was suspended and then terminated for culminating incidents of performance failures. The Union requests the Grievor be reinstated with full seniority and compensated for all lost pay and benefits.

The grievance succeeds in part. Discipline was appropriate to the situation, but termination was considered excessive in view of the Grievor's seniority and previous work record. The Grievor is reinstated, but without back pay due to the serious nature of the misconduct.

Nova Scotia Barristers' Society V Murrant, Innis Christie, B Wd Badley, Deborah E. Gillis, Kevin Patriquin, Charles T. Schafer

Innis Christie Collection

The Hearing Panel of the Hearing Subcommittee, empanelled by the Chair of the Hearing Subcommittee in accordance with Regulation 40 of the Nova Scotia Barristers' Society Regulations (hereafter, "the Regulations") made under the authority in s. 59 of the Barristers and Solicitors Act, R.S.N.S 1989, as am. (hereafter, "the Act") to hear and decide this matter, consisted of:

Dr. B.W.D. Badley

Innis Christie, Q.C., Chair

Deborah E. Gillis, Q.C.

Kevin J. Patriquin

Dr. Charles T. Schafer

The Panel met to hear evidence and submissions by counsel on October 2 and 3, 2003. The Society was represented by …

A Woman's World, Michael Fischl

Faculty Articles and Papers

No abstract provided.

Book Review Of The Home Office And The Dangerous Trades: Regulating Occupational Disease In Victorian And Edwardian Britain, Michael Ashley Stein

Faculty Publications

No abstract provided.

Reconsidering Attraction In Sexual Harassment, Martin J. Katz

Sturm College of Law: Faculty Scholarship

This Article will proceed in four parts. Part I explains the significance of the attraction-based view to the law of sexual harassment. This Part demonstrates not only how the attraction-based view provides a theoretical basis for treating workplace sexual conduct as a form of sex discrimination, but also how this view works in practice to provide relief for victims of workplace sexual conduct in a streamlined and effective manner. This Part articulates in a comprehensive manner how an attraction-based paradigm can be used to construct a theory by which plaintiffs can show that workplace sexual conduct has occurred "because of' …

Addressing Staff Sexual Misconduct With Offenders Curriculum (Instructor’S Guide: Staff Sexual Misconduct With Offenders)_2004, Brenda V. Smith, Morris L. Thigpen, Allen Ault, Anadora Moss, Dee Halley, Jaime M. Yarussi, Marcia Morgan, Susan Mccampbell

Reports

Addressing Staff Sexual Misconduct with Offenders is a 36-hour training program that focuses on the complex issues surrounding staff sexual misconduct with offenders in all correctional settings. This training is designed for correctional policy makers, agency managers and administrators, and community leaders who influence correctional policy.

In this guide you will find a suggested program agenda for this training which will provide the instructor with a snap-shot of the training program as a whole. You will also find an overview of each training module, resources you will need, and activities which you may find helpful in the execution of the …

Love, Sex And Politics? Sure. Salary? No Way: Workplace Social Norms And The Law, Rafael Gely, Leonard Bierman

Faculty Publications

A recent article in the New York Times captioned “Love, sex and politics? Sure. Salary? No way” discusses Americans' strong aversion to talking about their salaries. The piece notes that while discussion of financial matters is often acceptable in some parts of the world, it is generally considered “crass” in the United States. In short, discussion by individuals of their salaries and related matters can be seen as violating an American “social norm.” One-third of United States private sector employers have reinforced this norm by adopting specific rules prohibiting employees from discussing their wages with co-workers, rules known as pay …

Avoiding Regulatory Mismatch In The Workplace: An Informational Approach To Workplace Safety Regulation, Thom Lambert

Faculty Publications

The purpose of this article is to do just that. As it turns out, there is fertile middle ground between the pure libertarian “do nothing” approach and the paternalistic command-and-control approach OSHA tends to favor. Even the middle ground “information-provision” approach a number of theorists have advocated (in imprecise terms) could be implemented several different ways, some of which would be more effective than others. It is therefore possible to make some systematic policy prescriptions that may aid regulators attempting to avoid regulatory mismatch.In the course of exploring the range of regulatory options, this article attempts to make several contributions …

Games Ceos Play And Interest Convergence Theory: Why Diversity Lags In America’S Boardrooms And What To Do About It, Steven A. Ramirez

Faculty Publications & Other Works

No abstract provided.

Is The Work-Family Conflict Pathological Or Normal Under The Fmla? The Potential Of The Fmla To Cover Ordinary Work-Family Conflicts, Katharine B. Silbaugh

Faculty Scholarship

The Family and Medical Leave Act (FMLA) provides relief to workers, helping them in their struggle to meet the sometimes competing demands of work and family. There have been numerous attempts to expand legislation to cover more occasions where work and family obligations are in tension. This Essay will address one way that the courts may be expanding the Act’s application. It will investigate whether this modest interpretive expansion can be explained partially by society’s deeper understanding of the challenges of work-family balance over the ten years since the FMLA’s passage. Have we changed our general understanding of conflicts between …

Questions About The Efficiency Of Employment Arbitration Agreements, Matthew T. Bodie

All Faculty Scholarship

The growing popularity of arbitration agreements is well-documented. The academic literature on these agreements has been largely critical, arguing that they jeopardize important rights and enable employers to take unfair advantage of employees and consumers. However, standard economic analysis suggests that since these agreements are freely negotiated, they presumably increase the utility of both parties and are therefore efficient. This Article raises questions about the efficiency of such agreements in the employment context. It begins by modeling the decision-making process by which a rational employee would judge the desirability of an agreement, both after and before a dispute has arisen. …

Summary Of State Ex Rel. Dep’T Of Transp. V. Pub. Employees’ Retirement Sys., 120 Nev. Adv. Rep. 4, Justen Ericksen

Nevada Supreme Court Summaries

Appeal from a district court order granting a petition for writ of mandamus in favor Public Employees’ Retirement System of Nevada (PERS) directing state agency to pay PERS for back employee and employer contributions to the retirement system plus interest on behalf of five archeologists whom the agency treated as independent contractors rather than employees.

Same Struggle, Different Difference: Ada Accommodations As Antidiscrimination, Michael Ashley Stein

Faculty Publications

The Americans with Disabilities Act (ADA) was heralded as an "emancipation proclamation" for people with disabilities, one that would achieve their equality primarily through its reasonable accommodation requirements. Nevertheless, both legal commentators and Supreme Court Justices assert that the ADA's employment mandates distinguish the ADA from earlier antidiscrimination measures, most notably Title VII, because providing accommodations results in something more than equality for the disabled. The Article challenges this prevalent belief by arguing that ADA-mandated accommodations are consistent with other antidiscrimination measures in that each remedies exclusion from employment opportunity by questioning the inherency of established workplace norms, and by …

Arbitration And Litigation Of Employment Claims: An Empirical Comparison, Theodore Eisenberg, Elizabeth Hill

Cornell Law Faculty Publications

The authors conducted empirical research comparing court case and arbitrated outcomes for employment disputes. In cases not involving civil rights claims, they found little evidence that arbitrated outcomes materially differed from trial outcomes where the claimant was a higher-paid employee. Moreover, they found no statistically significant differences between employee win rates or in the median or mean awards in arbitration and litigation. They also reported evidence indicating that arbitrated disputes conclude more quickly than litigated disputes.

Will Employment Discrimination Class Actions Survive?, Melissa Hart

Publications

Recent years have witnessed increasing attacks on the appropriateness of certification of employment discrimination class action claims. The shift is often attributed to amendments to federal antidiscrimination laws in the Civil Rights Act of 1991. This paper argues, however, that the changes wrought by the 1991 amendments need not pose a barrier to resolution of employment discrimination claims through class litigation. The addition of compensatory and punitive damages and a jury-trial right may increase the level of scrutiny and perhaps the level of judicial involvement necessary in an employment discrimination class action. But they do not render such a class …

The Effect Of The University Of Michigan Cases On Affirmative Action In Employment: Proceedings Of The 2004 Annual Meeting, Association Of American Law Schools, Section On Employment Discrimination Law, Labor Relations And Employment Law, And Minority Groups, Monique C. Lillard

Articles

No abstract provided.

Illegal Defense: The Irrational Economics Of Banning High School Players From The Nba Draft, Michael Mccann

Law Faculty Scholarship

Each year, the National Basketball Association (NBA) conducts its annual entry draft (NBA Draft), which is the exclusive process by which premiere amateur players gain entrance into the NBA. To the dismay of many commentators, a number of drafted players will have just completed their senior year of high school. Routinely, these players are dismissed as immature, unprepared, and ill-advised, even though most will sign guaranteed, multi-million dollar contracts before their college educations would have begun. In stark contrast to popular myth, this Article finds that players drafted straight out of high school are not only likely to do well …

Summary Of Desert Valley Construction And Employers Insurance Company Of Nevada V. Keith Hurley, 120 Nev. Adv. Op. No. 55, Kirk Reynolds

Nevada Supreme Court Summaries

Employers Desert Valley Construction and Employers Insurance Company of Nevada (EICN) appealed from an order denying their petition for judicial review of a workers’ compensation award in favor of respondent Keith Hurley.

Protecting The Labor And Employment Rights Of Immigrant Workers, Anita Sinha, Rebecca Smith, Cynthia Mark

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Whistling In The Dark? Corporate Fraud, Whistleblowers, And The Implications Of The Sarbanes-Oxley Act For Employment Law, Miriam A. Cherry

Faculty Publications

Passed in 2002 in the wake of the accounting scandals that resulted in billions of dollars of lost value to shareholders, the Sarbanes-Oxley Act has as its major goal the prevention of corporate corruption. This Article analyzes the impact of section 806, the portion of the Sarbanes-Oxlcy Act that provides protections for employees who report securities fraud, and describes the effect that Sarbanes-Oxley has on existing employment law. In addition, this Article contributes to the debate over the general effectiveness of the .Sarbanes-Oxley Act, a topic of contention among both academics and press commentators. This Article argues that the Act …

Affirmative Action In The Workplace: The Signficance Of Grutter?, Rebecca H. White

Scholarly Works

The Supreme Court's decision last term in Grutter v. Bollinger answered important questions about the affirmative use of race in the educational context. I have been asked by the editors of the Kentucky Law Journal to explore the impact the decision is like to have on affirmative action in a different context--employment. Simply put, to what extent does Grutter affect a public or private employer's ability to voluntarily adopt an affirmative action plan in order to diversify its workplace? The short answer, of course, is that the Grutter decision does not directly apply to the affirmative use of race or …

Disparate Impact Theory In Employment Discrimination: What’S Griggs Still Good For? What Not?, Elaine W. Shoben

Scholarly Works

Is disparate impact a dead theory of employment discrimination? Definitely not. The theory itself has a more stable legal status than it did when the Supreme Court embraced it in its 1971 opinion Griggs v. Duke Power Co. But is it thriving in litigation? It appears to be neither thriving nor dead. It has become a relatively less vital tool, compared with theories of intentional discrimination. Despite the heroic effort of Congress to keep the theory from destruction by the Supreme Court through its express codification in 1991, disparate impact litigation is not making a major impact in this …

Exceeding Our Boundaries: Transnational Employment Law Practice And The Export Of American Lawyering Styles To The Global Worksite, Susan Bisom-Rapp

Faculty Scholarship

Until very recently, one almost never heard mention of international issues among labor and employment law practitioners in the United States. Conventional wisdom considers this practice area quintessentially local. Identifying a trend that unseats this taken-for-granted notion, the article details the birth of a new employment law sub-specialty: international labor and employment law. Some U.S. management attorneys, working with transnational legal teams comprised of lawyers from foreign firms, are beginning to coordinate multinational clients' employment law projects across multiple national jurisdictions. While the world's legal regimes that regulate labor markets are remarkably culturally specific, the formation of transnational networks of …

A New Image In The Looking Glass: Faculty Mentoring, Invitational Rhetoric, And The Second-Class Status Of Women In U.S. Academia, Carlo A. Pedrioli

Faculty Scholarship

This article maintains that because Title VII alone does not have the ability to further the progress women have made in academic hiring, retention, and promotion, looking to remedies in addition to Title VII will be advantageous in helping to improve the status of women in U.S. academia. The article suggests as an additional remedy the implementation of faculty mentoring opportunities for junior female faculty members. A key way of initiating and furthering such mentoring opportunities is a type of discourse called invitational rhetoric, which is “an invitation to understanding as a means to create...relationship[s] rooted in equality, immanent value, …

Organizing In The Garment Industry In Mexico: Implications For New Social Movement Theory, Victoria Carty

Sociology Faculty Articles and Research

This paper examines attempts to improve workers' rights in the Maquila Industry in Mexico by using two case studies. It analyzes the struggles that recently occurred at the Kukdong and Duro plants. The underlying question of the research is how to balance the co-existence of market economies with effective means to ensure adequate conditions for workers, and most importantly, ensuring their right to freedom of association. Under recent forms of global economic restructuring, the state is often unwilling or unable to uphold workers' rights. To combat the present form of corporate-driven global capitalism, workers in the South, in solidarity with …

Employment Protection For Domestic Violence Victims, Deborah A. Widiss, Wendy R. Weiser

Articles by Maurer Faculty

No abstract provided.

Transnational Labor Mobilizing In Two Mexican Maquiladoras: The Struggle For Democratic Globalization, Victoria Carty

Sociology Faculty Articles and Research

The struggle to improve workers' rights in Mexican maquiladoras and export processing zones elsewhere in the world is central to the politics of global economic integration. State-centered development is increasingly compromised by supranational institutions and trade agreements. Meanwhile, multinational corporations are relocating at an unprecedented rate to overseas locations. Export processing zones are notorious for poor working conditions and result in a "race to the bottom." The maquila sector in Mexico is a prime example of this phenomenon. This article uses two case studies to examine ways in which grassroots organizing has successfully resisted low wages and poor working conditions …

Rehabilitate The Age Discrimination In Employment Act: Resuscitate The “Reasonable Factors Other Than Age” Defense And The Disparate Impact Theory, Judith J. Johnson

Journal Articles

The Age Discrimination in Employment Act (ADEA) promised to protect older workers from discriminatory exclusion from the workforce, but recent studies show that older workers are being cut from the workforce and are unable to find employment. In a 1995 article, I warned of the potential dangers of construing the ADEA to allow employment decisions based on age-correlated criteria. Most courts have failed to heed these warnings and now approve employer practices, such as terminating employees based on higher salaries and refusing to hire workers with too much experience. These practices may explain the difficulty older workers are having retaining …

Mutiny, Shipboard Strikes, And The Supreme Court's Subversion Of New Deal Labor Law, Ahmed A. White

Publications

No abstract provided.

The Americans With Disabilities Act Of 1990 - Progeny Of The Civil Rights Act Of 1964, Robert Dinerstein

Articles in Law Reviews & Other Academic Journals

No abstract provided.