Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (20)
- Dispute Resolution and Arbitration (19)
- Legislation (14)
- Business Organizations Law (13)
- Law and Gender (13)
-
- Social and Behavioral Sciences (12)
- Disability Law (11)
- Constitutional Law (9)
- Contracts (9)
- Tax Law (9)
- Torts (8)
- Comparative and Foreign Law (7)
- Legal History (7)
- Retirement Security Law (7)
- Sociology (7)
- Consumer Protection Law (6)
- Human Rights Law (6)
- Insurance Law (6)
- Jurisprudence (6)
- Legal Remedies (6)
- Work, Economy and Organizations (6)
- Business (5)
- Courts (5)
- Labor Relations (5)
- Law and Society (5)
- Legal Education (5)
- Litigation (5)
- Social Welfare Law (5)
- Institution
-
- Schulich School of Law, Dalhousie University (16)
- UIC School of Law (12)
- Selected Works (10)
- Maurice A. Deane School of Law at Hofstra University (9)
- University of Michigan Law School (9)
-
- University of Massachusetts Boston (6)
- Chicago-Kent College of Law (4)
- Cornell University Law School (4)
- William & Mary Law School (4)
- New York Law School (3)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- University of Pennsylvania Carey Law School (3)
- University of Richmond (3)
- Georgetown University Law Center (2)
- Maurer School of Law: Indiana University (2)
- Notre Dame Law School (2)
- Seattle University School of Law (2)
- SelectedWorks (2)
- The University of Maine (2)
- University at Buffalo School of Law (2)
- University of Connecticut (2)
- University of Kentucky (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Miami Law School (2)
- University of Missouri School of Law (2)
- University of Washington School of Law (2)
- Vanderbilt University Law School (2)
- West Virginia University (2)
- American University Washington College of Law (1)
- Andrews University (1)
- Keyword
-
- Collective bargaining (5)
- Employment (5)
- Employment discrimination (5)
- Employment law (5)
- Sexual harassment (5)
-
- Women (5)
- Gender and law (4)
- Labor (4)
- National Labor Relations Act (4)
- Title VII (4)
- Workforce Investment Act (4)
- Arbitration clauses (Contracts) (3)
- Disability advocacy (3)
- Discharge (3)
- Discrimination (3)
- Discrimination in employment (3)
- Employees (3)
- Employment relationship (3)
- Full-Time (3)
- Halifax (3)
- Liability (3)
- People with disabilities (3)
- Workforce development (3)
- Americans with Disabilities Act (2)
- Articles (2)
- Award (2)
- Boundaryless career (2)
- Civil Rights Act (2)
- Civil Rights Act of 1964 (2)
- Congress (2)
- Publication
-
- Innis Christie Collection (15)
- UIC Law Review (11)
- Hofstra Labor & Employment Law Journal (9)
- Faculty Publications (5)
- All Faculty Scholarship (4)
-
- Cornell Law Faculty Publications (4)
- The Illinois Public Employee Relations Report (4)
- Case Studies Series, Institute for Community Inclusion (3)
- Faculty Scholarship (3)
- Michigan Journal of Gender & Law (3)
- Michigan Law Review (3)
- Other Publications (3)
- Reinhold Fahlbeck (3)
- Scholarly Works (3)
- Ann Numhauser-Henning (2)
- Articles (2)
- Bureau of Labor Education (2)
- Faculty Articles and Papers (2)
- Journal Articles (2)
- Law Faculty Publications (2)
- Michelle A. Travis (2)
- Seattle University Law Review (2)
- University of Miami Law Review (2)
- University of Michigan Journal of Law Reform (2)
- West Virginia Law Review (2)
- Adam Epstein (1)
- All Faculty Publications (1)
- Articles & Chapters (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Brigham Young University Journal of Public Law (1)
- Publication Type
- File Type
Articles 1 - 30 of 133
Full-Text Articles in Labor and Employment Law
Research To Practice: Collaboration Between Medicaid And Other State Agencies- Findings From The National Survey Of State Systems And Employment For People With Disabilities, Jennifer Sullivan Sulewski, Dana Scott Gilmore, Susan Foley
Research To Practice: Collaboration Between Medicaid And Other State Agencies- Findings From The National Survey Of State Systems And Employment For People With Disabilities, Jennifer Sullivan Sulewski, Dana Scott Gilmore, Susan Foley
Research to Practice Series, Institute for Community Inclusion
Many state Medicaid agencies are playing a greater role in multi-agency efforts to promote employment for people with disabilities. This brief uses data from the National Survey of State Systems and Employment for People with Disabilities to explore the varieties of collaboration Medicaid agencies are using and the agencies they are collaborating with.
Safe, But Not Sound: Limiting Safe Harbor Immunity For Health And Disability Insurers And Self-Insured Employers Under The Americans With Disabilities Act, Rachel Schneller Ziegler
Safe, But Not Sound: Limiting Safe Harbor Immunity For Health And Disability Insurers And Self-Insured Employers Under The Americans With Disabilities Act, Rachel Schneller Ziegler
Michigan Law Review
When Congress passed the Americans with Disabilities Act ("ADA") on July 26, 1990, supporters heralded the Act as a full-scale victory for the 43 million disabled Americans. The Act's protections went far beyond those of its predecessor, the Rehabilitation Act of 1974, which only prohibited discrimination against individuals with disabilities by entities receiving federal funding. The new act was intended to prevent discrimination by private and public employers, public services, and public accommodations. In a bill signing ceremony at the White House, in front of more than two thousand advocates for the disabled, then President George Bush likened the ADA …
Re Iwk Health Centre And Nsnu (Kelsey), Innis Christie
Re Iwk Health Centre And Nsnu (Kelsey), Innis Christie
Innis Christie Collection
The Grievor was accused of inappropriate and unprofessional conduct by a Patient who was mentally ill. After the Employer's review the Grievor was discharged. The Grievor claims he is innocent and was terminated for unjust reasons. The Union requested that he be reinstated in the position he held and be compensated for all lost wages and benefits.
Labor And Employment Law, Thomas M. Winn Iii
Labor And Employment Law, Thomas M. Winn Iii
University of Richmond Law Review
No abstract provided.
Institute Brief: Achieving Quality Services: A Checklist For Evaluating Your Agency, Doris Hamner, Jaimie Ciulla Timmons, David Hoff
Institute Brief: Achieving Quality Services: A Checklist For Evaluating Your Agency, Doris Hamner, Jaimie Ciulla Timmons, David Hoff
The Institute Brief Series, Institute for Community Inclusion
This checklist can help staff and directors at One-Stop Career Centers and state and private agencies evaluate the quality and responsiveness of their services to job seekers with disabilities. Areas covered include access to resources, agency culture, coordination, and consumer-directedness.
Re Halifax Regional School Board And Nsupe, Loc 2 (2-39-2001), Innis Christie
Re Halifax Regional School Board And Nsupe, Loc 2 (2-39-2001), Innis Christie
Innis Christie Collection
Union grievance filed October 11, 2001, alleging breach of Articles 6.01(b) and 10.03 of the Collective Agreement between the Employer and the Union in effect from January 1, 2001 to July 31, 2004, which the parties agreed is the relevant Collective Agreement for purposes of this matter, in that the Employer had violated Articles 6.01(b) and 10.03 and "has posted a number of jobs that do not specify the days of the week on which the work is to be carried out". At the hearing the Union sought a declaration of what it alleged was the proper interpretation of Article …
Re Caw-Canada, Local 2216 And Aca Co-Operative Ltd, Innis Christie
Re Caw-Canada, Local 2216 And Aca Co-Operative Ltd, Innis Christie
Innis Christie Collection
The Union claimed that the Grievor was unjustly suspended for four days, then unjustly discharged.
This is a consent award. The parties agree that the Grievor is to be reinstated, subject to certain conditions, and granted retroactive pay. The Arbitrator retains jurisdiction to deal with any grievances in respect of discipline against the Grievor for a period of one year from the date of the award.
Vol. 19, No. 4, Michael A. Loizzi Jr., Penny Upton, John L. Di John Jr.
Vol. 19, No. 4, Michael A. Loizzi Jr., Penny Upton, John L. Di John Jr.
The Illinois Public Employee Relations Report
Contents:
Bargaining Implications of the No Child Left Behind Act, by Michael A. Loizzi, Jr., Penny Upton and John L. Di John, Jr.
Recent Developments,
Further References, compiled by Margaret A. Chaplan
Case Studies On The Implementation Of The Workforce Investment Act: Spotlight On Maine, Jaimie Ciulla Timmons, Sheila Fesko, Allison Cohen Hall
Case Studies On The Implementation Of The Workforce Investment Act: Spotlight On Maine, Jaimie Ciulla Timmons, Sheila Fesko, Allison Cohen Hall
Case Studies Series, Institute for Community Inclusion
The implementation of the Workforce Investment Act (WIA) requires major organizational change for employment and training agencies. The initiative emphasizes coordination, collaboration and communication among organizations for better service delivery. At this time, states are developing systems that will enable them to address the needs of all customers seeking employment. The Institute for Community Inclusion (ICI) has conducted state case studies for two purposes: (1) to identify how states have begun the process of collaboration under the new mandates of WIA; and (2) to understand the impact on customers with disabilities. This is the third in a series of publications …
The Case Against Employment Tester Standing Under Title Vii And 42 U.S.C. § 1981, Michael Bowling
The Case Against Employment Tester Standing Under Title Vii And 42 U.S.C. § 1981, Michael Bowling
Michigan Law Review
In 1964, Congress passed comprehensive legislation aimed at eradicating discrimination in employment, public accommodations, public facilities, public schools, and federal benefit programs. Title VII of this Act directed its aim specifically at stamping out prejudice in employment. Four years later, the Supreme Court resurrected the provisions of § 1 of the Civil Rights Act of 1866, which, among other things, protects citizens, regardless of race or color, in their right to "make and enforce [employment] contracts." Together, Title VII and § 1981 serve as the primary legal bases for challenging racially discriminatory actioris by private employers. More than thirty years …
Re Canada Post Corp And Cupw, Innis Christie
Re Canada Post Corp And Cupw, Innis Christie
Innis Christie Collection
Union grievance filed March 7, 2002 on behalf of all affected employees alleging breach of the Collective Agreement between the parties bearing the expiry date January 31, 2003, in that the Employer violated Articles 2, 11, 13, 15, 17 and all other related provisions of the Collective Agreement by placing full-time supervisor, David Waller, into a full-time letter carrier position/assignment at the Dartmouth Delivery Centre. The Union seeks an order that the Employer remove David Waller from the full-time letter carrier position/assignment and grant full redress to all affected employees under either Article 39.01 or Article 17.04.
Erins On The Erie: A Historical Labor Study, Ryan Patrick Hanna
Erins On The Erie: A Historical Labor Study, Ryan Patrick Hanna
Buffalo Human Rights Law Review
No abstract provided.
Nevada's Employee Inventions Statute: Novel, Nonobvious, And Patently Wrong, Mary Lafrance
Nevada's Employee Inventions Statute: Novel, Nonobvious, And Patently Wrong, Mary Lafrance
Nevada Law Journal
No abstract provided.
Pay Equity: A Fundamental Human Right, Margot Young
Pay Equity: A Fundamental Human Right, Margot Young
All Faculty Publications
This paper undertakes the limited task of determining what interpretive consequences, if any, might flow from the removal of federal pay equity provisions from their current location in the Canadian Human Rights Act and placement of such provisions in their own stand-alone legislation. Part of the interpretive stance courts currently bring to their consideration of the federal pay equity provisions reflects the placement of these provisions within federal human rights legislation. Courts have held that human rights legislation has a special nature or quasi-constitutional status. This status results from the fundamental character of the values the legislation expresses and the …
Tools For Inclusion: Evaluating Your Agency And Its Services: A Checklist For Job Seekers With Disabilities, Jaimie Ciulla Timmons, Melanie Jordan, David Hoff
Tools For Inclusion: Evaluating Your Agency And Its Services: A Checklist For Job Seekers With Disabilities, Jaimie Ciulla Timmons, Melanie Jordan, David Hoff
Tools for Inclusion Series, Institute for Community Inclusion
It is important to evaluate employment services and decide if you are getting the results that you are looking for. You should have high expectations! If you are currently using an agency for help with employment, this checklist can help you make sure you are getting what you need.
Re Canada Post Corp And Cupw (Gillingham), Innis Christie
Re Canada Post Corp And Cupw (Gillingham), Innis Christie
Innis Christie Collection
The Union claims that the Employer has an obligation to notify employees at least an hour in advance of work shift overtime being extended longer than initially expected. The Employer submits that this has never been the practice, that it is contrary to the Agreement, and that it would be impractical.
The grievance fails. Application of the article in question as the Union seeks to have it interpreted is clearly not what the parties intended. Indeed, it would be unworkable where the original work shift extension overtime is only for one hour, as it quite often is.
Re Canada Post Corp And Cupw (Fitzhenry), Innis Christie
Re Canada Post Corp And Cupw (Fitzhenry), Innis Christie
Innis Christie Collection
The Union brings this arbitration on behalf of six employees who were denied special leave with pay in the context of a severe winter storm in the St. John's area. The Union seeks lost rights, earnings, and benefits. The Employer's position is that it acted reasonably in denying special leave, because it was unsafe for the employees to leave before the end of their shift, and by the end of the shift, the storm had abated, so that at that time they would have had no difficulty getting home safely.
Twenty Years Of Labour Law And The Charter, Dianne Pothier
Twenty Years Of Labour Law And The Charter, Dianne Pothier
Osgoode Hall Law Journal
This article critically reviews the Charter jurisprudence of the Supreme Court of Canada relating to labour law. The rejection of the right to strike and to bargain collectively as part of freedom of association reflect substantial judicial deference to legislative policy choices. Recently, however, a constitutional right of unfair labour protection for particularly vulnerable workers shows some judicial willingness to intervene. While freedom of expression provides significant scope to union supporters, picketing and leafleting are still subject to wide restraint, the exact parameters of which remain unclear. The Charter has had only a modest effect on labour law. Even successful …
Fair Weather Or Foul? Maine's Business Climate Revisted, Bureau Of Labor Education. University Of Maine
Fair Weather Or Foul? Maine's Business Climate Revisted, Bureau Of Labor Education. University Of Maine
Bureau of Labor Education
There is no shortage of analyses of the problems of Maine’s economy, or of proposed solutions. Once again, a number of recent reports have argued that Maine has a highly unfavorable business climate, characterized by excessive taxes and excessive regulation. These reports go on to argue that Maine must improve its business climate through such suggested changes as an overhaul of the tax system, elimination of property taxes on business equipment purchases, reducing the state’s regulatory burden, and reducing Maine’s supposedly high “tax burden.” Although the support for these proposals is framed as being “irrefutable,” in reality many of the …
Consumer And Employment Arbitration Law In Comparative Perspective: The Importance Of The Civil Jury, Stephen J. Ware
Consumer And Employment Arbitration Law In Comparative Perspective: The Importance Of The Civil Jury, Stephen J. Ware
University of Miami Law Review
No abstract provided.
Weingarten In The Nonunion Workplace: Looking In The Funhouse Mirror, Ann C. Hodges
Weingarten In The Nonunion Workplace: Looking In The Funhouse Mirror, Ann C. Hodges
Law Faculty Publications
The National Labor Relations Board's extension of the Weingarten decision, granting the right to union representation at pre-disciplinary interviews, to the nonunion workplace was recently upheld by the U.S. Court of Appeals for the D.C. Circuit.- Section 7's, protection of concerted activity and the symmetrical protection of union and nonunion employees alike renders the decision sensible and supportable. Nevertheless, closer examination ofthe decision's consequences suggests that the application ofthe Weingarten right in the nonunion workplace results in a distorted reflection ofthe right's application in the unionized workplace. The situations are not mirror images. Thus, some adjustments to the interpretation ofthe …
Human Capital And Employee Mobility: A Rejoinder, Katherine V.W. Stone
Human Capital And Employee Mobility: A Rejoinder, Katherine V.W. Stone
Cornell Law Faculty Publications
No abstract provided.
In Light Of Circuit City Stores, Inc. V. Adams, What Is The Fate Of Employment Law? Does An Analysis Of Consumer Law Shed Light On The Future Of Employer/Employee Relations?, Jaime Ellen Sopher
In Light Of Circuit City Stores, Inc. V. Adams, What Is The Fate Of Employment Law? Does An Analysis Of Consumer Law Shed Light On The Future Of Employer/Employee Relations?, Jaime Ellen Sopher
University of Miami Law Review
No abstract provided.
Failure To Accommodate, Discriminatory Intent, And The Mcdonnell Douglas Framework: Distinguishing The Analyses Of Claims Arising From Subparts (A) And (B) Of § 12112(B)(5) Of The Ada, Aaron Matthew Laing
Failure To Accommodate, Discriminatory Intent, And The Mcdonnell Douglas Framework: Distinguishing The Analyses Of Claims Arising From Subparts (A) And (B) Of § 12112(B)(5) Of The Ada, Aaron Matthew Laing
Washington Law Review
The Americans with Disabilities Act (ADA) creates and protects employment opportunities for disabled persons by prohibiting adverse employment actions in the form of disparate treatment and disparate impact. Additionally, subparts (A) and (B) of § 12112(b)(5) of the ADA place distinct duties on employers to accommodate disabled persons, protecting, respectively, existing and future employment opportunities. Because the ADA protects both existing and future opportunities, the duty to accommodate may be breached in two distinct manners. When a plaintiff alleges failure to accommodate, a court must determine which section of the ADA applies and select an appropriate analytical framework for the …
Vol. 19, No. 3, Harvey A. Nathan
Vol. 19, No. 3, Harvey A. Nathan
The Illinois Public Employee Relations Report
Contents:
An Arbitrator's Duty to Provide a Fair and Adequate Hearing: An Historical Perspective, by Harvey A. Nathan
Recent Developments,
Further References, compiled by Margaret A. Chaplan
After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover
After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover
Faculty Publications
In this Article, Professor Grover argues that courts too readily allow employers to avoid vicarious liability far supervisors' unlawful sexual harassment of subordinates. The Article explores the breadth of the affirmative defense first introduced in the Supreme Court's 1998 cases of Faragher v. Boca Raton and Burlington Indus., Inc. v. Ellerth. That defense clears an employer of liability for a supervisor's unlawful sexual harassment if (a) the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer …
Case Studies On The Implementation Of The Workforce Investment Act: Spotlight On Kentucky, Allison Cohen Hall, Jaimie Ciulla Timmons, Sheila Fesko
Case Studies On The Implementation Of The Workforce Investment Act: Spotlight On Kentucky, Allison Cohen Hall, Jaimie Ciulla Timmons, Sheila Fesko
Case Studies Series, Institute for Community Inclusion
The implementation of the Workforce Investment Act (WIA) requires major organizational change for employment and training agencies. The initiative emphasizes coordination, collaboration and communication among organizations for better service delivery. At this time, states are developing systems that will enable them to address the needs of all customers seeking employment. The Institute for Community Inclusaion (ICI) has conducted state case studies for two purposes: (1) to identify how states have begun the process of collaboration under the new mandates of WIA; and (2) to understand the impact on customers with disabilities. This is the first in a series of publications …
Case Studies On The Implementation Of The Workforce Investment Act: Spotlight On Minnesota, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall
Case Studies On The Implementation Of The Workforce Investment Act: Spotlight On Minnesota, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall
Case Studies Series, Institute for Community Inclusion
The implementation of the Workforce Investment Act (WIA) requires major organizational change for employment and training agencies. The initiative emphasizes coordination, collaboration and communication among organizations for better service delivery. At this time, states are developing systems that will enable them to address the needs of all customers seeking employment. The Institute for Community Inclusion (ICI) has conducted state case studies for two purposes: (1) to identify how states have begun the process of collaboration under the new mandates of WIA; and (2) to understand the impact on customers with disabilities. This is the second in a series of publications …
Labor Law, Robin Jean Davis, Louis J. Palmer Jr.
Labor Law, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover
After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover
University of Michigan Journal of Law Reform
In this Article, Professor Grover argues that courts too readily allow employers to avoid vicarious liability for supervisors' unlawful sexual harassment of subordinates. The Article explores the breadth of the affirmative defense first introduced in the Supreme Court's 1998 cases of Faragher v. Boca Raton and Burlington Indus., Inc. v. Ellerth. That defense clears an employer of liability for a supervisor's unlawful sexual harassment if (a) the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the …