Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Publication
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Labor and Employment Law
Recreating Diversity In Employment Law By Debunking The Myth Of The Mcdonnell Douglas Monolith, Sandra F. Sperino
Recreating Diversity In Employment Law By Debunking The Myth Of The Mcdonnell Douglas Monolith, Sandra F. Sperino
Faculty Articles and Other Publications
The McDonnell-Douglas framework is one of the primary methods used by courts to evaluate discrimination claims based on circumstantial evidence. Although McDonnell-Douglas often is referred to as a singular test, it is actually a collection of different tests gathered rather deceptively under one name. Over the years, federal courts considering state law claims have increasingly applied the McDonnell-Douglas framework to these state claims, without considering whether the same result would occur under state law. The federal courts' rather monolithic view of McDonnell-Douglas is choking debate on important issues of employment law and denying states the ability to weigh in on …
Privileged But Equal? A Comparison Of U.S. And Israeli Notions Of Sex Equality In Employment Law, Leora F. Eisenstadt
Privileged But Equal? A Comparison Of U.S. And Israeli Notions Of Sex Equality In Employment Law, Leora F. Eisenstadt
Vanderbilt Journal of Transnational Law
Ever-expanding media coverage, scholarship, and popular publications discussing the difficulty of combining work and family suggest that this issue is now the essential locus for gender debate in the United States. The essence of the debate is the meaning of equality: whether it carries the same meaning for women and men, whether biological and sociological differences should impact the understanding of equality, and whether law and social policy should reflect or encourage these differences. Privileged but Equal details the theory of sex equality that is embodied in Israeli employment law and contrasts it with the U.S. approach. The Article suggests …
Rescue The Americans With Disabilities Act From Restrictive Interpretations: Alcoholism As An Illustration, Judith J. Johnson
Rescue The Americans With Disabilities Act From Restrictive Interpretations: Alcoholism As An Illustration, Judith J. Johnson
Journal Articles
The Supreme Court has narrowed the doorway into the protected class for the Americans with Disabilities Act of 1990 (ADA) in virtually every employment case. Taking their cue from the Supreme Court, the lower courts have been concerned principally with who is "disabled" and thus protected by the ADA. The answer today is not many people. The courts generally have been so hostile to ADA plaintiffs that it is difficult now to find a case in which the plaintiff was able to prove that he was disabled. Congress contemplated that some impairments would always be disabling. The Supreme Court, however, …
Law Firms As Defendants: Family Responsibilities Discrimination In Legal Workplaces, Joan C. Williams, Stephanie Bornstein, Diana Reddy, Betsy A. Williams
Law Firms As Defendants: Family Responsibilities Discrimination In Legal Workplaces, Joan C. Williams, Stephanie Bornstein, Diana Reddy, Betsy A. Williams
UF Law Faculty Publications
This article analyzes how the growing trend of litigation alleging employment discrimination based on workers' family caregiving responsibilities applies to law firms and other legal employers. Our research has found at least thirty-three cases since 1990 in which employees of law firms or other legal employers--both attorneys and support staff--have sued their employers for family responsibilities discrimination (“FRD”). FRD is discrimination against employees based on their family caregiving responsibilities for newborns, young children, elderly parents, or ill spouses or partners. Here we analyze these cases, including the employee experiences that have prompted litigation and the legal theories on which the …