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Articles 1 - 5 of 5
Full-Text Articles in Labor and Employment Law
Shifting The Burden: Genuine Disputes And Employment Discrimination Standards Of Proof, Barrett S. Moore
Shifting The Burden: Genuine Disputes And Employment Discrimination Standards Of Proof, Barrett S. Moore
University of Arkansas at Little Rock Law Review
Enacted for the purpose of battling workplace discrimination by targeting discrimination against minorities and the disadvantaged, Title VII has become somewhat of an apparition for good-intentioned employers seeking to follow the law. For example, in Ricci v. DeStefano, the city of New Haven, Connecticut refused to hire white firefighters based on a qualification test because to do so would produce the outcome of hiring too few minority firefighters. Despite New Haven's good intentions, the hiring process illegally brought race into the hiring process, thereby showing that America's relationship with civil rights legislation has come full circle.
At the center of …
Subordinate Bias Liability, Theresa M. Beiner
Subordinate Bias Liability, Theresa M. Beiner
University of Arkansas at Little Rock Law Review
Often, decisions regarding employment are made with the input of or based on the observations of more than one person. This presents complications for employment discrimination plaintiffs seeking to prove discriminatory animus resulting in an adverse employment decision for the plaintiff. Specifically, many plaintiffs are left to deal with the unresolved issue of whether they have a claim for employment discrimination when a discriminating non-decision making coworker or direct supervisor supplies incorrect or distorted information to their superiors who have the authority to fire them. This is known as the "cat's paw" theory of liability or "subordinate bias liability."
The …
Employment Law—The Elusive Enforceability Of Employment Covenants Not To Compete In Arkansas, Victoria J. Malony
Employment Law—The Elusive Enforceability Of Employment Covenants Not To Compete In Arkansas, Victoria J. Malony
University of Arkansas at Little Rock Law Review
Generally speaking, a covenant not to compete , or noncompete agreement, is a promise in an employment contract not to engage in the same type of business for a stated time in the same market as the employer. When these agreements are found by courts to be unenforceable, it leaves employers vulnerable to competitors. On the other hand, when they are enforced, employees may be unable to find work in the industry in which they are most experienced.
Because of the conflicts inherent in covenants not to compete, many courts have struggled to create a rule that can be fairly …
Mexico's Dilemma: Workers' Rights Or Workers' Comparative Advantage In The Age Of Globalization?, Ranko Shiraki Oliver
Mexico's Dilemma: Workers' Rights Or Workers' Comparative Advantage In The Age Of Globalization?, Ranko Shiraki Oliver
Faculty Scholarship
No abstract provided.
Subordinate Bias Liability, Theresa M. Beiner
Subordinate Bias Liability, Theresa M. Beiner
Faculty Scholarship
No abstract provided.