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Civil Rights-Newspaper Advertisements For Employment Opportunities Located In South Africa, Which Do Not On Their Face Recite Discriminatory Conditions, Do Not Violate Municipal Anti-Discrimination Laws, Nancy L. Rumble 2016 University of Georgia School of Law

Civil Rights-Newspaper Advertisements For Employment Opportunities Located In South Africa, Which Do Not On Their Face Recite Discriminatory Conditions, Do Not Violate Municipal Anti-Discrimination Laws, Nancy L. Rumble

Georgia Journal of International & Comparative Law

No abstract provided.


United Nations-United States Withdraws From The International Labor Organization, Michael K. Mixson 2016 University of Georgia School of Law

United Nations-United States Withdraws From The International Labor Organization, Michael K. Mixson

Georgia Journal of International & Comparative Law

No abstract provided.


Occupy Our Occupations: Why “We Are The 99%” Resonates With Working People And What We Can Do To Fix The American Workplace, Sarah Leberstein, Anastasia Christman 2016 National Employment Law Project

Occupy Our Occupations: Why “We Are The 99%” Resonates With Working People And What We Can Do To Fix The American Workplace, Sarah Leberstein, Anastasia Christman

Fordham Urban Law Journal

No abstract provided.


Online Dispute Resolution And Autism Spectrum Disorder: Levelling The Playing Field In Disputes Involving Autistic Parties, Roland Gérard Keepseeyuk Troke-Barriault 2016 University of Ottawa

Online Dispute Resolution And Autism Spectrum Disorder: Levelling The Playing Field In Disputes Involving Autistic Parties, Roland Gérard Keepseeyuk Troke-Barriault

Western Journal of Legal Studies

Often, the overall success of an Alternative Dispute Resolution (ADR) process hinges on the ability of a neutral third party to establish a level playing field supported by a sense of equal bargaining power between disputants. Most forms of ADR, including traditional approaches to mediation and arbitration, are characterized by in-person interactions, where disputants and third parties communicate through a combination of verbal and nonverbal cues. Though many believe that this form of interaction is crucial for effective communication, it may result in significant disadvantages for autistic parties who face difficulties properly discerning the intentions or meaning of these cues ...


Journey Out Of Neverland: Cori Reform, Commonwealth V. Peter Pon, And Massachusetts’S Emergence As A National Exemplar For Criminal Record Sealing, Chris Skall 2016 Boston College Law School

Journey Out Of Neverland: Cori Reform, Commonwealth V. Peter Pon, And Massachusetts’S Emergence As A National Exemplar For Criminal Record Sealing, Chris Skall

Boston College Law Review

Even after a criminal case is disposed of and a period of incarceration or probation is completed, individuals who have become involved in the criminal justice system often face a myriad of collateral consequences based on their criminal records. In order to promote reintegration and combat recidivism, many states have taken legislative actions to ease the burden associated with having a criminal record. In recent years, these efforts have led several states to reform or enact statutes for criminal record sealing or expungement, a controversial, yet highly efficacious tool to provide greater employment and housing opportunities for ex-offenders. In 2010 ...


Collective Bargaining Law In The Firing Line At The Supreme Court.Pdf, William A. Herbert 2016

Collective Bargaining Law In The Firing Line At The Supreme Court.Pdf, William A. Herbert

William A. Herbert

This article discusses the legal and policy issues raised in the pending United States Supreme Court case in Friedrichs v. California Teachers Association, and the potential consequences to collective bargaining law from the Court's ultimate decision


El Impacto Salarial De Ser Un Inmigrante Indocumentado En La República Dominicana, Jaime Aristy-Escuder 2016 Pontificia Universidad Catolica Madre y Maestra (PUCMM)

El Impacto Salarial De Ser Un Inmigrante Indocumentado En La República Dominicana, Jaime Aristy-Escuder

The Latin American and Iberian Journal of Law and Economics

This paper analyzes the impact on wages of being an undocumented immigrant in the Dominican Republic. The investigation, initiated at the request of CUEPS of PUCMM, uses an econometric model to quantify the reduction of wages suffered by immigrants who do not have identification papers—whether from their country of origin or from the Dominican Republic—, with special reference to Haitian labor supply. The econometric model is applied to microdata obtained from the National Immigrant Survey conducted in 2012.


Resumen

Este trabajo analiza el impacto sobre el salario que provoca ser un inmigrante indocumentado en la República Dominicana. La investigación ...


The Restorative Workplace: An Organizational Learning Approach To Discrimination, Deborah Thompson Eisenberg 2016 University of Maryland School of Law

The Restorative Workplace: An Organizational Learning Approach To Discrimination, Deborah Thompson Eisenberg

Faculty Scholarship

On the fiftieth anniversary of Title VII of the Civil Rights Act, many employers continue to search for ways to implement the law’s antidiscrimination and equal opportunity mandates into the workplace. The current litigation-based approach to employment discrimination under Title VII and similar laws focuses on weeding out “bad apples” who are explicitly prejudiced. This “victim-villain” paradigm may fail to correct the complex, nuanced causes of workplace discrimination, or exacerbate the problem. This article explores an alternative approach—restorative practices—that may integrate the policy goals of antidiscrimination laws into the practical realities of managing an organization. Restorative practices ...


Angry Employees: Revisiting Insubordination In Title Vii Cases, Susan Carle, Susan D. Carle 2016 American University Washington College of Law

Angry Employees: Revisiting Insubordination In Title Vii Cases, Susan Carle, Susan D. Carle

Faculty Collected Scholarship and Works

In too many Title VII cases, employees find themselves thrown out of court because they reacted angrily to reasonable perceptions of employer discrimination. In the race context, supervisors repeatedly call employees the n-word and use other racial epithets, order African American employees to perform work others in the same job classification do not have to do, and impose discipline white employees do not face for the comparable conduct. In the gender context, courts throw out plaintiffs’ cases even where supervisors engage in egregious sexual harassment. Employees who react angrily to such demeaning treatment—by cursing, shouting, refusing an order or ...


Internal Disciplinary Procedures – Internet And Social Media. Dilemmas Of Bilateral Relations, Adrian Berski 2016 Dublin Institute of Technology

Internal Disciplinary Procedures – Internet And Social Media. Dilemmas Of Bilateral Relations, Adrian Berski

Reports

Nowadays, Social Media and the Internet are useful and powerful tools within society. It provides great convenience to conduct activities within the job market such as: free web advertising, talent hunting or collecting precious marketing data. However, in some cases, Social Media and the Internet can be a “bone of contention” between the employer and employee relationship.

The main purpose of this essay is to demonstrate bilateral relations between internal disciplinary procedures between Companies and the Internet – Social Media, in light of the Unfair Dismissals Acts 1977-2007. It will be presented in relation to the following determinants[1]:

  • screening or ...


The Same-Actor Inference Of Nondiscrimination: Moral Credentialing And The Psychological And Legal Licensing Of Bias, Victor D. Quintanilla, Cheryl R. Kaiser 2016 Indiana University Maurer School of Law

The Same-Actor Inference Of Nondiscrimination: Moral Credentialing And The Psychological And Legal Licensing Of Bias, Victor D. Quintanilla, Cheryl R. Kaiser

Articles by Maurer Faculty

One of the most egregious examples of the tension between federal employment discrimination law and psychological science is the federal common law doctrine known as the same-actor inference.

When originally elaborated by the Fourth Circuit in Proud v. Stone, the same-actor doctrine applied only when an “employee was hired and fired by the same person within a relatively short time span.” In the two decades since, the doctrine has widened and broadened in scope. It now subsumes many employment contexts well beyond hiring and firing, to scenarios in which the “same person” entails different groups of decision makers, and the ...


Just Cause Discipline For Social Networking In The New Gilded Age: Will The Law Look The Other Way?, William Herbert, Alicia McNally 2015 Hunter College, City University of New York

Just Cause Discipline For Social Networking In The New Gilded Age: Will The Law Look The Other Way?, William Herbert, Alicia Mcnally

William A. Herbert

We live and work in an era with the moniker of the New Gilded Age to describe the growth in societal income inequality. The designation is not limited to evidence of the growing gap in wealth distribution, but also the sharp rise in employment without security, including contingent and part-time work. This article examines the state of workplace procedural protections against discipline as they relate to employee use of social media in the New Gilded Age. In our times, reactions to the rapid distribution of troublesome electronic communications through social networking tend to eclipse patience for enforceable workplace procedures. The ...


Is Modern Day Slavery A Private Act Or A Public System Of Oppression?, Maria Ontiveros 2015 University of San Francisco School of Law

Is Modern Day Slavery A Private Act Or A Public System Of Oppression?, Maria Ontiveros

Maria L. Ontiveros

This article examines the use of the rhetoric of slavery by the United States government and advocates for immigrant workers to determine how the Thirteenth Amendment is perceived and used in contemporary society. A survey of popular usage revealed that the government focuses on trafficking as the definitive form of modern day slavery. In so doing, it portrays modern day slavery as a private act with identifiable wrong doers and victims who have been forced or coerced into involuntary servitude. Immigrant workers advocates, on the other hand, portray modern day slavery as a systemic form of oppression, supported by governmental ...


Drug Testing/Use, Sandra Klein 2015 Notre Dame Law School

Drug Testing/Use, Sandra Klein

Sandra S. Klein

Drug testing is one of the most controversial of recent privacy issues. The bibliography which follows provides the reader with access to a wide range of discussion on this topic which is, or should be, of interest to everyone. Whether in our private lives, or on the job, drug use and drug testing will have an impact on every one of us.


Review Of 'Understanding Labor And Employment Law In China' By Ronald C. Brown, Nicholas Howson 2015 University of Michigan Law School

Review Of 'Understanding Labor And Employment Law In China' By Ronald C. Brown, Nicholas Howson

Nicholas Howson

Review of Ronald C. Brown's UNDERSTANDING LABOR AND EMPLOYMENT LAW IN CHINA (Cambridge University Press, 2010) which review describes an alternative way of describing and analyzing law and legal institutions in contemporary China generally, and labor law specifically.


Labor Law - Tort Liability - Member May Sue Union For Its Negligent Conduct, Charles McClain 2015 Selected Works

Labor Law - Tort Liability - Member May Sue Union For Its Negligent Conduct, Charles Mcclain

Charles J. McClain

No abstract provided.


Employee/Employer, Sandra Klein 2015 Notre Dame Law School

Employee/Employer, Sandra Klein

Sandra S. Klein

The issue of privacy as it relates to employment in general is one of great concern, both to employers and employees. Both groups are faced with increasing threats to their individual or corporate privacy. Given that such threats carry personal, economic and social consequences, it is not surprising that many people are concerned. The bibliography which follows provides the reader with many sources which should prove useful to those well-versed in the subject, as well as to those who are looking at this issue for the first time.


Federal Regulation Of State Employment Under The Commerce Clause And "National Defense" Powers: Constitutional Issues Presented By The Public Safety Employer-Employee Cooperation Act, Kevin O'Brien 2015 Selected Works

Federal Regulation Of State Employment Under The Commerce Clause And "National Defense" Powers: Constitutional Issues Presented By The Public Safety Employer-Employee Cooperation Act, Kevin O'Brien

Kevin E. O'Brien

Pending before Congress is the Public Safety Employer-Employee Cooperation Act, which would require states and their localities to engage in collective bargaining with unions representing their public safety officers (i.e., police officers, firefighters, and emergency medical services workers). As constitutional authority for the Act, the legislation invokes the Commerce Clause and congressional "national defense" powers. This Note examines Congress's ability to regulate the states' employment of public safety officers. It concludes that the Commerce Clause does not enable such regulation because public safety employment does not substantially affect interstate commerce and that state sovereignty acts as an independent ...


Sexual-Harassment Liability In 1998: Good News Or Bad News For Employers And Employees?, David Sherwyn, J. Tracey 2015 Cornell University

Sexual-Harassment Liability In 1998: Good News Or Bad News For Employers And Employees?, David Sherwyn, J. Tracey

J. Bruce Tracey

In June 1998 the U.S. Supreme Court issued three separate rulings regarding workplace sexual harassment. In an apparent victory for employers, the court ruled in one case that a victim must actually suffer a tangible loss (i.e., a demotion or unwelcome transfer) to establish a case for quid pro quo harassment. The court affirmed, moreover, that employers can absolve themselves of liability in hostile-environment cases by establishing a meaningful and effective policy against sexual harassment. Absent a meaningful policy, however, employers will be liable for a hostile environment created by supervisors. Thus, in another case, the court found ...


We Need Professional Help: Advocating For A Consistent Standard Of Review When Regulations Of Professional Speech Implicate The First Amendment, Erika Schutzman 2015 Boston College Law School

We Need Professional Help: Advocating For A Consistent Standard Of Review When Regulations Of Professional Speech Implicate The First Amendment, Erika Schutzman

Boston College Law Review

The circuits are split as to what level of scrutiny should be applied to challenged regulations of professional speech. In the past two years, the Third and Fourth Circuit Courts of Appeals have applied intermediate scrutiny to regulations of professional speech, whereas the Ninth Circuit Court of Appeals has applied rational basis review. The Eleventh Circuit Court of Appeals first applied rational basis review, but then changed its approach in 2015 and applied intermediate scrutiny. This Note argues for the adoption of intermediate scrutiny as the appropriate standard with which to analyze regulations of professional speech. Intermediate scrutiny is the ...


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