Born Free: Toward An Expansive Definition Of Sex, 2018 University of Oklahoma College of Law
Born Free: Toward An Expansive Definition Of Sex, Laura Palk, Shelly Grunsted
Michigan Journal of Gender and Law
The State of New York recently issued its first physician-certified “intersex” birth certificate, correcting a 55-year-old’s original birth certificate. This is a positive step towards eliminating the traditional binary approach to a person’s birth sex, but it creates potential uncertainties in the employment discrimination context. Over the past several years, the definition of what constitutes “discrimination on the basis of sex” has both expanded (with the legalization of same-sex marriage) and narrowed (restricting the use of gender specific bathrooms). Until recently it appeared that a broader definition of the term “sex” would become the judicial—and possibly legislative ...
Headscarf Bans, Equal Treatment, And Minority Integration In The Workplace, 2018 J. Reuben Clark Law School, Brigham Young University
Headscarf Bans, Equal Treatment, And Minority Integration In The Workplace, Elizabeth A. Clark
Notre Dame Law Review Online
Andrea Pin’s Essay on the Achbita and Bougnaoui cases effectively highlights the significance of the cases and the singularity of the rulings, as well as the tension they create with other European Union norms and policies. The European Court of Justice’s (ECJ) rulings in these cases are also in tension with the court’s own discrimination law and exacerbate the pressing European question, particularly significant in light of the recent migration crisis, of how best to incorporate ethnic and religious minorities into a society.
When Courts Run Amuck: A Book Review Of Unequal: How America's Courts Undermine Discrimination Law By Sandra F. Sperino And Suja A. Thomas (Oxford 2017), 2018 University of Arkansas at Little Rock William H. Bowen School of Law
When Courts Run Amuck: A Book Review Of Unequal: How America's Courts Undermine Discrimination Law By Sandra F. Sperino And Suja A. Thomas (Oxford 2017), Theresa M. Beiner
Texas A&M Law Review
In Unequal: How America’s Courts Undermine Discrimination Law (“Unequal”), law professors Sandra F. Sperino and Suja A. Thomas provide a point-by-point analysis of how the federal courts’ interpretations of federal anti-discrimination laws have undermined their efficacy to provide relief to workers whose employers have allegedly engaged in discrimination. The cases’ results are consistently pro-employer, even while the Supreme Court of the United States—a court not known for being particularly pro-plaintiff—has occasionally ruled in favor of plaintiff employees. The authors suggest some reasons for this apparent anti-plaintiff bias among the federal courts, although they do not settle on ...
Spiller V. State: Determining The Nature Of Public Employees' Rights To Their Pensions, 2018 University of Maine School of Law
Spiller V. State: Determining The Nature Of Public Employees' Rights To Their Pensions, Andrew C. Mackenzie
Maine Law Review
In Spiller v. State, a divided Maine Supreme Judicial Court, sitting as the Law Court, held that certain legislative changes to public employee pension benefits did not impair the employees' constitutional rights because there was no clear indication that the employees had a contractual right to their pensions. These changes were enacted as a reduction of state expenditures in reaction to Maine's fiscal deficit. The majority found that the changes were not unconstitutional and thus were permissible. The dissenting opinion, however, found that a contract existed between the State and the employees and that it had been breached. Although ...
Employees Or Independent Contractors: A Call For Revision Of Maine's Unemployment Compensation "Abc Test", 2018 University of Maine School of Law
Employees Or Independent Contractors: A Call For Revision Of Maine's Unemployment Compensation "Abc Test", Christopher J. Cotnoir
Maine Law Review
The Maine Employment Security Law governs whether one person performing services for another is an independent contractor or an employee for unemployment tax purposes. It requires many employers to pay unemployment taxes on individuals who, under the usual common law rules governing the employer-employee relationship, are independent contractors. This result, caused partly by the structure of the statute and partly by judicial interpretation, has the effect of discouraging business expansion, limiting entrepreneurial opportunities, and ultimately, hampering statewide economic development. This Comment first provides the historical background of unemployment compensation legislation at the federal and state levels. Employer liability and employee ...
Low-Wage Workers Will Be Directly Impacted By The California Supreme Court’S Decision In Troester V. Starbucks Inc., 2018 Golden Gate University School of Law
Low-Wage Workers Will Be Directly Impacted By The California Supreme Court’S Decision In Troester V. Starbucks Inc., Golden Gate University School Of Law
The Women’s Employment Rights Clinic at Golden Gate University School of Law filed an amicus brief on behalf of low-wage worker advocates, urging the Court to follow its own precedent and the clear statutory requirements in California that workers must be paid for all hours worked.
What Would We Do Without Them: Whistleblowers In The Era Of Sarbanes-Oxley And Dodd-Frank, 2018 T.J. Maloney Chair in Business Law and the Director of the Fordham Corporate Law Center, Fordham University School of Law
What Would We Do Without Them: Whistleblowers In The Era Of Sarbanes-Oxley And Dodd-Frank, Sean Griffith, Jane A. Norberg, Ian Engoron, Alice Brightsky, Tracey Mcneil, Jennifer M. Pacella, Judith Weinstock, Jason Zuckerman
Fordham Journal of Corporate & Financial Law
No abstract provided.
Wouldn’T It Be Nice: Searching For Clarity In Intermittent Strike Adjudication, 2018 Boston College Law School
Wouldn’T It Be Nice: Searching For Clarity In Intermittent Strike Adjudication, Thomas B. Fiascone
Boston College Law Review
An employee’s right to strike has been a fundamental piece of American labor law policy since its codification in the 1935 National Labor Relations Act. Recently, however, strike activity has undergone a dramatic transformation in response to rapidly declining rates of unionization. Instead of numerous union members striking for weeks on end, small numbers of employees have engaged in surprise one-day strikes in an attempt to maximize the potential effect on employers despite the strike’s brief nature. Such strikes, often referred to as “intermittent strikes,” fall into an area of legal ambiguity due to prior inconsistent adjudication. As ...
Deflategate Pumped Up: Analyzing The Second Circuit’S Decision And The Nfl Commissioner’S Authority, 2018 University of Miami Law School
Deflategate Pumped Up: Analyzing The Second Circuit’S Decision And The Nfl Commissioner’S Authority, Josh Mandel
University of Miami Law Review
Deflategate was one of the most controversial scandals in NFL history, and while many became fascinated due to their love of football, Deflategate was ultimately rooted in law. NFL Commissioner Roger Goodell suspended Tom Brady, the legendary quarterback for the New England Patriots, for four games for engaging in “conduct detrimental to the integrity of and public confidence in the game of professional football.” More specifically, Goodell suspended Brady because he was generally aware of Patriots staff deflating footballs prior to the 2015 AFC Championship game, and because he failed to cooperate with the investigation into the deflated footballs.
Prevailing Wage Legislation And The Continuing Significance Of Race, 2018 Notre Dame Law School
Prevailing Wage Legislation And The Continuing Significance Of Race, David E. Bernstein
Journal of Legislation
No abstract provided.
The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer
Purpose: The purpose of this descriptive, qualitative study was to identify and describe the importance of the predictors of juvenile recidivism and the effectiveness of efforts to prevent/avoid juvenile recidivism as perceived by previously detained, arrested, convicted, and/or incarcerated adult students 18 years of age and older exiting from alternative education in Northern California. A second purpose was to explore the types of support provided by alternative schools and the perceived importance of the support to avoid recidivism according to adult students 18 years of age and older exiting from alternative education.
Methodology: This qualitative, descriptive research design ...
Title Vii And The Collateral Source Rule: Evaluating The Not-So Equitable Remedy In Eeoc V. Consol Energy, 2018 Boston College Law School
Title Vii And The Collateral Source Rule: Evaluating The Not-So Equitable Remedy In Eeoc V. Consol Energy, Virginia Calistro
Boston College Law Review
On June 12, 2017, the Fourth Circuit Court of Appeals affirmed the decision of the United States District Court for the Northern District of West Virginia to refuse an offset to a Title VII damage award by the amount of pension payments received following the plaintiff's constructive discharge. In doing so, the court adopted a new interpretation of the collateral source rule and its applicability in employment discrimination pay awards. The effect of this decision is to further compound a split of authority between multiple federal courts of appeals regarding the treatment of certain benefits in the wake of ...
Cementing Good Law By Tolerating Bad Outcomes: Examining The Eighth Circuit's Commitment To Upholding The Defense Of Qualified Immunity For Prison Officials In Kulkay V. Roy, 2018 Boston College Law School
Cementing Good Law By Tolerating Bad Outcomes: Examining The Eighth Circuit's Commitment To Upholding The Defense Of Qualified Immunity For Prison Officials In Kulkay V. Roy, Peter Diliberti
Boston College Law Review
On February 2, 2017, the U.S. Court of Appeals for the Eighth Circuit decided Kulkay v. Roy and affirmed the U.S. District Court for the District of Minnesota’s dismissal of plaintiff’s civil rights claims under the Eighth and Fourteenth Amendments. The plaintiff, a former inmate at a Minnesota correctional facility, sued the correctional facility and related officials for failing to install safety features on a piece of machinery and not providing him with adequate usage training after he suffered damage to his hand while operating the beam saw. The district court held that the plaintiff inmate ...
Public Entities Become A Model Against Age Discrimination: Expanding The Definition Of "Employer" In Guido V. Mount Lemmon Fire District, Kathryn Weston
Boston College Law Review
In Guido v. Mount Lemmon Fire District, the Ninth Circuit split with four other circuits in its understanding of the definition of employer under the Age Discrimination in Employment Act (“ADEA”). For decades, the other circuits found that the ADEA’s definition of employer excluded both private and public entities that did not meet the statute’s numerosity requirement of twenty or more employees. The Ninth Circuit broke with this interpretation and found that the ADEA’s numerosity requirement was applicable only to private entities. This ruling established that employing fewer than twenty people does not exempt a public entity ...
Clear Statement Rules And The Integrity Of Labor Arbitration, 2018 Penn State Law
Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen Ross, Roy Eisenhardt
Arbitration Law Review
Under the common law, employment contracts are submitted to civil courts to resolve disputes over interpretation, breach, and remedies. As an alternative, parties in collective bargaining agreements, can agree to dispute resolution by an independent arbitrator, whose decision is reviewed deferentially by judges. Where employees or members of an association are governed by its internal rules, in contrast, they often agree contractually to submit internal disputes to an association officer or committee. In this circumstance, the common law governing private associations affords judicial review that is more limited than a civil dispute, but more searching than is the case for ...
Labor-Management Cooperation: Bath Iron Works's Bold New Approach, 2018 University of Maine School of Law
Labor-Management Cooperation: Bath Iron Works's Bold New Approach, Jonathan B. Goldin University Of Maine School Of Law
Maine Law Review
An increasing number of employers and unions have found that the best way to compete in the marketplace and secure both profits for the firm and good jobs for workers is through cooperative worker-management relations. As Americans obtain more education, and with the changing nature of some work, employers increasingly find it appropriate to rearrange responsibilities and tasks to employees, who work sometimes as teams and other times as individuals. For their part, more highly educated employees express greater desire to participate in workplace decisions and have the knowledge and competence to undertake more tasks at the workplace. It is ...
Vol. 35, No. 2, 2018 Chicago-Kent College of Law
Vol. 35, No. 2, Stephanie Fortado
The Illinois Public Employee Relations Report
Where Do We Go From Here? Martin Luther King, Jr.’s Labor Legacy and the Current Attacks on Public Sector Unions, by Stephanie Fortado
We Can Thank Harvey Weinstein For Doing What Congress And The Supreme Court Failed To Do, 2018 Cornell University School of Hotel Administration
We Can Thank Harvey Weinstein For Doing What Congress And The Supreme Court Failed To Do, David S. Sherwyn, Paul Wagner
Articles and Chapters
While the years 2017 and 2018 will be remembered for numerous geo political and social movements, any retrospective of this time will include the issue of sexual harassment and the corresponding “Me Too” movement. In this time, sexual harassment has transformed from a workplace legal concept to an issue that is defining the fabric of the country. While no one could persuasively argue that sexual harassment has not expanded from its legal roots to a movement that transcends the law, the fact is that the concept is rooted and adjudicated in law. Sadly, the commentators and the popular press often ...
Is More Parental Leave Always Better?: An Analysis Of Potential Employee Protections For Leave Offered Outside The Fmla, Natalie Bucciarelli Pedersen
Cleveland State Law Review
In the past few years, many large companies, including Netflix, Amazon and Facebook have implemented expanded—and very generous—parental leave policies. While on the surface these policies seem employee-friendly and even big-hearted, when one explores the potential consequences of taking such leave, the policies are fraught with potential dangers for employees. In a groundbreaking new study, researchers have found that employers view time off or flexible work arrangements made for an employee’s personal reasons as negatively reflecting on an employee’s work commitment. But what happens if a company decides to terminate an employee because they have taken ...
A Review Of Supreme Court Cases Involving Workplace Retaliation: 2006-2018, 2018 Western Kentucky University
A Review Of Supreme Court Cases Involving Workplace Retaliation: 2006-2018, Rachel Quinn Pearson
Masters Theses & Specialist Projects
Employers want to reduce or eliminate claims of employee retaliation whenever possible because of associated negative organizational consequences such as legal liability, various financial costs for the organization, and negative effect on employee morale. As such, it is important to identify the factors that impact the court’s decision to rule in favor of the plaintiff or the defendant. The purpose of the present study is to identify factors driving the court’s decision, as well as to review the implications of recent Supreme Court holdings for retaliation issues. Supreme Court cases involving a claim of employee retaliation from BNSF ...