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Articles 1 - 12 of 12

Full-Text Articles in Law

Employment Law - Antidiscrimination - Unpaid And Unprotected: Protecting Our Nation's Volunteers Through Title Vii, Tara Kpere Daibo Oct 2009

Employment Law - Antidiscrimination - Unpaid And Unprotected: Protecting Our Nation's Volunteers Through Title Vii, Tara Kpere Daibo

University of Arkansas at Little Rock Law Review

No abstract provided.


Recent Decisions, Phoebe A. Haddon Aug 2009

Recent Decisions, Phoebe A. Haddon

Phoebe A. Haddon

No abstract provided.


Artfully Discriminating: How Hall V. Nalco Co. Applies Title Vii To Adverse Employment Actions Based On Assisted Reproduction Technologies, Patrick F. Madden Jan 2009

Artfully Discriminating: How Hall V. Nalco Co. Applies Title Vii To Adverse Employment Actions Based On Assisted Reproduction Technologies, Patrick F. Madden

Patrick F. Madden

No abstract provided.


The New Sex Discrimination: Family Responsibilities, Cynthia Thomas Calvert Jan 2009

The New Sex Discrimination: Family Responsibilities, Cynthia Thomas Calvert

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Civil Rights Litigation From The October 2007 Term, Martin A. Schwartz Jan 2009

Civil Rights Litigation From The October 2007 Term, Martin A. Schwartz

Touro Law Review

No abstract provided.


From Queen Bees And Wannabes To Worker Bees: Why Gender Considerations Should Inform The Emerging Law Of Workplace Bullying, Kerri Lynn Stone Jan 2009

From Queen Bees And Wannabes To Worker Bees: Why Gender Considerations Should Inform The Emerging Law Of Workplace Bullying, Kerri Lynn Stone

Faculty Publications

This Article submits that the documented phenomenon of workplace bullying operates to stymie the retention and advancement of women in the workplace Research documented in books like Queen Bees and Wannabes shows that as early as the schoolyard, males and females tend to socialize differently, engage in and resolve conflict with peers differently, and absorb bullying behavior differently. Girls often believe or are taught to believe that direct conflict or confrontation is unpalatable and tend to employ more passive aggressive means of engagement with foes. They often internalize and repress feelings that boys are more likely to express. Viewing the …


Procedural Extremism: The Supreme Court's 2008-2009 Labor And Employment Cases, Melissa Hart Jan 2009

Procedural Extremism: The Supreme Court's 2008-2009 Labor And Employment Cases, Melissa Hart

Publications

It has become nearly a commonplace to say that the Supreme Court under the leadership of Chief Justice John Roberts is a court of “incrementalism.” The 2008 Term, however, featured several opinions that showcase the procedural extremism of the current conservative majority. In a series of sharply divided decisions, the Court re-shaped the law that governs the workplace - or more specifically the law that governs whether and how employees will be permitted access to the courts to litigate workplace disputes. At least as important as the Court’s changes to the substantive legal standards are the procedural hurdles the five …


Commentary: Women’S Employment Rights In The Workplace Of 2007 And 2027, Marley S. Weiss Jan 2009

Commentary: Women’S Employment Rights In The Workplace Of 2007 And 2027, Marley S. Weiss

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Evaluating Policy Solutions To Sex-Based Pay Discrimination: Women Workers, Lawmakers, And Cultural Change, Vicky Lovell Jan 2009

Evaluating Policy Solutions To Sex-Based Pay Discrimination: Women Workers, Lawmakers, And Cultural Change, Vicky Lovell

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Making Pregnancy Work: Overcoming The Pregnancy Discrimination Act's Capacity-Based Model, Joanna L. Grossman, Gillian Thomas Jan 2009

Making Pregnancy Work: Overcoming The Pregnancy Discrimination Act's Capacity-Based Model, Joanna L. Grossman, Gillian Thomas

Faculty Journal Articles and Book Chapters

This article considers the gaps and obstacles in current law faced by the pregnant woman whose job duties may conflict with pregnancy's physical effects. While there is no inherent conflict between pregnancy and work, women in physically strenuous or hazardous occupations, from nursing to law enforcement, routinely confront situations in which they are physically unable to perform aspects of their job or, though physically able, they seek to avoid certain tasks or situations because of the potential risks to maternal or fetal health. The Pregnancy Discrimination Act of 1978 (PDA) broadly protects against "pregnancy discrimination," but it provides absolute rights …


Toward An Integrated Disparate Treatment And Accommodation Framework For Title Vii Religion Cases, Roberto L. Corrada Jan 2009

Toward An Integrated Disparate Treatment And Accommodation Framework For Title Vii Religion Cases, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

This Article proposes that courts follow a new, integrated disparate treatment and accommodation framework for all Title VII religion claims. The integrated framework requires employees to show: (1) the employee had a sincerely held religious belief or practice that may or may not have conflicted with a work requirement; (2) the employer knew of the employee's belief; and (3) the employee was subjected to an adverse employment action. The burden would then shift to the employer to show (1) the employer was neutral, and not intentionally biased toward employee's religion in the workplace, by articulating its reasons for acting, which …


Opening The Doors To The Local Courthouse: Maryland's New Private Right Of Action For Employment Discrimination, Deborah Eisenberg Dec 2008

Opening The Doors To The Local Courthouse: Maryland's New Private Right Of Action For Employment Discrimination, Deborah Eisenberg

Deborah Thompson Eisenberg

No abstract provided.