Law Commons^™

Discrimination Cases Of The 2002 Term, Eileen Kaufman

Touro Law Review

No abstract provided.

Discrimination Cases In The October 2004 Term, Eileen M. Kaufman

Touro Law Review

No abstract provided.

Workplace Discrimination As A Public Health Issue: The Necessity Of Title Vii Protections For Volunteers, Elizabeth R. Langton

Fordham Law Review

What constitutes an employee is a recurring issue in U.S. employment law, especially with respect to volunteers. Under Title VII, an employee is defined as “an individual employed by an employer.” The U.S. Supreme Court has found that this definition is circular and explains nothing. Given the vague statutory definition of “employee,” circuit courts are split over the correct test to determine employee status for the purposes of Title VII.

Workplace discrimination is especially toxic because the majority of the adult population spends its waking hours at work. Thus far, courts have been focused on the individual nature of workplace …

Sexual Harassment And Labor Arbitration, Susan A. Fitzgibbon

Georgia Journal of International & Comparative Law

No abstract provided.

Employment Discrimination In The United States In 1989: Revisions Or A Pause, Josef Rohlik

Georgia Journal of International & Comparative Law

No abstract provided.

Citizenship, Aliengage, And Ethnic Origin Discrimination In Employment Under The Law Of The United States, Mack A. Player

Georgia Journal of International & Comparative Law

No abstract provided.

The Supreme Court’S Heightened Retaliation Standard In Nassar: A Prudent Limitation Or A Misguided Restriction To Title Vii Claims?, Darren Stakey

Touro Law Review

No abstract provided.

Seventh Circuit Allows American Subsidiary To Avoid Title Vii Liability By Asserting Fcn Treaty Rights Of Japanese Parent - American Employees Treated As Second Class Citizens - Court Cites Reciprocal Benefits For American Firms Operating Abroad - Fortino V. Quasar Co., 950 F.2d 389 (7th Cir. 1991)., Steven J. Lewengrub

Georgia Journal of International & Comparative Law

No abstract provided.

A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware

Georgia Journal of International & Comparative Law

No abstract provided.

Federalism And Business Decisions In The October 2005 Term, Carter G. Phillips

Touro Law Review

No abstract provided.

Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Eileen Kaufman

Touro Law Review

No abstract provided.

Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Leon Friedman

Touro Law Review

No abstract provided.

Title Vii At Fifty Years: A Symposium, Ann C. Mcginley

Nevada Law Journal

No abstract provided.

The Trouble With Torgerson: The Latest Effort To Summarily Adjudicate Employment Discrimination Cases, Theresa M. Beiner

Nevada Law Journal

No abstract provided.

Defying "Common Sense?": The Legitimacy Of Applying Title Vii To Employer Criminal Records Policies, Tammy R. Pettinato

Nevada Law Journal

No abstract provided.

Title Vii And Diversity, Kingsley R. Browne

Nevada Law Journal

No abstract provided.

Misconstruing Notice In Eeoc Administrative Processing & Conciliation, Angela D. Morrison, Angela D. Morrison

Nevada Law Journal

No abstract provided.

The "Moral Hazards" Of Title Vii's Religious Accomodation Doctrine, Stephen Gee

Chicago-Kent Law Review

Freedom of religion in the workplace has recently become a hot topic with regards to whether U.S. or state laws (mainly contraceptive care and treatment of same-sex, married employees’ spouses) must accommodate certain employer’s religious beliefs or else violate the employer’s constitutional right. However, before this recent employer-centric topic came to light, the main focus was on employees and to what extent employers must accommodate an employee’s religion via Title VII. Most, if not all, academic literature has argued an employer’s duty to accommodate employee’s religion is too weak under Title VII and should thus be increased to the significant …

Lessons From The Dolphins/Richie Incognito Saga, Kerri Lynn Stone

Nevada Law Journal

No abstract provided.

Hiding The Statute In Plain View: University Of Texas Southwestern Medical Center V. Nassar, Michael J. Zimmer

Nevada Law Journal

No abstract provided.

How The Nlrb's Light Still Shines On Anti-Discrimination Law Fifty Years After Title Vii, Michael Z. Green

Nevada Law Journal

No abstract provided.

Civil Rights And Related Decisions, Eileen Kaufman

Touro Law Review

No abstract provided.

Does Testing = Race Discrimination?: Ricci, The Bar Exam, The Lsat, And The Challenge To Learning, Dan Subotnik

University of Massachusetts Law Review

Aptitude and achievement tests have been under heavy attack in the courts and in academic literature for at least forty years. Griggs v. Duke Power (1971) and Ricci v. DeStefano (2009) are the most important judicial battle sites. In those cases, the Supreme Court decided the circumstances under which test could be used by an employer to screen employees for promotion when the test had a negative racial impact on test takers. The related battles over testing for entry into the legal academy and from the academy into the legal profession have been no less fierce. The assault on testing …

Weathering Wal-Mart, Joseph A. Seiner

Notre Dame Law Review

In Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2531 (2011), the Supreme Court held that a proposed class of over a million women that had alleged pay and promotion discrimination against the nation’s largest retailer could not be certified. According to the Court, the plaintiffs had failed to establish a common thread in the case sufficient to tie their claims together. The academic response to Wal-Mart was immediate and harsh: the decision will serve as the death knell for mass employment litigation, undermining the workplace protections provided by Title VII of the Civil Rights Act of 1964 (Title VII). …

Irresistible As A Matter Of Law: Why Title Vii Jurisprudence Administered The Coup De Grace To The Purposivist Method Of Statutory Interpretation, Robert A. Pellow

Barry Law Review

No abstract provided.

The Seventh Circuit Got It Wrong: Supervisors Should Not Face Individual Liability Under Section 1981, Emily Aleisa

Chicago-Kent Law Review

In Smith v. Bray, the Seventh Circuit, on a case of first impression, determined that supervisors with retaliatory motives can and should be individually liable under section 1981 when they cause the employer to retaliate against an employee. This article argues against the Seventh Circuit’s holding for four reasons. First, courts are required to analyze section 1981 the same way they analyze Title VII, and Title VII does not allow for individual supervisor liability. Second, the Seventh Circuit justified its decision based on a flawed comparison between section 1981 and section 1983, a similar but distinct civil rights statute. Third, …

Delimiting Title Vii: Reverse Religious Discrimination And Proxy Claims In Employment Discrimination Litigation, Andrea J. Sinclair

Vanderbilt Law Review

In July 2012, Chick-fil-A President and Chief Operating Officer Dan Cathy remarked to a religious publication that he and his company supported the "biblical definition of the family unit."' Chick- fil-A is popularly known as a Christian company that promotes conservative, biblical values. Mr. Cathy's statement was largely interpreted by the media as an "anti-gay" sentiment rooted in religious beliefs. In response to Mr. Cathy's remark, government officials from Boston and Chicago refused to allow the restaurant chain to open new locations in their cities, citing the organization's official policy of "discrimination." The Chick-fil-A controversy demonstrates how the intersection of …

Employment Discrimination Against Ex-Offenders: The Promise And Limits Of Title Vii Disparate Impact Theory, Tammy R. Pettinato

Marquette Law Review

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