Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Employment (15)
- Labor (12)
- Title VII (10)
- Discrimination (9)
- Anti-discrimination (7)
-
- Immigration (7)
- Labor and employment law (7)
- Sexual harassment (7)
- Women (7)
- Employment Practice (6)
- Civil Rights Act of 1964 (5)
- Employee (5)
- Employment Discrimination (5)
- Employment discrimination (5)
- Employment law (5)
- Immigrant (5)
- Civil rights (4)
- Comparative Law (4)
- Human rights (4)
- OSHA (4)
- Race (4)
- Sex (4)
- Worker (4)
- Workplace (4)
- Employees (3)
- Employment Law (3)
- Equal Employment Opportunity Commission (3)
- FLSA (3)
- Gender discrimination (3)
- Immigrant worker (3)
- Publication Year
- Publication
-
- Articles in Law Reviews & Other Academic Journals (54)
- Labor & Employment Law Forum (53)
- American University Journal of Gender, Social Policy & the Law (39)
- American University Law Review (28)
- The Modern American (10)
-
- Human Rights Brief (8)
- American University Business Law Review (6)
- Contributions to Books (3)
- Legislation and Policy Brief (2)
- Presentations (2)
- Reports (2)
- Sustainable Development Law & Policy (2)
- Upper Level Writing Requirement Research Papers (2)
- American University International Law Review (1)
- Faculty Collected Scholarship and Works (1)
- Project on Addressing Prison Rape - Articles (1)
- The Project on Addressing Prison Rape - Surveys (1)
- Publication Type
Articles 31 - 60 of 215
Full-Text Articles in Law
Make-Whole Or Make-Short? How Courts Have Misread Title Vii's Limitations Period To Truncate Relief In Eeoc Pattern-Or-Practice Cases, Sara A. Fairchild
Make-Whole Or Make-Short? How Courts Have Misread Title Vii's Limitations Period To Truncate Relief In Eeoc Pattern-Or-Practice Cases, Sara A. Fairchild
American University Law Review
No abstract provided.
Building Bridges: Why Expanding Optional Practical Training Is A Valid Exercise Of Agency Authority And How It Helps F-1 Students Transition To H-1b Worker Status, Pia Nitzschke
American University Law Review
No abstract provided.
A Different Class Of Care: The Benefits Crisis And Low-Wage Workers, Trina Jones
A Different Class Of Care: The Benefits Crisis And Low-Wage Workers, Trina Jones
American University Law Review
No abstract provided.
The Joint-Employer Standard After Browning-Ferris Ii & The 21st Century American Dream, Jay Forester
The Joint-Employer Standard After Browning-Ferris Ii & The 21st Century American Dream, Jay Forester
American University Business Law Review
No abstract provided.
It Is Time For Something New: A 21st Century Joint-Employer Doctrine For 21st Century Franchising, Steven A. Carvell, David Sherwyn
It Is Time For Something New: A 21st Century Joint-Employer Doctrine For 21st Century Franchising, Steven A. Carvell, David Sherwyn
American University Business Law Review
No abstract provided.
The Price Of Price Waterhouse: How Title Vii Reduces The Lives Of Lgbt Americans To Sex And Gender Stereotypes, Drew Culler
The Price Of Price Waterhouse: How Title Vii Reduces The Lives Of Lgbt Americans To Sex And Gender Stereotypes, Drew Culler
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Coming Of Age On $2 A Day, Evicted: What Ced Has To Say To Today's Untethered Poverty, Susan Bennett
Coming Of Age On $2 A Day, Evicted: What Ced Has To Say To Today's Untethered Poverty, Susan Bennett
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Damaged Bodies, Damaged Lives: Immigrant Worker Injuries As Dignity Takings, Jayesh Rathod, Rachel Nadas
Damaged Bodies, Damaged Lives: Immigrant Worker Injuries As Dignity Takings, Jayesh Rathod, Rachel Nadas
Articles in Law Reviews & Other Academic Journals
Government data consistently affirm that foreign-born workers in the U.S. experience high rates of on-the-job illness and injury. This article explores whether—and under what circumstances—these occupational harms suffered by immigrant workers constitute a dignity taking. The article argues that some injuries suffered by foreign-born workers are indirect takings by the state due to the government’s lackluster oversight and limited penalties for violations of occupational safety and health laws. Using a framework of the body as property, the article then explores when work-related injury constitutes an infringement upon a property right. The article contends that the government’s weak enforcement apparatus, coupled …
"Dependent Contractors" In The Gig Economy: A Comparative Approach, Miriam A. Cherry, Antonio Aloisi
"Dependent Contractors" In The Gig Economy: A Comparative Approach, Miriam A. Cherry, Antonio Aloisi
American University Law Review
No abstract provided.
It's Time To Stop Punting On College Athletes' Rights: Implications Of Columbia University On The Collective Bargaining Rights Of College Athletes, Lucas Novaes
American University Law Review
The National Labor Relations Board ruled in Columbia University that student assistants who have a common law employment relationship with their university are statutory employees under the National Labor Relations Act, which granted them full bargaining rights and union protection. However, just one year earlier, the Board decided to not address the question of whether college athletes receiving grant-in-aid scholarships should similarly be accorded the protections of the Act as statutory employees. Importantly, the Board noted that it was well-suited to make that determination in the future.
College athletes have been left in legal limbo as the teams, universities, and …
Two Conflicting Filing Periods For A Constructive Discharge Claim: Which One Is Better?, Aditi Kumar
Two Conflicting Filing Periods For A Constructive Discharge Claim: Which One Is Better?, Aditi Kumar
Labor & Employment Law Forum
No abstract provided.
The Fine Line Employers Walk: Is It A Justified Business Practice, Or Discrimination?, Michelle Y. Dimaria
The Fine Line Employers Walk: Is It A Justified Business Practice, Or Discrimination?, Michelle Y. Dimaria
Labor & Employment Law Forum
No abstract provided.
Balancing Employer And Employee Interests In Social Media Disputes, Tara R. Flomenhoft
Balancing Employer And Employee Interests In Social Media Disputes, Tara R. Flomenhoft
Labor & Employment Law Forum
No abstract provided.
Employment Discrimination: Have The Federal Courts Reached A Consensus On How To Interpret Title Vii Claims Alleged By Plaintiffs Who Identify As Lesbian, Gay, Bisexual, Or Transgender?, Larkin Nicholas
Labor & Employment Law Forum
No abstract provided.
Angry Employees: Revisiting Insubordination In Title Vii Cases, Susan Carle, Susan D. Carle
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 leaving …
The Student-Athlete's Right To Organize: How The United States Is Violating The International Labor Organization Constitution And Declaration Of Fundamental Rigths, Matthew Phifer
American University International Law Review
No abstract provided.
Food Stamps, Unjust Enrichment And Minimum Wage, Candace Kovacic-Fleischer
Food Stamps, Unjust Enrichment And Minimum Wage, Candace Kovacic-Fleischer
Articles in Law Reviews & Other Academic Journals
A number of large retail chains with monopsony power, such as Walmart, pay their low level employees so little that these employees are eligible for food stamps and other governmental benefits. In addition to paying low wages, these chains often have hourly restrictions so that their employees are not eligible for overtime pay. At times the chains violate the wage and hour provisions of the Fair Labor Standards Act (FLSA) by making hourly employees work “off the clock,” a practice known as wage theft.
One of the reasons these low wage retailers can pay so little is because their employees …
Sweat Makes The Green Grass Grow: The Precarious Future Of Quatar's Migrant Workers In The Run Up To The 2022 Fifa World Cup Under The Kafala System And Recommendations For Effective Reform, Paula Renkiewicz
American University Law Review
No abstract provided.
Introduction To Worker Cooperatives And Their Role In The Changing Economy, Priya Baskaran
Introduction To Worker Cooperatives And Their Role In The Changing Economy, Priya Baskaran
Articles in Law Reviews & Other Academic Journals
This article advocates for cooperatives as a vehicle for protecting and empowering vulnerable workers, like those in New York’s nail salons. Some may argue that worker cooperatives are unnecessary and that advocacy groups and legislation would be just as effective. California has a nonprofit, the California Healthy Nail Salon Collaborative (CHNSC), which is dedicated to advocating for healthy working conditions for nail workers. The organization is composed of key stakeholders in the nail salon industry, including individual manicurists, environmental organizations, researchers, reproductive justice groups, and government agencies. CHNSC created a “healthy nail salon” certification as an incentive for owners to …
Exploited At The Intersection: A Critical Race Feminist Analysis Of Undocumented Latina Workers And The Role Of The Private Attorney General, Llezlie Green
Articles in Law Reviews & Other Academic Journals
Undocumented Latina workers experience wage theft and other workplace exploitation at alarmingly high rates. The stock stories associated with immigrant workers often involve male day laborers or female domestic workers and fail to capture the experiences of women toiling in the farms, restaurants, factories, and home and business cleaning services that employ hundreds of thousands of immigrant women. The resulting invisibility of undocumented Latina women in the typical narratives parallels the paucity of undocumented Latina workers who make legal claims against their exploitative employers. Their distinct experiences are characterized by multiple intersecting vulnerabilities based upon their ethnicity, gender, and immigration …
Angry Employees: Revisiting Insubordination In Title Vii Cases, Susan Carle
Angry Employees: Revisiting Insubordination In Title Vii Cases, Susan Carle
Articles in Law Reviews & Other Academic Journals
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 leaving …
The Resurgence Of Forced Labor: How The Sixth Circuit's Decision In United States V. Toviave Endorses The Exploitation Of Children, Sophia K. Niazi
The Resurgence Of Forced Labor: How The Sixth Circuit's Decision In United States V. Toviave Endorses The Exploitation Of Children, Sophia K. Niazi
American University Journal of Gender, Social Policy & the Law
Comment arguing that the Sixth Circuit decision in United States v. Toviave was erroneous because the court failed to determine that the alleged forced labor was used as a means to control the children in the case. The comment looks at the reasoning in Toviave and explores the Sixth Circuit's reasoning in the case as well as the Federal Forced Labor Statute, the Federal Involuntary Servitude Statute and Michigan's current child abuse laws.
Pre-Dispute Mandatory Arbitration In Employment Agreements, Bahareh (Bee) Moradi
Pre-Dispute Mandatory Arbitration In Employment Agreements, Bahareh (Bee) Moradi
Upper Level Writing Requirement Research Papers
No abstract provided.
Riding The Wave: Uplifting Labor Organizations Through Immigration Reform, Jayesh Rathod
Riding The Wave: Uplifting Labor Organizations Through Immigration Reform, Jayesh Rathod
Articles in Law Reviews & Other Academic Journals
In recent years, labor unions in the United States have embraced the immigrants’ rights movement, cognizant that the very future of organized labor depends on its ability to attract immigrant workers and integrate them into union ranks. At the same time, the immigrants’ rights movement has been lauded for its successful organizing models, often drawing upon the vitality and ingenuity of immigrant-based worker centers, which themselves have emerged as alternatives to traditional labor unions. And while the labor and immigrants’ rights movements have engaged in some fruitful collaborations, their mutual support has failed to radically reshape the trajectory of either …
"It's Not You, It's Me" - When Are Client Companies Liable For Staffing Firms' Discriminatory Hiring Practices?, Lara Samuels
"It's Not You, It's Me" - When Are Client Companies Liable For Staffing Firms' Discriminatory Hiring Practices?, Lara Samuels
American University Business Law Review
No abstract provided.
Procedural Hurdles And Thwarted Efficiency: Immigration Relief In Wage And Hour Collective Actions, Llezlie Green
Procedural Hurdles And Thwarted Efficiency: Immigration Relief In Wage And Hour Collective Actions, Llezlie Green
Articles in Law Reviews & Other Academic Journals
Wage theft and its frequent exploitative companions, trafficking and involuntary servitude, have seen substantial increases in recent years. Low-wage workers often bear the brunt of these practices. Vulnerable populations, such as immigrant workers, and more specifically, undocumented workers, experience wage theft and other forms of workplace-related exploitation at alarmingly high rates. Individual adjudications of these claims are neither efficient nor, in many cases, feasible, given attorneys’ aversion to shouldering the risks and costs in cases that may yield only limited attorneys’ fees. The collective adjudication of Fair Labor Standards Act (FLSA) claims, however, largely resolves these challenges and provides an …
Bread And Roses: E.E.O.C. V. Bloomberg L.P. And The Case For A Work-Life Balance, Marissa N. Goldberg
Bread And Roses: E.E.O.C. V. Bloomberg L.P. And The Case For A Work-Life Balance, Marissa N. Goldberg
The Modern American
No abstract provided.
Immunity Of Trade Unions For Inducing Breach Of Contract: A Study Of The Evolution Of English Law And Its Application In India, Kunal Ambasta
Immunity Of Trade Unions For Inducing Breach Of Contract: A Study Of The Evolution Of English Law And Its Application In India, Kunal Ambasta
Labor & Employment Law Forum
No abstract provided.
Cultural Cognition Insights Into Judicial Decisionmaking In Employee Benefits Cases, Paul M. Secunda
Cultural Cognition Insights Into Judicial Decisionmaking In Employee Benefits Cases, Paul M. Secunda
Labor & Employment Law Forum
No abstract provided.
Leave As A Reasonable Accommodation Under The Americans With Disabilities Act, Ramit Mizrahi
Leave As A Reasonable Accommodation Under The Americans With Disabilities Act, Ramit Mizrahi
Labor & Employment Law Forum
No abstract provided.