Law Commons^™

The Excessive Use Of Presumptions And The Role Of Subjective Employee Intent In Effectuating The Purposes Of The National Labor Relations Act, Stuart Newman, Diane S. Shepherd

Akron Law Review

This article will first examine the origin and development of significant presumptions and second, suggest a method by which the Board could better protect the Section 7 rights of employees without risking destabilization of the collective-bargaining process.

Mandatory Retirement And Impact Discrimination Under The Age Discrimination In Employment Act: You'll Get Yours When You're 70, Maxine S. Thomas

Akron Law Review

This article will consider disparate impact analysis in the context of mandatory retirement of the pre-seventy employee under the ADEA. While disparate treatment analysis is clearly appropriate under the current legislative scheme, disparate impact analysis should also be available in age discrimination cases which consider mandatory retirement.

National Gay Task Force V. Board Of Education Of Oklahoma City, Susan Fitch

Akron Law Review

The National Gay Task Force (NGTF) looked to the courts for relief in challenging an Oklahoma statute which attempted to regulate teachers' speech. National Gay Task Force v. Board of Education of Oklahoma City marks the first time since the beginning of the gay rights movement that the United States Supreme Court has granted certiorari to a case which had homosexuality as its central issue. The result in National Gay Task Force has left both the challengers and the defenders of the Oklahoma statute claiming victory.

The NGTF claims that although the portion of the statute which prohibits teachers from …

Local Number 93, International Association Of Firefighters V. City Of Cleveland: A Consent Decree Is Not An Adjudicated Order For Purposes Of Title Vii, Paul Leslie Jackson

Akron Law Review

This note will examine the decision of the United States Supreme Court in Local 93, International Association of Firefighters v. City of Cleveland, and explore its potential implications in future Title VII actions. The issue the Supreme Court had to decide was whether a consent decree is a form of court ordered relief for purposes of Title VII litigation.

Employment At Will In Ohio: Working From Within, Brian Wilson

Akron Law Review

This comment seeks to measure the parameters of Ohio's exceptions to the at-will rule in relation to other states' views on this issue. Also included is an examination of the interplay between the legislature and the judiciary in affecting change in Ohio. A proposal designed to "solidify" the public policy exception to the at-will rule after Phung v. Waste Management, Inc., a recent Ohio Supreme Court case, will also be presented.

The New Workers' Compensatin Law In Ohio: Senate Bill 307 Was No Accident, Scott Washam

Akron Law Review

In Part I, this comment traces the evolution of workers' compensation laws in this country with particular emphasis on the development of the Act in Ohio. In Part II, the relevant caselaw is discussed, including Blankenship v. Cincinnati Milacron Chemicals, Jones v. VIP Development Company, and their progeny which led to the enactment of Senate Bill 307. In Part III, Bill 30710 is considered along with its implications for the injured worker.

Title Vii: Legal Protection Against Sexual Harassment, Arthur J. Marinelli Jr.

Akron Law Review

The purpose of this article is to examine early case law and recent court decisions involving sexual harassment, especially Meritor v. Vinson. The article will discuss employer avoidance of liability under the EEOC guidelines and will urge employers to implement steps to investigate, prohibit, and sensitize supervisors to sexual harassment.

Rocky River V. Serb: Second-Guessing The State Legislature, Timothy D. Rudy

Akron Law Review

This note discusses why Rocky River was wrongly decided as a matter of constitutional adjudication and why it is likely to be overruled, irrespective of a personnel change on the court. The note concludes that the decision, written by Chief Justice Thomas Moyer, was weak and based on questionable policy. The majority misapplied recent precedent on local government's home-rule powers, ignored another provision of the state constitution granting the state legislature unlimited authority in the field of public employee welfare, and ignored the stare decisis effect of its recent decisions which found the Act was a general law of statewide …

The Respective Burdens Of Proof In Title Vii Cases: Price Waterhouse V. Hopkins Confuses The Issue, Gregory T. Rossi

Akron Law Review

employed women, and other minorities throughout the United States. The opinion has several significant aspects. First, the case defines the respective evidentiary burdens of a plaintiff-employee and defendant-employer in a Title VIP suit, when the plaintiff-employee has shown that the defendant-employer's employment action resulted from a consideration of legitimate and illegitimate factors (i.e., "mixed motive case"). Second, the express allocation of the burdens of proof resolved a conflict among the various Courts of Appeals. Third, the Court failed to issue a majority opinion. This is significant in light of the current republican administration and its influence on what is now …

Watson And Subjective Hiring Practices: The Continuing Saga Of Industrial Psychology, Title Vii And Personnel Selection, Daniel L. Bell

Akron Law Review

This comment will analyze Watson from both a legal and industrial psychological perspective. Part one of the comment discusses the legal impact of Watson. First, the Supreme Court's analytical framework for Title VII discrimination claims is presented. Next, Watson is analyzed in the context of prior case law to consider its potential impact on employment discrimination litigation.

Part two concentrates on the role of industrial psychology in the Watson decision. First, the comment introduces industrial psychology. The association of industrial psychology, Title VII, and personnel selection is presented next. Finally, the comment presents current industrial psychological research concerning several …

Chalk V. United States District Court Central District Of California: A Major Victory For Aids Employees Under The Federal Rehabilitation Act Of 1973, Janet A. Michael

Akron Law Review

This note will first review the facts of Chalk v. United States District Court Central District of California and will present a broad overview of AIDS, outlining current medical knowledge of the disease. Second, this note will analyze the Rehabilitation Act, examining regulations, legislative history, and case law interpreting the Act. Finally, this note will analyze the impact of Chalk on future employment cases.

The Legal Chokehold: Professional Employment In Ohio Under The Employment-At-Will Doctrine, Lorraine K. Phillips

Akron Law Review

This article seeks to present the employment-at-will doctrine and the theories of its erosion. In particular, the article will examine Ohio case law from a practical perspective, with emphasis on which theories are most likely to provide successful arguments around the employment-at-will rule. In addition, the article will reveal trends and possible future proposals to deal with employment disputes

Protecting Society From Teenage Greed: A Proposal For Revising The Ages, Hours And Nature Of Child Labor In America, Andrea Giampetro-Meyer, Timothy S. Brown S.J.

Akron Law Review

The first section of this Article presents a picture of child labor throughout American history. It looks at child labor from the turn of the century to date. This section helps the reader understand the extent of changes in child labor over time. The second section presents a summary of federal and state child labor laws. This section shows that attempt to control employers who exploit children have changed only marginally. The third section of this Article explores social science data on the pros and cons of teenage employment.

This section focuses on the issue of teenage greed. First, the …

Employment At Will And Public Policy, Frank J. Cavico

Akron Law Review

The purposes of this article are to examine the current public policy case law, commentary, and related statutes, to explain and interpret in detail this significant area of employment law, and to propose a just principle to govern the discharge aspect of the employment relation.

United Auto Workers V. Johnson Controls, Inc.: One Small Step For Womankind, A. L. Cherry

Akron Law Review

In United Auto Workers v. Johnson Controls, Inc., the U.S. Supreme Court was faced with the task of deciding whether women's childbearing capacity could be used to limit women's job choices and opportunities within certain industrial/ manufacturing fields. The Court decided that the ability to bear children could be used to so limit women, but only if the employer met a high standard. In Johnson Controls, employees who worked in a toxic work environment sought a determination that their employer's fetal protection policy discriminated on the basis of sex in violation of Title VII of the Civil Rights Act …

Pre-Employment Inquiries: Drug Testing, Alcohol Screening, Physical Exams, Honesty Testing, Genetics Screening - Do They Discriminate? An Empirical Study, Donald H. Stone

Akron Law Review

Statistics serve as a reminder that many disabled people continue to face obstacles in gaining access into the employment arena. This Article will reveal how disabled persons are at greater risk when employers increase their screening and testing arsenal in the job selection area.

Beyond Crosby V. Beam: Ohio Courts Extend Protection Of Minority Stockholders Of Close Corporations, Kathleen L. Kuhlman

Akron Law Review

This Comment explores the possible ramifications of viewing working minority shareholders as term employees on both close corporation law and at-will-employment law in Ohio. Part I discusses the background and emergence of the heightened fiduciary duty owed by the majority stockholders to the minority stockholders in closely held corporations and the resultant protection of the minority. Part II discusses the current standing of the employment at-will doctrine and what protections exist for at-will employees in Ohio. Part III examines recent Ohio case law that compares close corporation employment with at-will-employment and analyzes the courts' reasoning behind creating a new exception …

Sexual Harassment In The Workplace: A Primer, Barry S. Roberts, Richard A. Mann

Akron Law Review

This Article is a primer for attorneys to use when advising their clients on how to address sexual harassment in the workplace. We will begin by describing the scope and severity of the sexual harassment problem. Then we will examine the recently strengthened federal law governing sexual harassment in the workplace. Finally, we will suggest policies and procedures for establishing and implementing a sexual harassment policy.

College Athletes Should Be Entitled To Workers' Compensation For Sports-Related Injuries: A Request To Broaden The Definition Of Employee Under Ohio Revised Code Section 4123.01, David W. Woodburn

Akron Law Review

This Comment examines the Ohio Workers' Compensation Act 25 and its applicability to scholarship-athletes. Part I discusses the failure of the NCAA and its universities to adopt an insurance program capable of providing effective coverage to scholarship-athletes. Part II provides a general overview of workers' compensation and discusses the major cases which either support or negate the applicability of workers' compensation to scholarship-athletes. Part III examines Ohio Revised Code section 4123.01 and how it can be interpreted to include scholarship-athletes within its scope, as well as discussing the public policy implications of incorporating scholarship students with this section.

Of Taxes And Duties: Taxing The System With Public Employees' Tax Obligations, Kenneth H. Ryesky

Akron Law Review

Governmental agencies, including and especially those involved in the taxation function, have compelling reasons to insist that individuals in their employ comply with the laws of the land, including the personal tax requirements. As tax law complexity increases, so does the general propensity for noncompliance. The governmental agencies are thus confronted with increasing volumes of disciplinary issues relating to employee tax obligations. This article will explore how the various types of governmental agencies deal with enforcing compliance by their employees with personal taxation obligations, and will discuss how fallout from thetax law arena affects the efficiency of government as compliance …

Five Hundred Years Of English Poor Laws, 1349-1834: Regulating The Working And Nonworking Poor, William P. Quigley

Akron Law Review

This article will review how the working and the nonworking poor were regulated by 500 years of English poor laws. It will conclude with ideas about the principles which have since evolved to regulate the working and nonworking poor.

Chandler V. Miller: Redefining "Special Needs" For Suspicionless Drug Testing Under The Fourth Amendment, Joy L. Ames

Akron Law Review

This Note will discuss the three Supreme Court cases that, up to now, have defined Fourth Amendment doctrine regarding suspicionless drug testing in the public sector: National Treasury Employees Union v. Von Raab, Skinner v. Railway Labor Executives’ Association, and Vernonia School District v. Acton. Specifically, this Note will focus on the "special needs" analysis as it was articulated in these cases, as well as how that analysis was altered in Chandler. This Note will then thoroughly analyze the Chandler decision, pointing out its strengths in eliminating some of the subjectivity of Fourth Amendment doctrine. It will also explain the …

A Square Peg Trying To Fit Into A Round Hole: The Federal Communication Commission's Equal Employment Opportunity Regulations In Lutheran Church Missouri-Synod V. Federal Communications Commission, Pamela J. Holder

Akron Law Review

The purpose of this Note is to examine the judicial review of the FCC’s quasi-judicial powers. Part II explores the FCC’s EEO regulations and the appropriate standard of review for racial classifications. Part III reviews the particular facts of this case and the holding of the court. Finally, Part IV analyzes the court’s decision as a protection of the separation of powers doctrine.

West V. Gibson: Federal Employees Win The Battle, But Ultimately Lose The War For Compensatory Damages Under Title Vii, Christina M. Royer

Akron Law Review

This Note analyzes the Supreme Court's decision in West v. Gibson against the backdrop of the new damages provisions of the Civil Rights Act of 1991 and the EEOC system for federal employees. Section II provides a brief legislative history of the 1991 CRA, outlines the EEOC complaint procedure specifically tailored to federal sector employees, and describes the cases leading up to West v. Gibson. Section III describes the Supreme Court's reasoning in Gibson, and Section IV analyzes the decision, concluding that, given the realities of congressional compromise and systemic constraints, the Supreme Court's decision actually does little to benefit …

Genaro V. Central Transport: A New Direction In Ohio Law Regarding Employment Discrimination, Karen Gaum

Akron Law Review

Part I of this Note will examine the Genaro decision in depth, focusing on the Ohio Supreme Court’s reasoning. The court looked at the language of Ohio Revised Code Chapter 4112, specifically the use of the word “agent” as support for its imposition of individual liability. In addition, Part II will also examine the the policy goals the Ohio Supreme Court has attempted to achieve. Finally, Part II will also demonstrate that the Genaro decision is a poor one, one which was not legislatively intended, one that imposes an undue burden on individuals without a corresponding increase in benefit to …

Paradise Lost? State Employees' Rights In The Wake Of "New Federalism", Christina M. Royer

Akron Law Review

This Comment analyzes the resurgence of sovereign immunity under the Eleventh Amendment – what could be construed as a sort of “new federalism” – specifically in the context of federal employment statutes and state employees’ rights there under. The analysis focuses on the Fair Labor Standards Act (hereinafter FLSA), the Age Discrimination in Employment Act (hereinafter ADEA), and the Family and Medical Leave Act (hereinafter FMLA), because these statutes appear to be among those that are the most threatened by the Supreme Court’s recent actions. This Comment concludes that, because the scales are now tipped in favor of states' rights …

Covenants Not To Compete, John Dwight Ingram

Akron Law Review

This article will discuss the enforceability of covenants not to compete when they are used in commercial business settings. There will be no discussion of the forms of relief available if a court determines that a covenant is enforceable. Also omitted from this article are noncompetition agreements which accompany the sale of a business or dissolution of a partnership. Finally, a discussion concerning covenants not to compete between professionals (attorneys, physicians, etc.) will not be a part of this current article.

In most states today, courts will enforce a covenant not to compete if the covenant is found to be …

Relevance Is Irrelevant: A Plain Meaning Approach To Title Vii Retaliation Claims, Eric Ledger

Akron Law Review

This article is a case note on the Sixth Circuit’s decision in Niswander. The position of this note is that for the purpose of establishing a retaliation claim under Title VII, 42 U.S.C.A. § 2000e3(a), courts should consider the good-faith production of confidential documents in response to a formal request for discovery as participation activity, not opposition activity. Whether the produced documents are relevant to a formal discovery request should not factor into the participation analysis. The determining question should be whether the employee acted in good faith.

This note will first describe the factual background of the Niswander …

Beyond Incentives: Expanding The Theoretical Framework For Patent Law Analysis, Ofer Tur-Sinai

Akron Law Review

This Article challenges this one-dimensional approach and calls for a more frequent use of non-utilitarian considerations in discussions of the patent system. To be sure, this Article does not call for the complete abolition of economic analysis of patent law, which, despite its shortcomings, remains the most important tool in the evaluation of legal rules in this arena, where the vast majority of the players are motivated primarily by economic considerations. However, it does call for a broader use of non-economic considerations, particularly those embedded in the labor theory and the personality theory, alongside the economic analysis. As will be …