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Labor and Employment Law

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1996

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Articles 121 - 125 of 125

Full-Text Articles in Law

Rethinking Civil Rights And Employment At Will: Toward A Coherent National Discharge Policy, Ann C. Mcginley Jan 1996

Rethinking Civil Rights And Employment At Will: Toward A Coherent National Discharge Policy, Ann C. Mcginley

Scholarly Works

America's employment discharge policy begs for reform. Although most states have created exceptions to the employment at will doctrine, the doctrine thrives. Title VII of the Civil Rights Act of 1964 (“Title VII”), which bans discrimination in employment based on race, gender, color, religion, and national origin, has proved ineffective in combating employment discrimination. Despite the statutory and common law exceptions to the employment at will doctrine, today's employees may have less job security than in the past. Although I applaud the Commissioners' efforts toward achieving justice in the workplace, I believe that abolishing the employment at will doctrine through …


Mandatory Arbitration Of Individual Employment Rights: The Yellow Dog Contract Of The 1990s, Katherine V.W. Stone Jan 1996

Mandatory Arbitration Of Individual Employment Rights: The Yellow Dog Contract Of The 1990s, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.


Mandatory Arbitration: Alternative Dispute Resolution Or Coercive Dispute Suppression?, Sharona Hoffman Jan 1996

Mandatory Arbitration: Alternative Dispute Resolution Or Coercive Dispute Suppression?, Sharona Hoffman

Faculty Publications

The enforceability of mandatory arbitration policies contained in employment contracts between employees and their direct employers remains an open question, even after the Supreme Court's 1991 decision in Gilmer v. Interstate Johnson Lane Corp. While Gilmer gave effect to a mandatory arbitration clause in a contract between a securities broker and his licensing exchange, the Court noted that the contract at issue was not an ordinary employment contract between employer and employee. The Court declined to decide whether arbitration agreements in ordinary employment contracts are per se enforceable under the Federal Arbitration Act or whether these provisions are exempt from …


The Business Necessity Defense In Disparate Impact Discrimination Cases, Susan Grover Jan 1996

The Business Necessity Defense In Disparate Impact Discrimination Cases, Susan Grover

Faculty Publications

No abstract provided.


How To Count To Fifteen: Determining The Jurisdictional Scope Of Title Vii: An Analysis Of Walters V. Metropolitan Educational Enterprises Inc., Barbara J. Fick Jan 1996

How To Count To Fifteen: Determining The Jurisdictional Scope Of Title Vii: An Analysis Of Walters V. Metropolitan Educational Enterprises Inc., Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Walters v. Metropolitan Educational Enterprises, Inc., 519 U.S. 202 (1997). The author expected the Court to consider how the number of employees of a particular employer should be counted for for purposes of Title VII of the Civil Rights Act of 1964.