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Promoting Fairness: A Proposal For A More Reasonable Standard Of Constructive Discharge In Title Vii Denial Of Promotion Cases , Richard M. Deagazio
Promoting Fairness: A Proposal For A More Reasonable Standard Of Constructive Discharge In Title Vii Denial Of Promotion Cases , Richard M. Deagazio
Fordham Urban Law Journal
The constructive discharge rule states that if intolerable working conditions associated with the employer's discrimination force the employee to resign, then the employee will be considered to have been "constructively" discharged on the date of resignation. The employee will be treated as if he or she had been fired by the employer and therefore is eligible for remedies traditionally associated with wrongful termination, such as reinstatement and backpay past the date of "discharge." If the employee has not been constructively discharged, then under the general rule the employee will only be entitled to preresignation backpay. In examples similar to this …
Employers' Garnishment Policies - Do They Engender Racial Discrimination In Violation Of Title Vii And The Civil Rights Act Of 1866?, Amy S. Vance
Fordham Urban Law Journal
This note evaluates the hypothesis that employment policies which mandate suspension or discharge for multiple garnishments are racially discriminatory. It considers the methods of challenge such as a claim under Title VII of the Civil Rights Act of 1964, the lack of consensus between the courts and the Equal Employment Opportunity Commission (EEOC), and also emerging issues. The note finds that the legality of employment practices imposing disciplinary action against garnished employees is left uncertain. Proof of a disproportionate effect on minorities employees may be adequate, although a satisfactory showing of business necessity may be a defense against a claim …
After Albemarle: Class-Wide Recovery Of Back Pay Under Title Vii, B. Martin Druyan
After Albemarle: Class-Wide Recovery Of Back Pay Under Title Vii, B. Martin Druyan
Fordham Urban Law Journal
Title VII of the Civil Rights Act of 1964 provides administrative and judicial remedies for victims of discrimination in employment. Employers, engaged in “an industry affecting commerce” and having fifteen or more employees who work at least twenty weeks out of the year, are subject to the statutes strictures. Unions are also subject to the statute if they have fifteen or more members, operate an office or hiring hall, and represent employees. One remedy available under Title VII is an award of back pay from the date of the alleged violation. Back pay may be defined as court-awarded compensation for …