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Labor and Employment Law

Maurice A. Deane School of Law at Hofstra University

Journal

Disparate impact (Law)

Articles 1 - 6 of 6

Full-Text Articles in Law

Credentialism And The Proliferation Of Fake Degrees: The Employer Pretends To Need A Degree; The Employee Pretends To Have One, Creola Johnson Jan 2006

Credentialism And The Proliferation Of Fake Degrees: The Employer Pretends To Need A Degree; The Employee Pretends To Have One, Creola Johnson

Hofstra Labor & Employment Law Journal

A report from the U.S. General Accounting Office recently exposed 463 federal employees with degrees from schools believed to be "diploma mills" - sham schools that sell college degrees to individuals who complete little or no academic work to earn them. This report, along with other investigative work, confirmed the claims of diploma mill operators: their "graduates" have well-paying jobs in all levels of both the public and private sectors, and employers have subsidized the purchase of fake degrees via tuition reimbursement programs. For a growing number of positions, employers prefer college students and graduates over workers with only high …


Title Vii At Forty: A Brief Look At The Birth, Death, And Resurrection Of The Disparate Impact Theory Of Discrimination, Robert Belton Jan 2005

Title Vii At Forty: A Brief Look At The Birth, Death, And Resurrection Of The Disparate Impact Theory Of Discrimination, Robert Belton

Hofstra Labor & Employment Law Journal

Professor Belton discusses the story of the campaign that led to the Supreme Court's decision in Griggs v. Duke Power Co., a story in which he played a major role. His piece identifies the genesis of the disparate impact theory, discusses its subsequent dismantling, examines its revival in the Civil Rights Act of 1991, and comments upon its impact and future.


Facially Neutral No-Rehires Rules And The Americans With Disabilities Act, Christine Neylon O'Brien Jan 2004

Facially Neutral No-Rehires Rules And The Americans With Disabilities Act, Christine Neylon O'Brien

Hofstra Labor & Employment Law Journal

This article deals with the issue of whether alcoholism should qualify as a disability under the Americans with Disabilities Act. Under this theoretical category, an employee or potential employee would have a cause of action once he shows his disability no longer interferes with his ability to perform his job. One example of a prospective plaintiff is a recovering alcoholic. The author addresses the difference between a disparate impact claim and a disparate treatment claim and asserts what employers should do to ensure they do not run afoul of the ADA.


Stepping Out Of The Courtroom And Into The Personnel Department: An Analysis Of Reasonable Accommodation And Disparate Impact In Raytheon V. Hernandez, Douglas Menikheim, Frederick R. Trelfa Jan 2004

Stepping Out Of The Courtroom And Into The Personnel Department: An Analysis Of Reasonable Accommodation And Disparate Impact In Raytheon V. Hernandez, Douglas Menikheim, Frederick R. Trelfa

Hofstra Labor & Employment Law Journal

No abstract provided.


The Disparate Impact Hostile Environment Claim: Sexual Harassment Scholarship At A Crossroads, Robert A. Kearney Jan 2003

The Disparate Impact Hostile Environment Claim: Sexual Harassment Scholarship At A Crossroads, Robert A. Kearney

Hofstra Labor & Employment Law Journal

No abstract provided.


Wards Cove Packing Co. V. Atonio: The Supreme Court's Disparate Treatment Of The Disparate Impact Doctrine, Niall A. Paul Jan 1990

Wards Cove Packing Co. V. Atonio: The Supreme Court's Disparate Treatment Of The Disparate Impact Doctrine, Niall A. Paul

Hofstra Labor & Employment Law Journal

No abstract provided.