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Full-Text Articles in Law
Common Sense About Common Claims, David G. Karro
Common Sense About Common Claims, David G. Karro
Hofstra Labor & Employment Law Journal
No abstract provided.
Correcting Culture: Extraterritoriality And U.S. Employment Discrimination Law, Kathy Roberts
Correcting Culture: Extraterritoriality And U.S. Employment Discrimination Law, Kathy Roberts
Hofstra Labor & Employment Law Journal
No abstract provided.
The Argument For Making American Judicial Remedies Under Title Vii Available To Foreign Nationals Employed By U.S. Companies On Foreign Soil, Olivia P. Dirig, Mahra Sarafsky
The Argument For Making American Judicial Remedies Under Title Vii Available To Foreign Nationals Employed By U.S. Companies On Foreign Soil, Olivia P. Dirig, Mahra Sarafsky
Hofstra Labor & Employment Law Journal
No abstract provided.
The Argument For A Hybrid Retaliation Law: A Comparative Law Study To Define Retaliation Under Title Vii By Comparing The United Kingdom, Including The European Union, Australia, And Canada, Dana K. Scalere, Corinne D. Sorisi
The Argument For A Hybrid Retaliation Law: A Comparative Law Study To Define Retaliation Under Title Vii By Comparing The United Kingdom, Including The European Union, Australia, And Canada, Dana K. Scalere, Corinne D. Sorisi
Hofstra Labor & Employment Law Journal
No abstract provided.
Affirmative Action In The Workplace: Forty Years Later, Richard N. Appel, Alison L. Gray, Nilufer Loy
Affirmative Action In The Workplace: Forty Years Later, Richard N. Appel, Alison L. Gray, Nilufer Loy
Hofstra Labor & Employment Law Journal
The authors, in order to sift through the increasingly muddy waters of affirmative action, provide an overview of the development of permissible preferential treatment based on race, national origin, or gender in the forty years since Title VII was enacted. The article discusses the state of the law for affirmative action plans adopted by government contractors as well as those that are judicially imposed. The focus of the piece is on the voluntary race, national origin and gender-conscious plans in the private sector. The authors conclude that although in the forty years since Title VII was enacted the validity of …
The Limits Of Multiple Rights And Remedies: A Call For Revisiting The Law Of The Workplace, Ann C. Hodges
The Limits Of Multiple Rights And Remedies: A Call For Revisiting The Law Of The Workplace, Ann C. Hodges
Hofstra Labor & Employment Law Journal
Professor Hodges discusses the 2004 decision of the National Labor Relations Board in IBM Corp., and how this decision illustrates two major problems with current workplace regulation. First, there are two distinct but overlapping systems - the individual and the collective - which often collide. The result is, at best, an imperfect realization of rights under both systems, and perhaps more often, the sacrifice of rights under one to right under the other. Second, the multitude of forums available for litigation results in multiple claims arising out of the same action, as well as tribunals deciding issues outside their expertise. …
Why The Eeoc (Still) Matters, Anne Noel Occhialino, Daniel Vail
Why The Eeoc (Still) Matters, Anne Noel Occhialino, Daniel Vail
Hofstra Labor & Employment Law Journal
Co-authored by two attorneys in the Office of General Counsel at the Equal Employment Opportunity Commission, this article first traces the history of the EEOC, which shares the same birthday as Title VII, with a focus on the Commission's charge processing, investigation, conciliation and litigation practices against private employers. Next, the article describes the Commission's current charge-processing system and litigation practice. Finally, the authors explore the question of whether the EEOC still matters forty years after Title VII's enactment.
Summary Judgment Benchmarks For Settling Employment Discrimination Lawsuits, Vivian Berger, Michael O. Finkelstein, Kenneth Cheung
Summary Judgment Benchmarks For Settling Employment Discrimination Lawsuits, Vivian Berger, Michael O. Finkelstein, Kenneth Cheung
Hofstra Labor & Employment Law Journal
No abstract provided.
Employment Discrimination And The First Amendment: Case Analysis Of Catholic Charities, Kristen Colletta, Darya Kapulina
Employment Discrimination And The First Amendment: Case Analysis Of Catholic Charities, Kristen Colletta, Darya Kapulina
Hofstra Labor & Employment Law Journal
No abstract provided.
Title Vii At Forty: A Brief Look At The Birth, Death, And Resurrection Of The Disparate Impact Theory Of Discrimination, Robert Belton
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.
Drawing The Line After Hoffman Plastic Compounds, Inc. V. Nlrb: Strategies For Protecting Undocumented Workers In The Title Vii Context And Beyond, Christopher Ho, Jennifer C. Chang
Drawing The Line After Hoffman Plastic Compounds, Inc. V. Nlrb: Strategies For Protecting Undocumented Workers In The Title Vii Context And Beyond, Christopher Ho, Jennifer C. Chang
Hofstra Labor & Employment Law Journal
This article examines two ways in which the Supreme Court's 2002 opinion in Hoffman Plastic Compounds, Inc. v. National Labor Relations Board should be construed narrowly. First, Hoffman's analysis - grounded in the specific purposes of the NLRA and the limited competence of the NLRB to referee apparent conflicts with other laws - cannot be fungibly imported into other statutory schemes. Second, Hoffman does not give license to defense counsel to utilize intrusive and threatening discovery tactics as a means of coercing withdrawals of claims or dismissals of plaintiffs, inasmuch as it does not address how, or even whether, discovery …
Are We There Yet? Forty Years After The Passage Of The Civil Rights Act: Revolution In The Workforce And The Unfulfilled Promises That Remain, Thomas H. Barnard, Adrienne L. Rapp
Are We There Yet? Forty Years After The Passage Of The Civil Rights Act: Revolution In The Workforce And The Unfulfilled Promises That Remain, Thomas H. Barnard, Adrienne L. Rapp
Hofstra Labor & Employment Law Journal
This Article provides an overview of the evolutionary developments in employment law, placed in the context of Title VII jurisprudence, with an eye toward whether we have achieved the lofty goals embodied in that legislation. Statistics covering discrimination incidents and charges filed with the EEOC are examined to trace the impact that anti-discrimination efforts have had on employment opportunities in this country. Through anecdotal evidence of the employment discrimination faced by Americans in each decade, this piece assesses the legal and social changes promised by the Act. The changes resulting from the enforcement of Title VII prohibitions are examined by …
Something Every Lawyer Needs To Know: The Employer-Employee Distinction In The Modern Law Firm, Catherine Lovly, Matthew J. Mehnert
Something Every Lawyer Needs To Know: The Employer-Employee Distinction In The Modern Law Firm, Catherine Lovly, Matthew J. Mehnert
Hofstra Labor & Employment Law Journal
No abstract provided.
Liberty, Diversity, Academic Freedom, And Survival: Preferential Hiring Among Religiously-Affliated Institutions Of Higher Education, Jamie Darin Prenkert
Liberty, Diversity, Academic Freedom, And Survival: Preferential Hiring Among Religiously-Affliated Institutions Of Higher Education, Jamie Darin Prenkert
Hofstra Labor & Employment Law Journal
This article discusses the exemptions given to religious educational institutions from the usual Title VII protections afforded employees. The author supports the use of such exemptions when they promote diversity and protecting the fundamental foundation of the institution itself, but warns that there is a point where the exemptions must not be used even when they are within the power of the institution to invoke. Such inappropriate instances include promoting faculty or granting tenure to faculty members who are not of the religious persuasion of the institution, or hiring the best and brightest faculty over the professor who simply agrees …
Policy Implication Of Rules Governing Harassment And Discrimination Complaints In Private And Federal Employment, Francis Achampong
Policy Implication Of Rules Governing Harassment And Discrimination Complaints In Private And Federal Employment, Francis Achampong
Hofstra Labor & Employment Law Journal
No abstract provided.
Transforming Workplace Culture Through Mediation: Lessons Learned From Swimming Upstream, Cynthia J. Hallberlin
Transforming Workplace Culture Through Mediation: Lessons Learned From Swimming Upstream, Cynthia J. Hallberlin
Hofstra Labor & Employment Law Journal
No abstract provided.
Do As We Say Or Do As We Do?: How The Supreme Court Law Clerk Controversy Reveals A Lack Of Accountability At The High Court, Robert M. Agostisi, Brian P. Corrigan
Do As We Say Or Do As We Do?: How The Supreme Court Law Clerk Controversy Reveals A Lack Of Accountability At The High Court, Robert M. Agostisi, Brian P. Corrigan
Hofstra Labor & Employment Law Journal
No abstract provided.
The Use (Or Abuse) Of Expert Witnesses In Post-Daubert Employment Litigation, Bruce D. Black
The Use (Or Abuse) Of Expert Witnesses In Post-Daubert Employment Litigation, Bruce D. Black
Hofstra Labor & Employment Law Journal
No abstract provided.
Putting Gilmer Where It Belongs: The Faa's Labor Exemption, David E. Feller
Putting Gilmer Where It Belongs: The Faa's Labor Exemption, David E. Feller
Hofstra Labor & Employment Law Journal
Relying on the Federal Arbitration Act, the Supreme Court in Gilmer v. Interstate/Johnson-Lane Corp. enforced an agreement to arbitrate all disputes to prevent judicial adjudication of a claim under the Americans With Disabilities Act. That decision has led employers of millions of workers to require an agreement to arbitrate future claims of violations of all statutes protecting employment rights as a condition of getting or keeping a job. This article argues that the exemption in Section 1 of the Act of "contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce" …
"Membership" Obligations Under Nlra Section 8(A)(3): A Proposal For Statutory Change, Ronald Turner
"Membership" Obligations Under Nlra Section 8(A)(3): A Proposal For Statutory Change, Ronald Turner
Hofstra Labor & Employment Law Journal
No abstract provided.
Evolution In The Civil Rights Revolution: The Survival Of Employment Discrimination Claims For Pain And Suffering, Michael D. Moberly
Evolution In The Civil Rights Revolution: The Survival Of Employment Discrimination Claims For Pain And Suffering, Michael D. Moberly
Hofstra Labor & Employment Law Journal
No abstract provided.
Compulsory Arbitration Of Statutory Discrimination Claims Under A Collective Bargaining Agreement: The Odd Case Of Caesar Wright, David E. Feller
Compulsory Arbitration Of Statutory Discrimination Claims Under A Collective Bargaining Agreement: The Odd Case Of Caesar Wright, David E. Feller
Hofstra Labor & Employment Law Journal
No abstract provided.
Arbitration Of Employment Discrimination Claims Under Pre-Dispute Agreements: Will Gilmer Survive?, Michael Delikat, Rene Kathawala
Arbitration Of Employment Discrimination Claims Under Pre-Dispute Agreements: Will Gilmer Survive?, Michael Delikat, Rene Kathawala
Hofstra Labor & Employment Law Journal
No abstract provided.
Arbitration Of Employment Discrimination Claims: Doctrine And Policy In The Wake Of Gilmer, Joseph R. Grodin
Arbitration Of Employment Discrimination Claims: Doctrine And Policy In The Wake Of Gilmer, Joseph R. Grodin
Hofstra Labor & Employment Law Journal
No abstract provided.
Does Title Vii Contemplate Personal Liability For Employee/Agent Defendants?, Janice R. Franke
Does Title Vii Contemplate Personal Liability For Employee/Agent Defendants?, Janice R. Franke
Hofstra Labor & Employment Law Journal
No abstract provided.
Legal And Practical Implications Of Adr And Arbitration In Employment Disputes, Evan J. Spelfogel
Legal And Practical Implications Of Adr And Arbitration In Employment Disputes, Evan J. Spelfogel
Hofstra Labor & Employment Law Journal
No abstract provided.
The Civil Rights Act Of 1991: An Examination Of The Storm Preceding The Compromise Of America's Civil Rights, Caryn Leslie Lilling
The Civil Rights Act Of 1991: An Examination Of The Storm Preceding The Compromise Of America's Civil Rights, Caryn Leslie Lilling
Hofstra Labor & Employment Law Journal
No abstract provided.
The Extraterritorial Force Of Title Vii: Regulating The Conduct Of American Employers Overseas, Sean M. Bunting
The Extraterritorial Force Of Title Vii: Regulating The Conduct Of American Employers Overseas, Sean M. Bunting
Hofstra Labor & Employment Law Journal
No abstract provided.
Inherently Discriminatory Conduct Revisited: Do We Know It When We See It?, Barbara J. Fick
Inherently Discriminatory Conduct Revisited: Do We Know It When We See It?, Barbara J. Fick
Hofstra Labor & Employment Law Journal
No abstract provided.
The Prohibition Of Religious Observances In The Workplace, Dean B. Ziegel
The Prohibition Of Religious Observances In The Workplace, Dean B. Ziegel
Hofstra Labor & Employment Law Journal
No abstract provided.