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Full-Text Articles in Law

A Business Alternative: Changing Employers' Perception Of The Eeoc Mediation Program, Mark Lim Sep 2017

A Business Alternative: Changing Employers' Perception Of The Eeoc Mediation Program, Mark Lim

Pepperdine Dispute Resolution Law Journal

This paper will reveal employers' perception of the EEOC Mediation Program and offer viable changes that may encourage more employer participation in the mediation program. Although the mediation program is supposed to be fair and neutral, the possibility of favoritism, bias, prejudice, or the perception thereof remains high because of the mediation program's structure. If the EEOC were to make changes to its program that also creates a perception of impartiality, then employers would be more willing to participate. To demonstrate this, Part II of this article will begin by discussing the history of the EEOC from its initiating mandate …


Book Review - Schlei And Grossman: Employment Discrimination Law, R. Wayne Estes May 2013

Book Review - Schlei And Grossman: Employment Discrimination Law, R. Wayne Estes

Pepperdine Law Review

No abstract provided.


Paternalistic Discrimination: The Chevron Deference Misplaced In Chevron U.S.A., Inc. V. Echazabal, Tricia M. Patterson Apr 2013

Paternalistic Discrimination: The Chevron Deference Misplaced In Chevron U.S.A., Inc. V. Echazabal, Tricia M. Patterson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


An Overview Of Whistleblower Protection Claims At The United States Department Of Labor, William Dorsey Apr 2013

An Overview Of Whistleblower Protection Claims At The United States Department Of Labor, William Dorsey

Journal of the National Association of Administrative Law Judiciary

This article gives an overview of whistleblower protection adjudications at the U.S. Department of Labor's Office of Administrative Law Judges. Section I introduces the whistleblower protection statutes that give rise to the complaints adjudicated by the Secretary of Labor. Section II reviews earlier statutes that have protected employees from job retaliation and identifies several whistleblower statutes the Secretary of Labor does not administer, but refers to for guidance in interpreting and applying her employee protection programs; these statutes may permit judicial remedies. Section III familiarizes the reader with key concepts in whistleblower protection litigation. Among these are the need to …


Equal Employment Opportunity Commission V. Wyoming: Appomattox Courthouse Revisited , Richard M. Stephens Feb 2013

Equal Employment Opportunity Commission V. Wyoming: Appomattox Courthouse Revisited , Richard M. Stephens

Pepperdine Law Review

A highly divided Court again addressed the relatively new doctrine in constitutional law: state exemption from federal regulations due to the concept of federalism. Although the Court applied the tests from National League of Cities v. Usury and its progeny, the Court reached a different result which, without expressly overruling that controversial case, severely limited National League of Cities to its facts. The hope of modern states' rights advocates proved to be short lived.


Expanding The Hostile Environment Theory To Cover Age Discrimination: How Far Is Too Far?, Julie Vigil Oct 2012

Expanding The Hostile Environment Theory To Cover Age Discrimination: How Far Is Too Far?, Julie Vigil

Pepperdine Law Review

No abstract provided.


Employment Discrimination Claims Remain Valid Despite After-Acquired Evidence Of Employee Wrongdoing, Christine Neylon O'Brien Oct 2012

Employment Discrimination Claims Remain Valid Despite After-Acquired Evidence Of Employee Wrongdoing, Christine Neylon O'Brien

Pepperdine Law Review

This article explores the legal practice area of employment discrimination and adverse decisions based on after-acquired evidence. A division among the circuits courts arose concerning the impact of after-acquired evidence of employee wrongdoing upon an employer's liability for employment discrimination. When pre-trial discovery unveiled a separate nondiscriminatory reason for termination, numerous circuits allowed such previously unknown information to constitute a legitimate basis for the employment decision, following the model of a mixed-motive discharge. A trend developed however, among other circuits that after-acquired evidence of employee misconduct should not prevent the establishment of employer liability, but that it should be considered …


Admission Possible: Reconsidering The Impact Of Eeoc Reasonable Cause Determinations In The Ninth Circuit, Michael D. Moberly Oct 2012

Admission Possible: Reconsidering The Impact Of Eeoc Reasonable Cause Determinations In The Ninth Circuit, Michael D. Moberly

Pepperdine Law Review

No abstract provided.


Paramours, Promotions, And Sexual Favoritism: Unfair, But Is There Liability?, Mitchell Poole Oct 2012

Paramours, Promotions, And Sexual Favoritism: Unfair, But Is There Liability?, Mitchell Poole

Pepperdine Law Review

No abstract provided.


Burlington Industries, Inc. V. Ellerth: “Whole-Cloth Creation” Or Manifestation Of Congressional Intent?, John Corrington Oct 2012

Burlington Industries, Inc. V. Ellerth: “Whole-Cloth Creation” Or Manifestation Of Congressional Intent?, John Corrington

Pepperdine Law Review

No abstract provided.


Compulsory Employment Arbitration And The Eeoc, Richard A. Bales Oct 2012

Compulsory Employment Arbitration And The Eeoc, Richard A. Bales

Pepperdine Law Review

No abstract provided.


I'M So Lonesome I Could Cry ... But Could I Sue?: Whether 'Interacting With Others' Is A Major Life Activity Under The Ada, Bryan P. Stephenson Apr 2012

I'M So Lonesome I Could Cry ... But Could I Sue?: Whether 'Interacting With Others' Is A Major Life Activity Under The Ada, Bryan P. Stephenson

Pepperdine Law Review

No abstract provided.


Law Firms As Defendants: Family Responsibilities Discrimination In Legal Workplaces, Joan C. Williams, Stephanie Bornstein, Diana Reddy, Betsy A. Williams Mar 2012

Law Firms As Defendants: Family Responsibilities Discrimination In Legal Workplaces, Joan C. Williams, Stephanie Bornstein, Diana Reddy, Betsy A. Williams

Pepperdine Law Review

No abstract provided.


Keeping Discrimination Theory Front And Center In The Discourse Over Work And Family Conflict, Laura T. Kessler Mar 2012

Keeping Discrimination Theory Front And Center In The Discourse Over Work And Family Conflict, Laura T. Kessler

Pepperdine Law Review

This essay is a contribution to a symposium on balancing career and family. It frames the problem of work/family conflict as a form of sex discrimination. It demonstrates that many of the constructs commonly used to illustrate an absence of employment discrimination - such as the accident, opt-out, time-lag theories - actually fit quite comfortably within various discrimination frameworks. It also contextualizes the problem of work/family conflict within the larger issue of gender bias in the workplace, demonstrating how each contributes to and works together to produce workplace inequality for women. This approach contrasts with the traditional bifurcation of gender …


The Disability History Mystery: Assessing The Employer's Reasonable Accommodation Obligation In "Record Of Disability" Cases, Michael D. Moberly Mar 2012

The Disability History Mystery: Assessing The Employer's Reasonable Accommodation Obligation In "Record Of Disability" Cases, Michael D. Moberly

Pepperdine Law Review

No abstract provided.


Ledbetter V. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007): Faithful To Title Vii Or Blind To Sex Discrimination?, Garrett M. Fahy Jan 2012

Ledbetter V. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007): Faithful To Title Vii Or Blind To Sex Discrimination?, Garrett M. Fahy

The Journal of Business, Entrepreneurship & the Law

No abstract provided.