Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Law (18)
- Employment (12)
- Corporate (10)
- Thirteenth Amendment (9)
- Corporation (8)
-
- Slavery (8)
- Title VII (8)
- Labor (7)
- Affirmative Action (6)
- Economy (6)
- Employment Law (6)
- Labor and employment law (6)
- SFFA (6)
- Washington (6)
- Diversity (5)
- Governance (5)
- Involuntary Servitude (5)
- Seattle University (5)
- Seattle University Law Review (5)
- ADA (4)
- Business (4)
- Control (4)
- Corporate Law (4)
- Depression (4)
- Discrimination (4)
- Employer (4)
- Federalism (4)
- First Amendment (4)
- Great (4)
- History (4)
- Publication Year
Articles 181 - 205 of 205
Full-Text Articles in Law
The "Presence Is An Essential Function" Myth: The Ada's Trapdoor For The Chronically Ill, Audrey E. Smith
The "Presence Is An Essential Function" Myth: The Ada's Trapdoor For The Chronically Ill, Audrey E. Smith
Seattle University Law Review
In nearly all cases, long-term chronic illnesses satisfy the ADA's broad definition of disability. However, when these illnesses begin to cause absenteeism, the "presence is an essential function" rule effectively denies protection to the victims of these illnesses, as they are no longer "qualified individuals" under the ADA regardless of whether they satisfy the technical requirements for a position. The idea that "presence is an essential function" is a myth because (1) it erroneously assumes that most jobs can be performed only at the worksite, and (2) virtually all employers are able to, and do, accommodate some degree of employee …
Employer Liability Under The Third Party Provision Of The Washington Industrial Insurance Act: The Dual Capacity And Dual Persona Doctrines In Evans V. Thompson, Melissa M. Jackson
Employer Liability Under The Third Party Provision Of The Washington Industrial Insurance Act: The Dual Capacity And Dual Persona Doctrines In Evans V. Thompson, Melissa M. Jackson
Seattle University Law Review
Most workers' compensation schemes are designed to provide a swift and sure source of benefits to injured workers by placing on employers the risks and burdens of modern industry. In keeping with this policy, Washington's Industrial Insurance Act2 (IIA) requires injured workers to relinquish the right to sue at common law for damages sustained on the job, and it requires employers to accept liability for a measure of damages set out by the statute. However, if a worker's injuries are caused by the negligence of a third person who is not in the worker's same employ, the IIA's third-party provision …
From Agoraphobia To Xenophobia: Phobias And Other Anxiety Disorders Under The Americans With Disabilities Act, John M. Casey
From Agoraphobia To Xenophobia: Phobias And Other Anxiety Disorders Under The Americans With Disabilities Act, John M. Casey
Seattle University Law Review
The ADA fails to address behavior disorders in general and phobias in particular. This Comment proposes that the EEOC take two actions. First, the EEOC should pass administrative rules that settle the question of which standards to use in determining whether an individual is mentally impaired. Second, and more impor tantly, the EEOC should issue interpretive guidance that acknowledges the burdens facing persons with hidden behavioral anomalies and phobias, and gives these persons additional help under the Act. Part II of this Comment describes the ADA generally. It explains the Act's purpose and summarizes the Act's legal requirements. Part III …
A Discussion Of The Washington Industrial Safety And Health Act Of 1973 Presented As: A Preface To The University Of Puget Sound Law Review, Mark O. Brown
Seattle University Law Review
This Preface briefly describes WISHA, the problems of worker safety in Washington, and the role of Labor and Industries in working to solve those problems. In Section II, this Preface addresses the status of worker health and safety in Washington. Section III describes some unique Washington programs that are to be used to combat the problems of worker safety. Section IV describes the cooperative steps that employers and workers are taking to help solve safety problems. Section V identifies new legal standards that are coming to bear on the issue of worker safety. Section VI identifies new frontiers upon which …
The Washington Industrial Safety And Health Act: Wisha's Twentieth Anniversary, 1973-1993, Alan S. Paja
The Washington Industrial Safety And Health Act: Wisha's Twentieth Anniversary, 1973-1993, Alan S. Paja
Seattle University Law Review
Occupational safety and health did not begin in 1973 in the State of Washington. Although the historical roots of the Washington Industrial Safety and Health Act of 1973 (WISHA) run deep, the adoption of the Act significantly affected the lives of all working men and women in the state. This Article will examine that historical perspective, covering both state and federal law, and will comprehensively detail the current law relating to occupational safety and health in the State of Wasington.
Liability For Prenatal Harm In The Workplace: The Need For Reform, Steven S. Paskal
Liability For Prenatal Harm In The Workplace: The Need For Reform, Steven S. Paskal
Seattle University Law Review
This Article describes the causes of action available under current Washington law when a workplace hazard contributes to an adverse reproductive outcome such as miscarriage, birth defects, transplacental carcinogenesis, or other prenatal injury. Part II delineates the wide variety of workplace conditions that may lead to an adverse reproductive outcome, ranging from emotional stress, cigarette smoke, and fall hazards to more traditional teratogen exposures such as lead. Part III describes the types of reproductive harm that can form the basis of a lawsuit in Washington. Part IV notes the theories of liability and the potential defendants, including employers, co-employees, consultants, …
Washington's Industrial Safety Regulations: The Trend Towards Greater Protection For Workers, Stephen L. Bulzomi, John L. Messina, Jr.
Washington's Industrial Safety Regulations: The Trend Towards Greater Protection For Workers, Stephen L. Bulzomi, John L. Messina, Jr.
Seattle University Law Review
This Article argues in support of the trend towards greater protection for workers through the deterrent factor of certain civil liability for WISHA violations resulting in injury. The Article begins by charting the evolution of Washington law on this issue. It then describes the current state of the law on this subject. Finally, it explains how Stute and its progeny are in line with the state's overall trend towards greater worker protection, consistent with the legislative intent of WISHA, and beneficial to not only employees, but employers as well.
Job Site Safety In Washington: Requiring Actual Control When Imposing Statutory Duties On Job Site Owners, Gregory J. Duff
Job Site Safety In Washington: Requiring Actual Control When Imposing Statutory Duties On Job Site Owners, Gregory J. Duff
Seattle University Law Review
The subject of this Comment is whether the actual control requirement in Hennig should also be employed to find liability in cases involving asserted statutory violations. This Comment argues that Washington courts should employ the same case-by-case control analysis used to impose the common law duty to provide a safe workplace to impose similar statutory duties on a job site owner. Part II of this Comment briefly identifies the possible sources of a job site owner's duties, including common law, contract, and statute. Part III explains the current status of job site owner liability in Washington. This Part carefully distinguishes …
Garcia V. Spun Steak Co.: The Ninth Circuit Requires That Title Vii Plaintiffs Prove The Adverse Effect Of A Challenged English-Only Workplace Rule, Dan Clawson
Seattle University Law Review
Although the Spun Steak decision recognizes that English-only rules may impact Title VII in some circumstances, the court held that an employer's good-faith imposition of these rules on fully bilingual employees does not violate Title VII. Section II of this Comment presents an overview of the substantive law and the enforcement mechanisms of Title VII. Section III outlines the development of federal discrimination law regarding English-only rules. Section IV examines the Spun Steak decision, and Section V analyzes the implications of this decision and its effect on discrimination law in the Ninth Circuit.
Washington Constitution Article 1, Section 7: The Argument For Broader Protection Against Employer Drug Testing, Ken Davis
Seattle University Law Review
This Comment will analyze Article 1, Section 7 of the Washington Constitution, the search and seizure provision, and conclude that this provision should be construed to provide greater protection to employees against employer drug testing absent individualized suspicion than the Fourth Amendment does. The scope of this Comment, however, is limited to the rights of state employees with respect to suspicionless drug testing. The rights of federal employees are not included in this analysis because they are protected against suspicionless drug testing only by the Fourth Amendment, not by the analogous Washington provision. Moreover, Article 1, Section 7, like the …
Don't Throw The Price Waterhouse Baby Out With The Bath Water: Age Discrimination And The Direct Evidence/Mixed Motive Puzzle, Mary L. Beyer
Don't Throw The Price Waterhouse Baby Out With The Bath Water: Age Discrimination And The Direct Evidence/Mixed Motive Puzzle, Mary L. Beyer
Seattle University Law Review
This Comment examines why Washington should place a higher burden on employers in direct evidence and mixed motive age discrimination cases. Because Washington courts follow federal case law in interpreting state anti-discrimination legislation, Section II examines relevant federal statutes and the history of their interpretation by federal courts. Section III explores the courts' modification of the traditional federal approach found in direct evidence and mixed motive cases. Section IV discusses Washington's anti-discrimination statute and Washington's judicial interpretation of that statute. Section V demonstrates Washington's insufficient response to federal developments in direct evidence and mixed motive cases. Finally, Section VI identifies …
Osha Regulation Of Low-Exposure Carcinogens: A New Approach To Judicial Analysis Of Scientific Evidence, Victor B. Flatt
Osha Regulation Of Low-Exposure Carcinogens: A New Approach To Judicial Analysis Of Scientific Evidence, Victor B. Flatt
Seattle University Law Review
This Article will examine the legal framework governing OSHA risk regulation, the scientific studies and evidence that the judiciary currently accepts for challenging or supporting this regulation, and the effect of this standard of judicial acceptance on OSHA regulation. This Article will then compare the present state of judicial analysis of scientific evidence with alternative analyses in order to determine the most effective means of promoting a level of worker safety regulation that creates the greatest benefit to society within the legal framework established by Congress.
Baldwin V. Sisters Of Providence: Washington Gives At Will Employees A Gun With No Ammunition To Fight Against Unjust Dismissal, Michael T. Zoretic
Baldwin V. Sisters Of Providence: Washington Gives At Will Employees A Gun With No Ammunition To Fight Against Unjust Dismissal, Michael T. Zoretic
Seattle University Law Review
This Comment will explore the status of the employment at will doctrine and unjust dismissal actions following the supreme court's decision in Baldwin. First, Section I will explain the historical background of the employment at will doctrine and its steady erosion in the modern era. Next, Section II will provide an overview of the Baldwin case itself, including facts, procedural history, and general holdings. Sections III through V will explore the three major issues decided by the court in Baldwin: allocating burdens of proof in wrongful discharge suits; implied covenants of good faith and fair dealing in employment …
Enhanced Monitoring Of White Collar Employees: Should Employers Be Required To Disclose?, Jeff Kray, Pamela Robertson
Enhanced Monitoring Of White Collar Employees: Should Employers Be Required To Disclose?, Jeff Kray, Pamela Robertson
Seattle University Law Review
This Comment presents a five part legal and economic analysis of enhanced monitoring of white collar employees. Section I defines the employment contract. Section II provides an overview of the legal issues raised by enhanced monitoring of white collar employees. Section III discusses the economics of enhanced monitoring. Section IV presents an analysis of the legal and economic effects of an employer's enhanced monitoring of white collar employees. Finally, Section V describes and evaluates proposed federal legislation that would require employers to disclose the use of enhanced monitoring to employees.
At-Will Employment In Washington: A Review Of Thompson V. Sl Regis Paper Co. And Its Progeny, Richard Wall
At-Will Employment In Washington: A Review Of Thompson V. Sl Regis Paper Co. And Its Progeny, Richard Wall
Seattle University Law Review
The purpose of this Article is to examine the nature and origin of the issues now being faced by Washington courts in the area of at will employment and to argue that the well-established legal principles governing other kinds of contracts be consistently applied to at will employment contracts. This will result in a proper balance between the desire to protect at will employees from unfair termination and the need to allow employers the freedom to make decisions in the hiring and termination of at will employees without undue interference. This Article will first review the historical development of the …
The Legal Rights Of Nonsmokers In The Workplace, Raymond L. Paolella
The Legal Rights Of Nonsmokers In The Workplace, Raymond L. Paolella
Seattle University Law Review
This Article examines the legal rights of nonsmokers based upon the common law right to a safe workplace, federal and state laws protecting handicapped persons, other tort theories, various federal and state statutory provisions, administrative regulations, and local ordinances. Although strong emphasis is placed on the legal rights of nonsmokers in the workplace, the rights of nonsmokers in public places will also be discussed. The main focus is on Washington law; however, the common law and federal law theories discussed in this Article should be viable in many other jurisdictions throughout the United States.
Should Representation Elections Be Governed By Principles Or Expediency?, Mary Ellen Krug, Michele Gammer
Should Representation Elections Be Governed By Principles Or Expediency?, Mary Ellen Krug, Michele Gammer
Seattle University Law Review
Should the National Labor Relations Board' set aside representation elections because one or more parties has tried to influence the voting with misrepresentation of facts or law? Although the Board is responsible for ensuring fair elections, in Midland National Life Insurance Co. it embraced a rule inconsistent with this statutory responsibility, rejecting the Hollywood Ceramics Co. rule and narrowly limiting Board review of campaign misrepresentations. This Article examines the Midland standard in light of the Board's statutory duty to protect the right of employees to a free and fair choice of collective bargaining representatives. The Article reviews the historical development …
An Observation About Comparable Worth, George Schatzki
An Observation About Comparable Worth, George Schatzki
Seattle University Law Review
The ultimate legal question is: Does Title VII incorporate the comparable worth doctrine? The courts are saying, "No." Their reasoning is, at best, unpersuasive. Indeed, often their reasoning is nothing more than mere conclusion. Given what I have described briefly as the legal arguments pro and con, one can easily understand that so long as Griggs remains a part of the Title VII scene, there is a rational but not compelling argument to incorporate comparable worth into the Act. How, then, does a court decide? The following discussion is offered not as an example of desirable or undesirable judicial analysis. …
Glass V. Stahl Specialty Company: Reconciling Third Party's Contribution Rights With Employer's Immunity Under Workers' Compensation, Karin Nyrop
Seattle University Law Review
This note argues that the correct resolution of the tension between the employer’s immunity and the third party’s right of contribution requires balancing the interests of all parties. The employer has an interest in retaining the workers’ compensation law’s exclusive no-fault recovery system; the third party tortfeasor seeks to avoid shouldering the entire liability of another at-fault tortfeasor capable of contribution. At the same time, the employee has a right to full and speedy compensation, and the state has an interest in maintaining the financial stability of its accident fund. This note explores the policies and legal arguments supporting the …
Sex Stereotyping And Statistics—Equality In An Insurance Context, Cheryl Bleakney
Sex Stereotyping And Statistics—Equality In An Insurance Context, Cheryl Bleakney
Seattle University Law Review
This Comment first outlines a few basic insurance concepts and distinguishes employer-provided plans from individually purchased policies. It then examines discrimination criteria and City of Los Angeles, Department of Water and Power v. Manhart's application of Title VII and applies those principles to Supreme Court cases. The Comment also suggests that FIPA be revised to extend its gender-neutral requirements only to employer provided group plans.
A Reexamination Of The Role Of Employer Motive Under Sections 8(A)(1) And 8(A)(3) Of The National Labor Relations Act, Paul N. Cox
A Reexamination Of The Role Of Employer Motive Under Sections 8(A)(1) And 8(A)(3) Of The National Labor Relations Act, Paul N. Cox
Seattle University Law Review
The question of the role of employer motive in analysis of the unfair labor practices defined by Sections 8(a)(1) and (3) of the National Labor Relations Act has troubled the National Labor Relations Board and the courts from time of the enactment of that legislation. Despite repeated efforts by the Supreme Court to authoritatively define that role and repeated efforts by academics to advise the Court in the task, motive's function remains confused—the subject of diverse viewpoints compromised in the cases by an analysis which submerges fundamental isssues in the language of procedural burdens of proof. The Board, which had …
Defining Religious Discrimination In Employment: Has Reasonable Accommodation Survived Hardison?, Randall J. Borkowski
Defining Religious Discrimination In Employment: Has Reasonable Accommodation Survived Hardison?, Randall J. Borkowski
Seattle University Law Review
Because the primary purpose of the Civil Rights Act of 1964 was the elimination of racial discrimination, not surprisingly the Act's legislative history left unclear the congressional intent of also including religion as an illegal ground for employment discrimination under Title VII. After 1964, the Equal Employment Opportunity Commission (EEOC)' and the courts struggled to interpret Title VII's prohibition of religious discrimination. In 1972, Congress amended Title VII to explicitly protect religious conduct, as well as beliefs, provided the employer might "reasonably accommodate" the conduct without "undue hardship" to his business.' In Trans World Airlines, Inc. v. Hardison, however, …
Holland V. Boeing Co.--Extending Protection Against Employment Discrimination To Transfers Of Handicapped Employees, Joanne Whitehead
Holland V. Boeing Co.--Extending Protection Against Employment Discrimination To Transfers Of Handicapped Employees, Joanne Whitehead
Seattle University Law Review
In Holland v. Boeing Co., the Washington Supreme Court considered for the first time a handicap discrimination case under the unfair employment practices section of the Washington Law Against Discrimination. In construing the statute, the Holland court emphasized that the handicapped are inherently different from other classes antidiscrimination legislation traditionally protects. The court then imposed upon the defendant-employer a high duty of accommodating the disabilities of handicapped employees. Thus, the decision provides important recognition of disabled workers' civil rights.
Unemployment Insurance: The Washington Supreme Court And The Labor Dispute Disqualification, Steven Soha
Unemployment Insurance: The Washington Supreme Court And The Labor Dispute Disqualification, Steven Soha
Seattle University Law Review
This comment discusses a disqualification common to all state statutes' disqualifying from benefits workers unemployed because of a labor dispute, and focuses upon the Washington Supreme Court's interpretation of the labor dispute disqualification in the Washington Unemployment Compensation Act. After discussing the court's approach to the disqualification in the context of Washington case law, the comment examines various policy considerations underlying the labor dispute disqualification and contrasts the Washington court's interpretation with the interpretation other state courts have accorded similar labor dispute disqualification statutes. Finally, the comment concludes that the Washington court's singularly narrow interpretation of the labor dispute disqualification …
Age Discrimination In Employment: The 1978 Adea Amendments And The Social Impact Of Aging, Thomas J. Reed
Age Discrimination In Employment: The 1978 Adea Amendments And The Social Impact Of Aging, Thomas J. Reed
Seattle University Law Review
This article will explore the sociology behind the original Age Discrimination in Employment Act (ADEA), the structure of the 1967 ADEA, its weaknesses and strengths during its ten-year life, and the effectiveness of the 1978 amendments in dealing with the problems inherent in the original Act.