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Employer Sexual Harassment Liability Under Agency Principles:A Second Look At Meritor Savingsbank, Fsb V. Vinson, Michael J. Phillips
Employer Sexual Harassment Liability Under Agency Principles:A Second Look At Meritor Savingsbank, Fsb V. Vinson, Michael J. Phillips
Vanderbilt Law Review
With its 1986 decision in Meritor Savings Bank, FSB v. Vinson,the United States Supreme Court put its imprimatur on the Title VII sexual harassment cause of action that had emerged over the preceding decade. Early commentary on the case tended to emphasize this aspect of the Court's decision or to speculate about Meritor's impact on the future course of Title VII sexual harassment litigation. Getting relatively short shrift in this early commentary, however, was the Court's command that "agency principles" --the common law of agency-- be consulted to determine an employer's liability for harassment committed by its employees.' As subsequent …
Exploring A Second Level Of Parity: Suggestions For Developing An Analytical Framework For Forum Selection In Employment Discrimination Litigation, Susan E. Powley
Exploring A Second Level Of Parity: Suggestions For Developing An Analytical Framework For Forum Selection In Employment Discrimination Litigation, Susan E. Powley
Vanderbilt Law Review
In April 1990 in Yellow Freight System, Inc. v. Donnelly, the United States Supreme Court resolved a split among the circuit courts and held that state and federal courts have concurrent jurisdiction over Title VII claims." This decision strengthens a presumption that state courts, as a whole, can be equal to their federal counterparts in adjudicating federal employment discrimination claims. It also further complicates the process of forum selection for employment discrimination litigants. Because plaintiffs now may present Title VII claims in state court, the doctrine of res judicata will bar any subsequent presentation of Title VII claims in federal …
Reversing The Presumption Of Employment At Will, Peter S. Partee
Reversing The Presumption Of Employment At Will, Peter S. Partee
Vanderbilt Law Review
The doctrine of employment at will has been a fixture of American common law for approximately a century. In its pristine form, the doctrine is a rule of construction, establishing a rebuttable presumption that the terms of an employment agreement permit either the employer or the employee to terminate the relationship at any time and for any reason.' Unless the employee rebuts the at-will presumption by adducing evidence of an explicit agreement to the contrary, an employer may fire the employee for good cause, no cause, or bad cause without incurring any legal liability.' Experts have estimated that up to …
The Impact Of Nonmarket Work On Market Wages, Joni Hersch
The Impact Of Nonmarket Work On Market Wages, Joni Hersch
Vanderbilt Law School Faculty Publications
The purpose of this paper is to examine the direct effect on market productivity of the dual responsibilities of market and nonmarket work.
Male-Female Differences In Hourly Wages: The Role Of Human Capital, Working Conditions, And Housework, Joni Hersch
Male-Female Differences In Hourly Wages: The Role Of Human Capital, Working Conditions, And Housework, Joni Hersch
Vanderbilt Law School Faculty Publications
This study uses a new data set from a 1986 survey of workers to examine simultaneously the wage effects of human capital, household responsibilities, working conditions, and on-the-job training. The analysis suggests that household responsibilities had a negative effect on women's earnings, but the unexplained difference between the earnings of men and women is not greatly reduced by inclusion in the explanatory model of information on either housework or working conditions. The presence of children appears to have had a positive effect on the wages of both men and women.