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Mandatory Arbitration Stymies Progress Towards Justice In Employment Law: Where To, #Metoo?, Jean R. Sternlight
Mandatory Arbitration Stymies Progress Towards Justice In Employment Law: Where To, #Metoo?, Jean R. Sternlight
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Today our employment law provides workers with far more protection than once existed with respect to hiring, firing, salary, and workplace conditions. Despite these gains, continued progress towards justice is currently in jeopardy due to companies’ imposition of mandatory arbitration on their employees. By denying their employees access to court, companies are causing employment law to stultify. This impacts all employees, but particularly harms the most vulnerable and oppressed members of our society for whom legal evolution is most important. If companies can continue to use mandatory arbitration to eradicate access to court, where judges are potentially influenced by social …
Foreword: The Workplace Law Agenda Of The Obama Administration, Ruben J. Garcia
Foreword: The Workplace Law Agenda Of The Obama Administration, Ruben J. Garcia
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Professor Ruben Garcia introduces a Symposium issue of the Employee Rights and Employment Policy Journal focused on an assessment of several key aspects of the workplace law record thus far of President Barack Obama.
Guaranteeing The Rights Of Public Employees, Ann C. Mcginley, Kenneth Dau-Schmidt
Guaranteeing The Rights Of Public Employees, Ann C. Mcginley, Kenneth Dau-Schmidt
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In this Essay, Professors Ann McGinley and Kenneth G. Dau-Schmidt introduce the important issues to be examined in this Symposium Issue examining the erosion of rights guaranteed to public employees by recent state legislation.
Rethinking Civil Rights And Employment At Will: Toward A Coherent National Discharge Policy, Ann C. Mcginley
Rethinking Civil Rights And Employment At Will: Toward A Coherent National Discharge Policy, Ann C. Mcginley
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America's employment discharge policy begs for reform. Although most states have created exceptions to the employment at will doctrine, the doctrine thrives. Title VII of the Civil Rights Act of 1964 (“Title VII”), which bans discrimination in employment based on race, gender, color, religion, and national origin, has proved ineffective in combating employment discrimination. Despite the statutory and common law exceptions to the employment at will doctrine, today's employees may have less job security than in the past. Although I applaud the Commissioners' efforts toward achieving justice in the workplace, I believe that abolishing the employment at will doctrine through …