Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Labor and Employment Law

Journal

2002

Institution
Keyword
Publication

Articles 1 - 30 of 53

Full-Text Articles in Law

Safe, But Not Sound: Limiting Safe Harbor Immunity For Health And Disability Insurers And Self-Insured Employers Under The Americans With Disabilities Act, Rachel Schneller Ziegler Dec 2002

Safe, But Not Sound: Limiting Safe Harbor Immunity For Health And Disability Insurers And Self-Insured Employers Under The Americans With Disabilities Act, Rachel Schneller Ziegler

Michigan Law Review

When Congress passed the Americans with Disabilities Act ("ADA") on July 26, 1990, supporters heralded the Act as a full-scale victory for the 43 million disabled Americans. The Act's protections went far beyond those of its predecessor, the Rehabilitation Act of 1974, which only prohibited discrimination against individuals with disabilities by entities receiving federal funding. The new act was intended to prevent discrimination by private and public employers, public services, and public accommodations. In a bill signing ceremony at the White House, in front of more than two thousand advocates for the disabled, then President George Bush likened the ADA …


Labor And Employment Law, Thomas M. Winn Iii Nov 2002

Labor And Employment Law, Thomas M. Winn Iii

University of Richmond Law Review

No abstract provided.


The Case Against Employment Tester Standing Under Title Vii And 42 U.S.C. § 1981, Michael Bowling Oct 2002

The Case Against Employment Tester Standing Under Title Vii And 42 U.S.C. § 1981, Michael Bowling

Michigan Law Review

In 1964, Congress passed comprehensive legislation aimed at eradicating discrimination in employment, public accommodations, public facilities, public schools, and federal benefit programs. Title VII of this Act directed its aim specifically at stamping out prejudice in employment. Four years later, the Supreme Court resurrected the provisions of § 1 of the Civil Rights Act of 1866, which, among other things, protects citizens, regardless of race or color, in their right to "make and enforce [employment] contracts." Together, Title VII and § 1981 serve as the primary legal bases for challenging racially discriminatory actioris by private employers. More than thirty years …


Erins On The Erie: A Historical Labor Study, Ryan Patrick Hanna Sep 2002

Erins On The Erie: A Historical Labor Study, Ryan Patrick Hanna

Buffalo Human Rights Law Review

No abstract provided.


Nevada's Employee Inventions Statute: Novel, Nonobvious, And Patently Wrong, Mary Lafrance Sep 2002

Nevada's Employee Inventions Statute: Novel, Nonobvious, And Patently Wrong, Mary Lafrance

Nevada Law Journal

No abstract provided.


Twenty Years Of Labour Law And The Charter, Dianne Pothier Jul 2002

Twenty Years Of Labour Law And The Charter, Dianne Pothier

Osgoode Hall Law Journal

This article critically reviews the Charter jurisprudence of the Supreme Court of Canada relating to labour law. The rejection of the right to strike and to bargain collectively as part of freedom of association reflect substantial judicial deference to legislative policy choices. Recently, however, a constitutional right of unfair labour protection for particularly vulnerable workers shows some judicial willingness to intervene. While freedom of expression provides significant scope to union supporters, picketing and leafleting are still subject to wide restraint, the exact parameters of which remain unclear. The Charter has had only a modest effect on labour law. Even successful …


Consumer And Employment Arbitration Law In Comparative Perspective: The Importance Of The Civil Jury, Stephen J. Ware Jul 2002

Consumer And Employment Arbitration Law In Comparative Perspective: The Importance Of The Civil Jury, Stephen J. Ware

University of Miami Law Review

No abstract provided.


Failure To Accommodate, Discriminatory Intent, And The Mcdonnell Douglas Framework: Distinguishing The Analyses Of Claims Arising From Subparts (A) And (B) Of § 12112(B)(5) Of The Ada, Aaron Matthew Laing Jul 2002

Failure To Accommodate, Discriminatory Intent, And The Mcdonnell Douglas Framework: Distinguishing The Analyses Of Claims Arising From Subparts (A) And (B) Of § 12112(B)(5) Of The Ada, Aaron Matthew Laing

Washington Law Review

The Americans with Disabilities Act (ADA) creates and protects employment opportunities for disabled persons by prohibiting adverse employment actions in the form of disparate treatment and disparate impact. Additionally, subparts (A) and (B) of § 12112(b)(5) of the ADA place distinct duties on employers to accommodate disabled persons, protecting, respectively, existing and future employment opportunities. Because the ADA protects both existing and future opportunities, the duty to accommodate may be breached in two distinct manners. When a plaintiff alleges failure to accommodate, a court must determine which section of the ADA applies and select an appropriate analytical framework for the …


In Light Of Circuit City Stores, Inc. V. Adams, What Is The Fate Of Employment Law? Does An Analysis Of Consumer Law Shed Light On The Future Of Employer/Employee Relations?, Jaime Ellen Sopher Jul 2002

In Light Of Circuit City Stores, Inc. V. Adams, What Is The Fate Of Employment Law? Does An Analysis Of Consumer Law Shed Light On The Future Of Employer/Employee Relations?, Jaime Ellen Sopher

University of Miami Law Review

No abstract provided.


Labor Law, Robin Jean Davis, Louis J. Palmer Jr. Jun 2002

Labor Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover Jun 2002

After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover

University of Michigan Journal of Law Reform

In this Article, Professor Grover argues that courts too readily allow employers to avoid vicarious liability for supervisors' unlawful sexual harassment of subordinates. The Article explores the breadth of the affirmative defense first introduced in the Supreme Court's 1998 cases of Faragher v. Boca Raton and Burlington Indus., Inc. v. Ellerth. That defense clears an employer of liability for a supervisor's unlawful sexual harassment if (a) the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the …


A Coming Of Age?: Why Revised Eeoc Guidelines May Force Firms To Protect Against Partner Age Discrimination Suits, David A. Rappaport Jun 2002

A Coming Of Age?: Why Revised Eeoc Guidelines May Force Firms To Protect Against Partner Age Discrimination Suits, David A. Rappaport

Washington and Lee Law Review

No abstract provided.


Parental-Status Employment Discrimination: A Wrong In Need Of A Right?, Peggie R. Smith May 2002

Parental-Status Employment Discrimination: A Wrong In Need Of A Right?, Peggie R. Smith

University of Michigan Journal of Law Reform

This Article evaluates strategies to challenge employment discrimination based on parental status. Specifically, it examines proposals put forth by some commentators to establish parental status as a protected class. While such a suggestion is attractive, the Article argues that it ultimately offers few practical advantages and remains wedded to a limited conception of equality, requiring only that employment decisions not reflect differences based on parenthood. Consequently, such a strategy would satisfy anti-discrimination legislation so long as both men and women with parental obligations are equally ill-treated. The Article concludes that a shift in perspective from gender to parental status will …


Protecting The E-Marketplace Of Ideas By Protecting Employers: Immunity For Employers Under Section 230 Of The Communications Decency Act, Eric M.D. Zion May 2002

Protecting The E-Marketplace Of Ideas By Protecting Employers: Immunity For Employers Under Section 230 Of The Communications Decency Act, Eric M.D. Zion

Federal Communications Law Journal

While we credit employers that provide employees with free Internet access, such access comes at a price to the public because employers are one of the traditional defendents in defamation suits. Complicating matters, Congress enacted the Communications Decency Act. Its section 230 provides broad federal immunity for ISPs when defamatory material of a third party is published using their services. With the passage of section 230, Congress rendered employers immune for the same tort which they are so closely associated. Some argue that employers should not be capable of invoking the immunity because it would allow employers to defame with …


All In A Day's Work: Employers' Vicarious Liability For Sexual Harassment, Paula J. Dalley Apr 2002

All In A Day's Work: Employers' Vicarious Liability For Sexual Harassment, Paula J. Dalley

West Virginia Law Review

No abstract provided.


Balanced Hours: Effective Part-Time Policies For Washington Law Firms: The Project For Attorney Retention, Final Report, Third Edition, Joan Williams, Cynthia Thomas Calvert Apr 2002

Balanced Hours: Effective Part-Time Policies For Washington Law Firms: The Project For Attorney Retention, Final Report, Third Edition, Joan Williams, Cynthia Thomas Calvert

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Different Strokes For Different Folks: Balancing The Treatment Of Employers And Employees In Employment Discrimination Cases In Courts Within The Tenth Circuit Court Of Appeals, Ruben H. Arredondo Mar 2002

Different Strokes For Different Folks: Balancing The Treatment Of Employers And Employees In Employment Discrimination Cases In Courts Within The Tenth Circuit Court Of Appeals, Ruben H. Arredondo

Brigham Young University Journal of Public Law

No abstract provided.


When The Court Makes Law And Policy (With Special Reference To The Employment Arbitration Issue), Ronald Tucker Jan 2002

When The Court Makes Law And Policy (With Special Reference To The Employment Arbitration Issue), Ronald Tucker

Hofstra Labor & Employment Law Journal

No abstract provided.


The Discoverability Of Severance Agreements In Wrongful Discharge Litigation, Michael D. Moberly Jan 2002

The Discoverability Of Severance Agreements In Wrongful Discharge Litigation, Michael D. Moberly

Hofstra Labor & Employment Law Journal

No abstract provided.


E-Issues Take Center Stage: The 2000 Sag/Aftra Strike, Craig J. Ackermann Jan 2002

E-Issues Take Center Stage: The 2000 Sag/Aftra Strike, Craig J. Ackermann

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


America: Land Of Opportunity Or Exploitation?, Irene Zopoth Hudson, Susan Schenck Jan 2002

America: Land Of Opportunity Or Exploitation?, Irene Zopoth Hudson, Susan Schenck

Hofstra Labor & Employment Law Journal

No abstract provided.


Genetic Testing & Discrimination In Employment: Recommending A Uniform Statutory Approach, Jared A. Feldman, Richard J. Katz Jan 2002

Genetic Testing & Discrimination In Employment: Recommending A Uniform Statutory Approach, Jared A. Feldman, Richard J. Katz

Hofstra Labor & Employment Law Journal

No abstract provided.


Internet Monitoring Of Federal Judges: Striking A Balance Between Independence And Accountability, Hardeep Kaur Josan, Sapna K. Shah Jan 2002

Internet Monitoring Of Federal Judges: Striking A Balance Between Independence And Accountability, Hardeep Kaur Josan, Sapna K. Shah

Hofstra Labor & Employment Law Journal

No abstract provided.


Do Public Policy Grounds Still Exist For Vacating Arbitration Awards?, Judith Stilz Ogden Jan 2002

Do Public Policy Grounds Still Exist For Vacating Arbitration Awards?, Judith Stilz Ogden

Hofstra Labor & Employment Law Journal

No abstract provided.


The Practical Entry And Utility Of A Legal-Managerial Framework Without The Economic Analysis Of Law, James E. Holloway Jan 2002

The Practical Entry And Utility Of A Legal-Managerial Framework Without The Economic Analysis Of Law, James E. Holloway

Campbell Law Review

This article examines the practicality underlying the entry and utilization of a L-M analysis and legal information into the process of business decision-making by lawyers and managers who generally do not understand or use each others' methodology and thinking, such as business methods and legal analysis, in their professional works and practices.


"Just Like One Of The Family": Domestic Violence Paradigms And Combating On-The-Job Violence Against Household Workers In The United States, Kristi L. Graunke Jan 2002

"Just Like One Of The Family": Domestic Violence Paradigms And Combating On-The-Job Violence Against Household Workers In The United States, Kristi L. Graunke

Michigan Journal of Gender & Law

This Article argues that the immense problem of on-the-job abuse experienced by domestic workers demands a multifaceted plan of attack. The proposed responses specifically draw upon the capacities, strengths, and resources of women, particularly comparatively privileged women, as both activists and employers of domestic workers. By describing the circumstances of domestic work in the United States from the nation's inception to the present, Part I demonstrates the prevalence and intractability of on-the-job physical and sexual abuse and argues that other women, as employers of domestic workers, have historically played a complex role in participating in, condoning, or failing to acknowledge …


The Customer Is Always Right… Not! Employer Liability For Third Party Sexual Harassment, Lea B. Vaughn Jan 2002

The Customer Is Always Right… Not! Employer Liability For Third Party Sexual Harassment, Lea B. Vaughn

Michigan Journal of Gender & Law

This article will ask a series of questions. What is third party sexual harassment? Under what conditions does it occur? Does it differ in any significant respects from traditional notions of sexual harassment? Should those differences, if any, make a difference in the way that the legal system addresses third party harassment? And indeed, should the problem be addressed solely through the legal system? What might an employer do to alleviate sexual harassment of this type?


Does Ec Pregnancy And Maternity Legislation Create Equal Opportunities For Women In The Ec Labor Market? The European Court Of Justice's Interpretation Of The Ec Pregnancy Directive In Boyle And Lewen, Petra Foubert Jan 2002

Does Ec Pregnancy And Maternity Legislation Create Equal Opportunities For Women In The Ec Labor Market? The European Court Of Justice's Interpretation Of The Ec Pregnancy Directive In Boyle And Lewen, Petra Foubert

Michigan Journal of Gender & Law

This article discusses the EC's legal accommodation of pregnancy in the workplace and the interpretation thereof by the European Court of Justice. The leitmotiv is the question to what extent such accommodation enhances women's position in the labor market. The suspicion being that, in a well-intentioned attempt to fight discrimination of women, the EC institutions entrench gender discrimination. In other words, in their attempt to fight sex discrimination (by accommodating pregnancy), the EC often places women in a position that confirms the traditional perception of women as childbearers and caregivers.


Eeoc Fights To Curb Backlash Discrimination Following Terrorist Attacks, Kristen Grisius Jan 2002

Eeoc Fights To Curb Backlash Discrimination Following Terrorist Attacks, Kristen Grisius

Public Interest Law Reporter

No abstract provided.


Women And Pension Reform: Economic Insecurity And Old Age, 35 J. Marshall L. Rev. 673 (2002), Lorraine Schmall Jan 2002

Women And Pension Reform: Economic Insecurity And Old Age, 35 J. Marshall L. Rev. 673 (2002), Lorraine Schmall

UIC Law Review

No abstract provided.