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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
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
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
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
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
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
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
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
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
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.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
"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
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
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
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
Women And Pension Reform: Economic Insecurity And Old Age, 35 J. Marshall L. Rev. 673 (2002), Lorraine Schmall
UIC Law Review
No abstract provided.