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Full-Text Articles in Law
Title Vii At Forty: A Brief Look At The Birth, Death, And Resurrection Of The Disparate Impact Theory Of Discrimination, Robert Belton
Title Vii At Forty: A Brief Look At The Birth, Death, And Resurrection Of The Disparate Impact Theory Of Discrimination, Robert Belton
Hofstra Labor & Employment Law Journal
Professor Belton discusses the story of the campaign that led to the Supreme Court's decision in Griggs v. Duke Power Co., a story in which he played a major role. His piece identifies the genesis of the disparate impact theory, discusses its subsequent dismantling, examines its revival in the Civil Rights Act of 1991, and comments upon its impact and future.
Summary Judgment Benchmarks For Settling Employment Discrimination Lawsuits, Vivian Berger, Michael O. Finkelstein, Kenneth Cheung
Summary Judgment Benchmarks For Settling Employment Discrimination Lawsuits, Vivian Berger, Michael O. Finkelstein, Kenneth Cheung
Hofstra Labor & Employment Law Journal
No abstract provided.
Employment Discrimination And The First Amendment: Case Analysis Of Catholic Charities, Kristen Colletta, Darya Kapulina
Employment Discrimination And The First Amendment: Case Analysis Of Catholic Charities, Kristen Colletta, Darya Kapulina
Hofstra Labor & Employment Law Journal
No abstract provided.
Drawing The Line After Hoffman Plastic Compounds, Inc. V. Nlrb: Strategies For Protecting Undocumented Workers In The Title Vii Context And Beyond, Christopher Ho, Jennifer C. Chang
Drawing The Line After Hoffman Plastic Compounds, Inc. V. Nlrb: Strategies For Protecting Undocumented Workers In The Title Vii Context And Beyond, Christopher Ho, Jennifer C. Chang
Hofstra Labor & Employment Law Journal
This article examines two ways in which the Supreme Court's 2002 opinion in Hoffman Plastic Compounds, Inc. v. National Labor Relations Board should be construed narrowly. First, Hoffman's analysis - grounded in the specific purposes of the NLRA and the limited competence of the NLRB to referee apparent conflicts with other laws - cannot be fungibly imported into other statutory schemes. Second, Hoffman does not give license to defense counsel to utilize intrusive and threatening discovery tactics as a means of coercing withdrawals of claims or dismissals of plaintiffs, inasmuch as it does not address how, or even whether, discovery …
Affirmative Action In The Workplace: Forty Years Later, Richard N. Appel, Alison L. Gray, Nilufer Loy
Affirmative Action In The Workplace: Forty Years Later, Richard N. Appel, Alison L. Gray, Nilufer Loy
Hofstra Labor & Employment Law Journal
The authors, in order to sift through the increasingly muddy waters of affirmative action, provide an overview of the development of permissible preferential treatment based on race, national origin, or gender in the forty years since Title VII was enacted. The article discusses the state of the law for affirmative action plans adopted by government contractors as well as those that are judicially imposed. The focus of the piece is on the voluntary race, national origin and gender-conscious plans in the private sector. The authors conclude that although in the forty years since Title VII was enacted the validity of …
The Limits Of Multiple Rights And Remedies: A Call For Revisiting The Law Of The Workplace, Ann C. Hodges
The Limits Of Multiple Rights And Remedies: A Call For Revisiting The Law Of The Workplace, Ann C. Hodges
Hofstra Labor & Employment Law Journal
Professor Hodges discusses the 2004 decision of the National Labor Relations Board in IBM Corp., and how this decision illustrates two major problems with current workplace regulation. First, there are two distinct but overlapping systems - the individual and the collective - which often collide. The result is, at best, an imperfect realization of rights under both systems, and perhaps more often, the sacrifice of rights under one to right under the other. Second, the multitude of forums available for litigation results in multiple claims arising out of the same action, as well as tribunals deciding issues outside their expertise. …
Are We There Yet? Forty Years After The Passage Of The Civil Rights Act: Revolution In The Workforce And The Unfulfilled Promises That Remain, Thomas H. Barnard, Adrienne L. Rapp
Are We There Yet? Forty Years After The Passage Of The Civil Rights Act: Revolution In The Workforce And The Unfulfilled Promises That Remain, Thomas H. Barnard, Adrienne L. Rapp
Hofstra Labor & Employment Law Journal
This Article provides an overview of the evolutionary developments in employment law, placed in the context of Title VII jurisprudence, with an eye toward whether we have achieved the lofty goals embodied in that legislation. Statistics covering discrimination incidents and charges filed with the EEOC are examined to trace the impact that anti-discrimination efforts have had on employment opportunities in this country. Through anecdotal evidence of the employment discrimination faced by Americans in each decade, this piece assesses the legal and social changes promised by the Act. The changes resulting from the enforcement of Title VII prohibitions are examined by …
Why The Eeoc (Still) Matters, Anne Noel Occhialino, Daniel Vail
Why The Eeoc (Still) Matters, Anne Noel Occhialino, Daniel Vail
Hofstra Labor & Employment Law Journal
Co-authored by two attorneys in the Office of General Counsel at the Equal Employment Opportunity Commission, this article first traces the history of the EEOC, which shares the same birthday as Title VII, with a focus on the Commission's charge processing, investigation, conciliation and litigation practices against private employers. Next, the article describes the Commission's current charge-processing system and litigation practice. Finally, the authors explore the question of whether the EEOC still matters forty years after Title VII's enactment.
The Argument For Making American Judicial Remedies Under Title Vii Available To Foreign Nationals Employed By U.S. Companies On Foreign Soil, Olivia P. Dirig, Mahra Sarafsky
The Argument For Making American Judicial Remedies Under Title Vii Available To Foreign Nationals Employed By U.S. Companies On Foreign Soil, Olivia P. Dirig, Mahra Sarafsky
Hofstra Labor & Employment Law Journal
No abstract provided.
The Argument For A Hybrid Retaliation Law: A Comparative Law Study To Define Retaliation Under Title Vii By Comparing The United Kingdom, Including The European Union, Australia, And Canada, Dana K. Scalere, Corinne D. Sorisi
The Argument For A Hybrid Retaliation Law: A Comparative Law Study To Define Retaliation Under Title Vii By Comparing The United Kingdom, Including The European Union, Australia, And Canada, Dana K. Scalere, Corinne D. Sorisi
Hofstra Labor & Employment Law Journal
No abstract provided.