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Articles 1 - 16 of 16
Full-Text Articles in Law
Expanding The Hostile Environment Theory To Cover Age Discrimination: How Far Is Too Far?, Julie Vigil
Expanding The Hostile Environment Theory To Cover Age Discrimination: How Far Is Too Far?, Julie Vigil
Pepperdine Law Review
No abstract provided.
Employment Discrimination Claims Remain Valid Despite After-Acquired Evidence Of Employee Wrongdoing, Christine Neylon O'Brien
Employment Discrimination Claims Remain Valid Despite After-Acquired Evidence Of Employee Wrongdoing, Christine Neylon O'Brien
Pepperdine Law Review
This article explores the legal practice area of employment discrimination and adverse decisions based on after-acquired evidence. A division among the circuits courts arose concerning the impact of after-acquired evidence of employee wrongdoing upon an employer's liability for employment discrimination. When pre-trial discovery unveiled a separate nondiscriminatory reason for termination, numerous circuits allowed such previously unknown information to constitute a legitimate basis for the employment decision, following the model of a mixed-motive discharge. A trend developed however, among other circuits that after-acquired evidence of employee misconduct should not prevent the establishment of employer liability, but that it should be considered …
Admission Possible: Reconsidering The Impact Of Eeoc Reasonable Cause Determinations In The Ninth Circuit, Michael D. Moberly
Admission Possible: Reconsidering The Impact Of Eeoc Reasonable Cause Determinations In The Ninth Circuit, Michael D. Moberly
Pepperdine Law Review
No abstract provided.
The Uses And Misuses Of Statistical Proof In Age Discrimination Claims, Tom Tinkham
The Uses And Misuses Of Statistical Proof In Age Discrimination Claims, Tom Tinkham
Hofstra Labor & Employment Law Journal
When it comes to statistics, age discrimination is different than other forms of discrimination. In most discrimination cases we can take the protected population and make appropriate adjustments for necessary characteristics like education and compare the results to the other employee groups. With age discrimination this method does not work. It doesn’t work because the normal patterns of aging and promotion or wage increase distort the statistical result. Employees typically are promoted more quickly and receive the highest percentage wage increases in early years. However, they generally retain those benefits for life. Employees reach a high point in their careers …
Forty-Three And Counting: Eeoc's Challenges And Successes And Emerging Trends In The Employment Arena, Naomi C. Earp
Forty-Three And Counting: Eeoc's Challenges And Successes And Emerging Trends In The Employment Arena, Naomi C. Earp
Hofstra Labor & Employment Law Journal
No abstract provided.
Employers Who Cry 'Rif' And The Courts That Believe Them, Daniel B. Kohrman, Mark Stewart Hayes
Employers Who Cry 'Rif' And The Courts That Believe Them, Daniel B. Kohrman, Mark Stewart Hayes
Hofstra Labor & Employment Law Journal
No abstract provided.
Bailey V. Norfolk & Western Railway Co.: Creating A Collateral Victim Doctrine Under The West Virginia Human Rights Act, Brad C. Friend
Bailey V. Norfolk & Western Railway Co.: Creating A Collateral Victim Doctrine Under The West Virginia Human Rights Act, Brad C. Friend
West Virginia Law Review
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 "Substantially Younger" Requirement In O'Conner V. Consolidated Coin Caterers Corp.: Will Adea Plaintiffs Lose Again?, Kurt Schaub
Hofstra Labor & Employment Law Journal
No abstract provided.
Statutory Discrimination Claims: Rights "Waived" And Lost In The Arbitration Forum, Reginald Alleyne
Statutory Discrimination Claims: Rights "Waived" And Lost In The Arbitration Forum, Reginald Alleyne
Hofstra Labor & Employment Law Journal
No abstract provided.
West Virginia University V. Decker: The Future Of Age Discrimination In West Virginia, Sophie E. Zdatny
West Virginia University V. Decker: The Future Of Age Discrimination In West Virginia, Sophie E. Zdatny
West Virginia Law Review
No abstract provided.
There Is Life In That Old (I Mean, More "Senior") Dog Yet: The Age-Proxy Theory After Hazen Paper Co. V. Biggins, Robert J. Gregory
There Is Life In That Old (I Mean, More "Senior") Dog Yet: The Age-Proxy Theory After Hazen Paper Co. V. Biggins, Robert J. Gregory
Hofstra Labor & Employment Law Journal
No abstract provided.
Have The Foxes Become The Guardians Of The Chickens - The Post-Gilmer Legal Status Of Predispute Mandatory Arbitration As A Condition Of Employment, John A. Gray
Villanova Law Review
No abstract provided.
Hybrid Employees: Defining And Protecting Employees Excluded From The Coverage Of The National Labor Relations Act, Patrick S. Bryant
Hybrid Employees: Defining And Protecting Employees Excluded From The Coverage Of The National Labor Relations Act, Patrick S. Bryant
Vanderbilt Law Review
Any discussion of labor-management relations naturally assumes two parties: labor and management. Fundamental to both the industrial philosophy and labor legislation of the United States has been the assumption of mutually exclusive and largely adversarial camps of "employers" and "employees." This rigid dichotomy, however, fails to recognize the existence of a third group of workers that fits neither the labor nor the management typology. These workers are best described as hybrid employees: workers who arguably deserve many of the statutory protections afforded to labor but who may be aligned too closely with the employer's interests to warrant the protection of …
Age Discrimination And Police Employment Practices, Francesca Capitano
Age Discrimination And Police Employment Practices, Francesca Capitano
Hofstra Labor & Employment Law Journal
No abstract provided.
Early Retirement Incentives And The Age Discrimination In Employment Act, Richard G. Kass
Early Retirement Incentives And The Age Discrimination In Employment Act, Richard G. Kass
Hofstra Labor & Employment Law Journal
No abstract provided.