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Articles 1 - 5 of 5
Full-Text Articles in Law
De Minimis Discrimination, Rebecca H. White
De Minimis Discrimination, Rebecca H. White
Scholarly Works
Is there any basis for a de minimis exception to our employment discrimination laws? This Article suggests a way of analyzing the issue of de minimis discrimination that comports with the language of and policies underlying Title VII and also with judicially developed disparate treatment theory. It approaches this project from a normative and doctrinal, not a deontological, perspective. Congress has enacted laws prohibiting discrimination in employment, and the appropriate question, in the first instance, is how those statutes should best be interpreted. Although the focus is on Title VII, the analysis undertaken here may be usefully applied to other …
Local Government Anti-Discrimination Laws: Do They Make A Difference?, Chad A. Readler
Local Government Anti-Discrimination Laws: Do They Make A Difference?, Chad A. Readler
University of Michigan Journal of Law Reform
During the past decade, local governments have expanded their role protecting individuals from discrimination in private employment. Although federal and state laws already protect individuals from employment discrimination based on race, sex, color, religion, national origin, age, and disability, local anti-discrimination ordinances protect an even wider range of characteristics such as sexual orientation, marital status, military status, and income level. The author details the results of a survey indicating that the agencies and dispute resolution processes mandated by local anti-discrimination ordinances are seldom used to protect this wider range of characteristics He argues that effective, uniform anti-discrimination protection should come …
Fables Of The Deconstruction: The Practical Failures Of Gay And Lesbian Theory In The Realm Of Employment Discrimination, Theodore A. Schroeder
Fables Of The Deconstruction: The Practical Failures Of Gay And Lesbian Theory In The Realm Of Employment Discrimination, Theodore A. Schroeder
American University Journal of Gender, Social Policy & the Law
No abstract provided.
God, Labor, And The Law: The Pursuit Of Religious Equality In Northern Ireland's Workforce, Jane H. Thorpe
God, Labor, And The Law: The Pursuit Of Religious Equality In Northern Ireland's Workforce, Jane H. Thorpe
Vanderbilt Journal of Transnational Law
In Northern Ireland, a Catholic man is twice as likely to be unemployed as his Protestant counterpart. This employment differential can be attributed directly to the religious sectarianism that has plagued Northern Ireland for almost 400 years. Traditionally, the Protestant community has used economic rights and employment opportunities to maintain its power and authority over the Catholic community. Resolution of this employment differential would be a key step toward achieving peace and unity in Northern Ireland; however, no progress can be made toward this goal until both communities share economic benefits and hardships. In 1989, the British Parliament passed the …
Mandatory Arbitration Of Employee Discrimination Claims: Unmitigated Evil Or Blessing In Disguise?, Theodore J. St. Antoine
Mandatory Arbitration Of Employee Discrimination Claims: Unmitigated Evil Or Blessing In Disguise?, Theodore J. St. Antoine
Articles
One of the hottest current issues in employment law is the use of mandatory arbitration to resolve workplace disputes. Typically, an employer will make it a condition of employment that employees must agree to arbitrate any claims arising out of the job, including claims based on statutory rights against discrimination, instead of going to court. On the face of it, this is a brazen affront to public policy. Citizens are being deprived of the forum provided them by law. And indeed numerous scholars and public and private bodies have condemned the use of mandatory arbitration. Yet the insight of that …