Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Maurice A. Deane School of Law at Hofstra University (16)
- Maurer School of Law: Indiana University (13)
- Cleveland State University (11)
- University of Washington School of Law (6)
- William & Mary Law School (6)
-
- University of Michigan Law School (5)
- University of Richmond (5)
- University of Arkansas at Little Rock William H. Bowen School of Law (4)
- Brigham Young University Law School (3)
- American University Washington College of Law (2)
- Campbell University School of Law (2)
- Mercer University School of Law (2)
- Seattle University School of Law (2)
- Villanova University Charles Widger School of Law (2)
- Washington and Lee University School of Law (2)
- North Carolina Central University School of Law (1)
- UIC School of Law (1)
- University at Buffalo School of Law (1)
- University of Baltimore Law (1)
- University of Denver (1)
- University of Kentucky (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of New Hampshire (1)
- University of the District of Columbia School of Law (1)
- Vanderbilt University Law School (1)
- Keyword
-
- Discrimination (7)
- Employment discrimination (7)
- Health insurance (6)
- Mediation (6)
- Human Genome Project (5)
-
- United States Postal Service (5)
- Discrimination in employment (4)
- Genetic discrimination (4)
- Healthcare discrimination (4)
- Labor unions (4)
- Americans with Disabilities Act (3)
- Employment Law (3)
- FTAA (3)
- Labor (3)
- Labor Law (3)
- Labor laws & legislation (3)
- Sexual harassment (3)
- Title VII (3)
- Women (3)
- ADA (2)
- Burden of proof (2)
- Child Labor (2)
- Collective bargaining (2)
- Comparative law (2)
- Covenants not to compete (2)
- EEOC (2)
- Economics & labor law (2)
- Employers (2)
- Family Leave (2)
- Family and Medical Leave Act (2)
- Publication
-
- Hofstra Labor & Employment Law Journal (16)
- Indiana Law Journal (11)
- Journal of Law and Health (9)
- Washington Law Review (6)
- Richmond Journal of Global Law & Business (4)
-
- University of Arkansas at Little Rock Law Review (4)
- University of Michigan Journal of Law Reform (3)
- William & Mary Journal of Race, Gender, and Social Justice (3)
- Campbell Law Review (2)
- Cleveland State Law Review (2)
- Mercer Law Review (2)
- Seattle University Law Review (2)
- Villanova Law Review (2)
- William & Mary Law Review (2)
- American University Journal of Gender, Social Policy & the Law (1)
- BYU Law Review (1)
- Brigham Young University Education and Law Journal (1)
- Brigham Young University Journal of Public Law (1)
- Buffalo Human Rights Law Review (1)
- Federal Communications Law Journal (1)
- Human Rights & Human Welfare (1)
- Human Rights Brief (1)
- Indiana Journal of Global Legal Studies (1)
- Kentucky Law Journal (1)
- Michigan Journal of Gender & Law (1)
- Michigan Law Review (1)
- Nevada Law Journal (1)
- North Carolina Central Law Review (1)
- RISK: Health, Safety & Environment (1990-2002) (1)
- UIC Law Review (1)
Articles 1 - 30 of 91
Full-Text Articles in Law
Envisioning A Future For Age And Disability Discrimination Claims, Alison Barnes
Envisioning A Future For Age And Disability Discrimination Claims, Alison Barnes
University of Michigan Journal of Law Reform
This Article considers the reasons for reinterpretations of age and disability and examines the fundamental reasons for changes in the implementation of both the ADA and ADEA. Part I presents the basic structure and relevant requirements of the two statutes and comments on the reasons their legislative purposes are not often seen as overlapping. Part II discusses the recent Supreme Court decisions that have undermined the purposes and implementation of both the ADA and ADEA and chilled causes of action based on the ADA and ADEA. Part III projects the current problems with anti-discrimination causes into the future, when older …
The Private Workplace And The Proposed “Notice Of Electronic Monitoring Act”: Is “Notice” Enough?, Nathan Watson
The Private Workplace And The Proposed “Notice Of Electronic Monitoring Act”: Is “Notice” Enough?, Nathan Watson
Federal Communications Law Journal
On July 20, 2000, an interesting mix of federal legislators proposed legislation that would affect monitoring of employee communications and computer usage in the workplace. Had it passed, NEMA would have required employers to notify their employees if they wished to conduct surveillance of their employees' electronic mail ("e-mail") or other electronic communications. Employer groups succeeded in convincing the Judiciary Committee to pull the bill from further consideration, citing a potential increase in litigation and more work for human resources professionals. This Note argues that NEMA should be adopted, since it would improve the current state of affairs relating to …
A Right Without Remedy: State Employees After Seminole Tribe And Alden, Heather Lueke
A Right Without Remedy: State Employees After Seminole Tribe And Alden, Heather Lueke
William & Mary Bill of Rights Journal
Over the past decade, courts have wrestled with state employees 'private legal remedy for a violation of the Fair Labor Standards Act. As a result of the decisions in Seminole Tribe v. Florida and Alden v. Maine, state employees lost their right to sue for such violations. This note examines the dilemma faced by employees who find themselves without a path of recourse against state employers. It concludes that both Seminole Tribe and Alden should be overturned because the decisions leave state employees with no realistic remedy
Humiliation At Work, Catherine L. Fisk
Humiliation At Work, Catherine L. Fisk
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner
Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner
University of Arkansas at Little Rock Law Review
No abstract provided.
Who Pays Arbitration Fees? The Unanswered Question In Circuit City Stores, Inc. V. Adams, Melissa G. Lamm
Who Pays Arbitration Fees? The Unanswered Question In Circuit City Stores, Inc. V. Adams, Melissa G. Lamm
Campbell Law Review
As courts and administrative agencies are becoming busier and litigation more complex, many today see alternative dispute resolution, specifically arbitration, as a way to promptly and efficiently resolve disputes. Arbitration, especially in light of the recent United States Supreme Court decision in Circuit City Stores, Inc. v. Adams, is becoming more common in employer-employee, business-customer, and business- business relationships. The Court held in Circuit City that the Federal Arbitration Act (FAA) applies to nearly all interstate employment relationships. The challenge before the courts now is determining who should bear the burden of paying for the arbitration of disputes.
Employer Liability For Sexual Harassment - Normative, Descriptive, And Doctrinal Interactions: A Reply To Professors Beiner And Bisom-Rapp, Linda Hamilton Krieger
Employer Liability For Sexual Harassment - Normative, Descriptive, And Doctrinal Interactions: A Reply To Professors Beiner And Bisom-Rapp, Linda Hamilton Krieger
University of Arkansas at Little Rock Law Review
No abstract provided.
Fixing Watches With Sledgehammers: The Questionable Embrace Of Employee Sexual Harassment Training By The Legal Profession, Susan Bisom-Rapp
Fixing Watches With Sledgehammers: The Questionable Embrace Of Employee Sexual Harassment Training By The Legal Profession, Susan Bisom-Rapp
University of Arkansas at Little Rock Law Review
No abstract provided.
Toward A Motivating Factor Test For Individual Disparate Treatment Claims, Benjamin C. Mizer
Toward A Motivating Factor Test For Individual Disparate Treatment Claims, Benjamin C. Mizer
Michigan Law Review
Nathan Fields, an African-American employee at the New York State Office of Mental Retardation and Developmental Disabilities ("OMRDD"), was in many ways the typical Title VIP employment discrimination plaintiff, with a case that, on its face, suggested both discriminatory and benign actions by his employer. For six years, Fields worked as a maintenance assistant in the electrical shop at OMRDD's Oswald D. Heck Developmental Center ("Heck"). During that time, he twice applied for a promotion, and on each occasion, Heck selected white employees for the position. In addition, Fields claimed that he was discriminatorily singled out for disciplinary treatment, that …
Black Plaintiffs And Class Action Employment Discrimination Lawsuits In Corporate America, Michael Green
Black Plaintiffs And Class Action Employment Discrimination Lawsuits In Corporate America, Michael Green
University of the District of Columbia Law Review
Class action lawsuits initiated by black employees against corporations have been commonplace in the United States in recent years. Why has there been an influx of litigation targeted to corporate America? Is there an epidemic of discrimination directed toward black employees in many companies- or is this legal action a result of a phenomenon that is coincidental? Although many argue that there is no "systematic" approach or policy to hinder the development of blacks in corporations, it is evident that serious problems do exist in many companies that have the propensity to curtail the advancement of black employees. In essence, …
To Labor In The Dancing World: Human Rights At Work, Erin E. Bahn
To Labor In The Dancing World: Human Rights At Work, Erin E. Bahn
Buffalo Human Rights Law Review
No abstract provided.
Workplace Pollution: Nuclear Safety, Ethics, And The Exploitation--Avoidance Argument, Kristin Shrader-Frechette
Workplace Pollution: Nuclear Safety, Ethics, And The Exploitation--Avoidance Argument, Kristin Shrader-Frechette
RISK: Health, Safety & Environment (1990-2002)
The author reviews evidence of poor worker health and safety practices in United States Department of Energy nuclear facilities in contending that less protective standards for workplace hazards constitute an environmental injustice not rectified by a hazard pay premium.
Echazabal V. Chevron: A Direct Threat To Employers In The Ninth Circuit, Deborah Leigh Bender
Echazabal V. Chevron: A Direct Threat To Employers In The Ninth Circuit, Deborah Leigh Bender
Washington Law Review
Although Congress enacted the Americans with Disabilities Act (ADA) in part to protect disabled individuals from paternalism, the ADA permits employers to adopt a requirement that individuals not pose a direct threat to others in the workplace. The Equal Employment Opportunity Commission (EEOC) has determined that this direct threat defense also protects an employer who discharges or refuses to hire individuals who pose a direct threat to their own health or safety in the workplace. In Echazabal v. Chevron, the Ninth Circuit struck down the EEOC interpretation of direct threat on the ground that it was paternalistic and inconsistent …
Closing A Discrimination Loophole: Using Title Vii's Anti-Retaliation Provision To Prevent Employers From Requiring Unlawful Arbitration Agreements As Conditions Of Continued Employment, Sidney Charlotte Reynolds
Closing A Discrimination Loophole: Using Title Vii's Anti-Retaliation Provision To Prevent Employers From Requiring Unlawful Arbitration Agreements As Conditions Of Continued Employment, Sidney Charlotte Reynolds
Washington Law Review
Courts have long viewed mandatory arbitration agreements (MAAs) as contract provisions that employees may accept or decline based on the common law doctrine of employment at-will. However, employees may see such MAAs as attempts to curtail Title VII rights and may refuse to sign them. Title VII prohibits employers from retaliating against employees who oppose discriminatory employment practices. A legal loophole has developed where some employers seek explicitly or implicitly to exempt themselves from Title VII's provisions by drafting MAAs that eliminate statutory rights and remedies from the arbitration process or deter employees from filing discrimination claims altogether. The U.S. …
Resurgence Of The Class Action Lawsuit In Employment Discrimination Cases: New Obstacles Presented By The 1991 Amendments To The Civil Rights Act, Scotty Shively
University of Arkansas at Little Rock Law Review
No abstract provided.
Employment Discrimination, Peter Reed Corbin, John E. Duvall
Employment Discrimination, Peter Reed Corbin, John E. Duvall
Mercer Law Review
The field of employment discrimination law was alive and well in the Eleventh Circuit during the 2000 survey period. Indeed, the area is not even showing any signs of slowing down. The case receiving the most press was the Supreme Court's decision in Reeves v. Sanderson Plumbing Products, Inc. , which, although an age discrimination action, will have a large impact on whether cases reach a jury in all areas of employment discrimination law. The Eleventh Circuit also handed down a number of notable decisions, particularly in the area of sexual harassment, the disparate impact theory of liability, and the …
Labor And Employment Law, Richard Gerakitis, James P. Ferguson Jr., Dorothy E. Larkin
Labor And Employment Law, Richard Gerakitis, James P. Ferguson Jr., Dorothy E. Larkin
Mercer Law Review
This Article surveys the 1999 and 2000 decisions of the United States Court of Appeals for the Eleventh Circuit in which the court addressed issues in the areas of labor and employment law. Specifically, this Article examines decisions by the Eleventh Circuit under the (1) Family Medical Leave Act ("FMLA"); (2) Age Discrimination in Employment Act ("ADEA"); (3) Title VII of the Civil Rights Act of 1964 ("Title VII"); (4) Employee Retirement Income Security Act ("ERISA"); (5) Fair Labor Standards Act ("FLSA"); and (6) Americans With Disabilities Act ("ADA").' During the past two years, the Eleventh Circuit decided numerous cases …
The Little Guy Myth: The Fair Act's Victimization Of Small Business, Melissa A. Peters
The Little Guy Myth: The Fair Act's Victimization Of Small Business, Melissa A. Peters
William & Mary Law Review
No abstract provided.
Stock Market Volatility And 401 (K) Plans, Colleen E. Medill
Stock Market Volatility And 401 (K) Plans, Colleen E. Medill
University of Michigan Journal of Law Reform
Many workers today depend on their 401(k) plan to provide them with an adequate income during retirement. For these workers to achieve retirement income security, their 401(k) plan investments must perform well over their working lifetime. Employers' selection of investment options for the 401(k) plan, a fiduciary duty under the Employee Retirement Income Security Act of 1974 (ERISA), plays a critical role in determining investment performance. In this Article, Professor Medill uses a series of hypothetical litigation scenarios to illustrate how interpretation of the employer's duty of prudence and duty of loyalty under ERISA present different policy choices for the …
The Attachment Gap: Employment Discrimination Law, Women's Cultural Caregiving, And The Limits Of Economic And Liberal Legal Theory, Laura T. Kessler
The Attachment Gap: Employment Discrimination Law, Women's Cultural Caregiving, And The Limits Of Economic And Liberal Legal Theory, Laura T. Kessler
University of Michigan Journal of Law Reform
Title VII has prohibited employment discrimination on the basis of pregnancy since 1978, when Congress passed the Pregnancy Discrimination Act ("PDA"), but it does not require employers to recognize women's caregiving obligations beyond the immediate, physical events of pregnancy and childbirth. The Family and Medical Leave Act of 1993 ("FMLA ") also does little more than provide job security to some relatively privileged women in the case of childbirth. Neither of these statutes, which constitute the bulk of the United States' maternity and parental leave policies, provides for the most common employment leave needs of caregivers, who by all measures …
Collaborative Problem-Solving Responsive To Diverse Learning Styles: Labor Law As An Active Learning Experience, Jeffrey A. Van Detta
Collaborative Problem-Solving Responsive To Diverse Learning Styles: Labor Law As An Active Learning Experience, Jeffrey A. Van Detta
North Carolina Central Law Review
No abstract provided.
The Family Medical Leave Act: State Sovereignty And The Narrowing Of Fourteenth Amendment Protection, Stephanie C. Bovee
The Family Medical Leave Act: State Sovereignty And The Narrowing Of Fourteenth Amendment Protection, Stephanie C. Bovee
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Global Governance, Legal Pluralism And The Decentered State: A Labor Law Critique Of Codes Of Corporate Conduct, Adelle Blackett
Global Governance, Legal Pluralism And The Decentered State: A Labor Law Critique Of Codes Of Corporate Conduct, Adelle Blackett
Indiana Journal of Global Legal Studies
No abstract provided.
North Carolina's Developing Public Policy Wrongful Discharge Doctrine In The New Millennium: Basic Principles, Causation And Proof Of Improper Motive, J. Michael Mcguinness
North Carolina's Developing Public Policy Wrongful Discharge Doctrine In The New Millennium: Basic Principles, Causation And Proof Of Improper Motive, J. Michael Mcguinness
Campbell Law Review
This article reviews the recent state and federal cases construing North Carolina's public policy wrongful discharge doctrine. The article also analyzes the most common practical problem that arises in wrongful discharge cases: the causation issue. Finally, the article offers a framework of analysis and a multi-part test for assessing improper motive, a difficult issue which arises in virtually all public policy wrongful discharge cases.
A Shield, Not A Sword: Involuntary Leave Under The Family And Medical Leave Act, Megan E. Blomquist
A Shield, Not A Sword: Involuntary Leave Under The Family And Medical Leave Act, Megan E. Blomquist
Washington Law Review
Under the Family and Medical Leave Act of 1993 (FMLA), covered employers must grant an eligible employee's request for up to twelve weeks of unpaid leave to care for a new baby or an ill family member, or to accommodate the employee's own serious health condition. The statute prohibits employers from interfering with, restraining, or denying an employee's right to FMLA leave. Neither the statute itself nor its regulations directly address the practice of involuntary leave, a term that has been used to describe instances where an employer designates the leave of a qualifying employee as FMLA leave without an …
Your Dna Is Your Resume: How Inadequate Protection Of Genetic Information Perpetuates Employment Discrimination
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Bridging The Gap Between Work And Family: Accomplishing The Goals Of The Family And Medical Leave Act Of 1993, Emily A. Hayes
Bridging The Gap Between Work And Family: Accomplishing The Goals Of The Family And Medical Leave Act Of 1993, Emily A. Hayes
William & Mary Law Review
No abstract provided.
Two Wrongs Do Not Make A Defense: Eliminating The Equal-Opportunity-Harasser Defense, Shylah Miles
Two Wrongs Do Not Make A Defense: Eliminating The Equal-Opportunity-Harasser Defense, Shylah Miles
Washington Law Review
Sexual harassment is a prevalent problem in the American workplace that accounts for nearly sixty-four percent of all gender discrimination claims under Title VII. The equal-opportunity-harasser defense allows harassers who target both males and females to escape liability. Courts have allowed the defense because they have interpreted the "because of sex" element of a sexual harassment claim to require disparate treatment or a showing that the plaintiffs would not have been harassed if they were members of the opposite sex. An equal-opportunity harasser harasses both sexes and, therefore, plaintiffs cannot prove disparate treatment. This Comment argues that the disparate-treatment requirement …
Maintaining Erisa's Balance: The Fundamental Business Decision V. The Affirmative Fiduciary Duty To Disclose Proposed Changes, Melissa Elaine Stover
Maintaining Erisa's Balance: The Fundamental Business Decision V. The Affirmative Fiduciary Duty To Disclose Proposed Changes, Melissa Elaine Stover
Washington and Lee Law Review
No abstract provided.
The Uncertain Future Of Title Vii Class Actions After The Civil Rights Act Of 1991, Daniel F. Piar
The Uncertain Future Of Title Vii Class Actions After The Civil Rights Act Of 1991, Daniel F. Piar
BYU Law Review
No abstract provided.