Law Commons^™

Workplace Discrimination As A Public Health Issue: The Necessity Of Title Vii Protections For Volunteers, Elizabeth R. Langton

Fordham Law Review

What constitutes an employee is a recurring issue in U.S. employment law, especially with respect to volunteers. Under Title VII, an employee is defined as “an individual employed by an employer.” The U.S. Supreme Court has found that this definition is circular and explains nothing. Given the vague statutory definition of “employee,” circuit courts are split over the correct test to determine employee status for the purposes of Title VII.

Workplace discrimination is especially toxic because the majority of the adult population spends its waking hours at work. Thus far, courts have been focused on the individual nature of workplace …

Beyond Title Vii: Rethinking Race, Ex-Offender Status, And Employment Discrimination In The Information Age, Kimani Paul-Emile

Faculty Scholarship

More than sixty-five million people in the United States—more than one in four adults—have had some involvement with the criminal justice system that will appear on a criminal history report. A rapidly expanding, for-profit industry has developed to collect these records and compile them into electronic databases, offering employers an inexpensive and readily accessible means of screening prospective employees. Nine out of ten employers now inquire into the criminal history of job candidates, systematically denying individuals with a criminal record any opportunity to gain work experience or build their job qualifications. This is so despite the fact that many individuals …