- BFOQ (2)
- Employee discrimination (1)
- Former employees (1)
- Upjohn case (1)
- Bona fide occupational qualification defense (1)
- Attorney-client privilege (1)
- UAW v. Johnson Controls (1)
- Age Discrimination in Employment Act (1)
- Equal Employment Opportunity Commission (1)
- Work product doctrine (1)
- Fetal protection policy (1)
- Sex discrimination (1)
- Older workers (1)
- EEOC (1)
- ADEA (1)
- Aging of America’s workforce (1)
- Discovery (1)
- Pregnancy Discrimination Act (1)
- PDA (1)
- Bona fide occupational qualification (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Judicial And Administrative Interpretations Of The Bona Fide Occupational Qualification As Applied To The Age Discrimination In Employment Act, Tracy Karen Finkelstein
Cleveland State Law Review
This note will examine administrative and judicial standards used to prevent age discrimination in employment decisions. The first section will analyze the ADEA, enacted in response to the growing concern about age discrimination. The second section will discuss the Bona Fide Occupational Qualification exception to the ADEA's prohibition against age discrimination. Finally, the concerns particular to the airline industry regarding its age-related policies will be presented together with the responses of the FAA, the Equal Employment Opportunity Commission, and the judiciary in an attempt to clarify and resolve the difficulties inherent in situations where safety is a major concern.
Uaw V. Johnson Controls: The Supreme Court Fails To Get The Lead Out, Overlooks Fetal Harm Resulting From Workplace Exposure, John M. Tkacik Jr.
Cleveland State Law Review
UAW v. Johnson Controls, Inc., recently decided by the United States Supreme Court, has resulted in what one commentator described as "[t]he strongest and most important sex-discrimination victory in nearly 30 years." As a result of the decision, employers can no longer bar women from hazardous jobs through fetal-protection policies, except under the most extreme and narrow circumstances. This legal victory for women in the workplace, however, has seriously impacted the debate over the protection of fetal health and safety. The Supreme Court, in a seemingly encore presentation of Roe, again overlooked the harm facing the unborn child in ...
Conducting Informal Discovery Of A Party's Former Employees: Legal And Ethical Concerns And Constraints, Susan J. Becker
Law Faculty Articles and Essays
This Article identifies and critiques existing sources of confusion in the law and proposes revised and alternative discovery procedures to provide equal access to information possessed by ex-employees, while simultaneously safeguarding the integrity of that information. Its primary emphasis is on federal jurisprudence, although important points of consensus and departure between state and federal law are noted, as appropriate. Part I explains the issues that arise in informal discovery, and the difficulties with clearly resolving those issues given the conflicting state of the law. Part II discusses application of the attorney-client privilege to communications between corporate counsel and former employees ...