Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Labor laws and legislation (16)
- Industrial safety--Law and legislation (12)
- Labor Law (9)
- Employment Practice (8)
- Employee rights (7)
-
- Employment Discrimination (7)
- Industrial hygiene--Law and legislation (7)
- Canada (6)
- Employment Law (6)
- Gender (6)
- Employment (5)
- Labour law (5)
- Women (5)
- Civil rights (4)
- Employers' liability (4)
- FMLA (4)
- Labor (4)
- Labor law (4)
- Precarious employment (4)
- Workplace discrimination (4)
- Collective bargaining--Law and legislation (3)
- Comparative and Foreign Law (3)
- Discrimination (3)
- Employment discrimination (3)
- Family Medical Leave Act (3)
- Gender stereotype (3)
- International Law (3)
- Law and Society (3)
- Litigation (3)
- Occupational health and safety (3)
- Publication
-
- Eric M. Tucker (33)
- Nancy Dowd (6)
- Steven J. Kaminshine (5)
- César F. Rosado Marzán (4)
- Stephanie Bornstein (4)
-
- Kevin M. Clermont (3)
- Jenny Julén Votinius (2)
- Maria L. Ontiveros (2)
- Robert Sprague (2)
- Roger I. Abrams (2)
- Tim Sieber (2)
- Adam Epstein (1)
- Anne S. Emanuel (1)
- Barry Cushman (1)
- Charlotte S. Alexander (1)
- Cleopatra Doumbia-Henry (1)
- Cynthia Grant Bowman (1)
- Deborah Thompson Eisenberg (1)
- Douglas M. Spencer (1)
- Dr. Valencia T Johnson, PhD, EdD, Hon. D.Div, LLM, MS, BS (1)
- Elizabeth A Rowe (1)
- Elizabeth Dale (1)
- Eric M Fink (1)
- Jennifer Jackson (1)
- Kent Greenfield (1)
- L. Alberto Huamán Ordoñez (1)
- Martin H. Malin (1)
- Mary F. Radford (1)
- Matthew Parlow (1)
- Mel Cousins (1)
- File Type
Articles 1 - 30 of 98
Full-Text Articles in Law
Freeing Prisoners' Labor, Stephen P. Garvey
Freeing Prisoners' Labor, Stephen P. Garvey
Stephen P. Garvey
Although labor was central to the internal life of the early penitentiary, it has virtually vanished from today's prison. In this article, Professor Garvey proposes making labor once again a key part of the prison regime. During the decades surrounding the turn of the century, organized labor and business successfully lobbied for protectionist state and federal legislation that prohibited private firms from contracting for prison labor and selling prison-made goods on the open market. This legislation abolished the old "contract" system of prison labor and replaced it with the "state-use" system. Under the state-use system, inmates work only for the …
How Employment-Discrimination Plaintiffs Fare In The Federal Courts Of Appeals, Kevin Clermont, Theodore Eisenberg, Stewart Schwab
How Employment-Discrimination Plaintiffs Fare In The Federal Courts Of Appeals, Kevin Clermont, Theodore Eisenberg, Stewart Schwab
Kevin M. Clermont
Employment-discrimination plaintiffs swim against the tide. Compared to the typical plaintiff, they win a lower proportion of cases during pretrial and after trial. Then, many of their successful cases are appealed. On appeal, they have a harder time in upholding their successes, as well in reversing adverse outcome. This tough story does not describe some tiny corner of the litigation world. Employment-discrimination cases constitute an increasing fraction of the federal civil docket, now reigning as the largest single category of cases at nearly 10 percent. In this article, we use official government data to describe the appellate phase of this …
How Employment Discrimination Plaintiffs Fare In Federal Court, Kevin Clermont, Stewart Schwab
How Employment Discrimination Plaintiffs Fare In Federal Court, Kevin Clermont, Stewart Schwab
Kevin M. Clermont
This article presents the full range of information that the Administrative Office’s data convey on federal employment discrimination litigation. From that information, the authors tell three stories about (1) bringing these claims, (2) their outcome in the district court, and (3) the effect of appeal. Each of these stories is a sad one for employment discrimination plaintiffs: relatively often, the numerous plaintiffs must pursue their claims all the way through trial, which is usually a jury trial; at both pretrial and trial these plaintiffs lose disproportionately often, in all the various types of employment discrimination cases; and employment discrimination litigants …
Employment Discrimination Plaintiffs In Federal Court: From Bad To Worse?, Kevin M. Clermont, Stewart J. Schwab
Employment Discrimination Plaintiffs In Federal Court: From Bad To Worse?, Kevin M. Clermont, Stewart J. Schwab
Kevin M. Clermont
This Article utilizes the Administrative Office's data to convey the realities of federal employment discrimination litigation. Litigants in these "jobs" cases appeal more often than other litigants, with the defendants doing far better on those appeals than the plaintiffs. These troublesome facts help explain why today fewer plaintiffs are undertaking the frustrating route into federal district court, where plaintiffs must pursue their claims relatively often all the way through trial and where at both pretrial and trial these plaintiffs lose unusually often.
Smith V. Hussman Refrigerator Company: Fair Representation And The Erosion Of Collective Values, Cynthia Grant Bowman
Smith V. Hussman Refrigerator Company: Fair Representation And The Erosion Of Collective Values, Cynthia Grant Bowman
Cynthia Grant Bowman
No abstract provided.
Legal And Ethical Issues Associated With Employee Use Of Social Networks, Gundars Kaupins, Susan Park
Legal And Ethical Issues Associated With Employee Use Of Social Networks, Gundars Kaupins, Susan Park
Susan Park
Social networking sites such as Facebook and Twitter can help employees enhance a company’s marketing, recruiting, security, and safety. However, employee’s use of social networking sites and employers’ access of those sites can result in illegal and unethical behavior, such as discrimination and privacy invasions. Companies must gauge whether and how to rely upon employees’ use of personal social networking sites and how much freedom employees should have in using networks inside and outside of the companies. This research summarizes the latest legal and ethical issues regarding employee use of social networks and provides recommended corporate policies.
Global Laws, Local Lives: Impact Of The New Regionalism On Human Rights Compliance, Stephen J. Powell, Patricia Camino Pérez
Global Laws, Local Lives: Impact Of The New Regionalism On Human Rights Compliance, Stephen J. Powell, Patricia Camino Pérez
Stephen Joseph Powell
Continuation of the brisk pace of international economic growth with its necessarily increased use of natural resources—often at unsustainable levels—and its higher levels of pollution—often at the cost of citizen health—combine with the rules of the global trading system to threaten human rights to health, to freedom from forced or child labor, to non-discrimination, to a fair wage, to a healthy environment, even to democratic governance and participation in the political process. As a result, in recent years a growing number of economists begrudgingly acknowledge the incontrovertible—although presently dysfunctional—linkage between trade and human rights and the need to integrate these …
When Trade Secrets Become Shackles: Fairness And The Inevitable Disclosure Doctrine, Elizabeth Rowe
When Trade Secrets Become Shackles: Fairness And The Inevitable Disclosure Doctrine, Elizabeth Rowe
Elizabeth A Rowe
Critics of the inevitable disclosure doctrine decry the inconsistency with which courts rule on these cases, and the difficulty in predicting case outcomes. They contend that courts are left to "grapple with a decidedly ... nebulous standard of 'inevitability."' Further, they claim the doctrine undermines the employee's fundamental right to move freely and pursue his or her livelihood. Ultimately, both the problem and solution here are about fairness: fairness in the employer-employee relationship, fairness in the application of the law, and fairness in providing protection from unfair competition between competing employers. The crux of the opposition to the doctrine, in …
Employee Speech & Management Rights: A Counterintuitive Reading Of Garcetti V. Ceballos, Elizabeth Dale
Employee Speech & Management Rights: A Counterintuitive Reading Of Garcetti V. Ceballos, Elizabeth Dale
Elizabeth Dale
In the two years since the decision came down, courts and commentators generally have agreed that the Supreme Court's decision in Garcetti v. Ceballos sharply limited the First Amendment rights of public employees. In this Article, I argue that this widely shared interpretation overstates the case. The Court in Garcetti did not dramatically change the way it analyzed public employees' First Amendment rights. Instead, it restated the principles on which those claims rest, emphasizing management rights and the unconstitutional conditions doctrine. By making those two theories the centerpiece of the decision, the Court in Garcetti defined public employee speech rights …
The Law Of Gender Stereotyping And The Work-Family Conflicts Of Men, Stephanie Bornstein
The Law Of Gender Stereotyping And The Work-Family Conflicts Of Men, Stephanie Bornstein
Stephanie Bornstein
This Article looks back to the early equal protection jurisprudence of the 1970s and Ruth Bader Ginsburg's litigation strategy of using men as plaintiffs in sex discrimination cases to cast a renewed focus on antidiscrimination law as a means to redress the work-family conflicts of men. From the beginning of her litigation strategy as the head of the ACLU Women's Rights Project, Ginsburg defined sex discrimination as the detrimental effects of gender stereotypes that constrained both men and women from living their lives as they wished-not solely the minority status of women. The same sex-based stereotypes that kept women out …
Caregivers In The Courtroom: The Growing Trend Of Family Responsibilities Discrimination, Joan C. Williams, Stephanie Bornstein
Caregivers In The Courtroom: The Growing Trend Of Family Responsibilities Discrimination, Joan C. Williams, Stephanie Bornstein
Stephanie Bornstein
When people think of sex discrimination, they tend to think of glass-ceiling discrimination and sexual harassment. This article describes and documents a rapidly expanding area of employment discrimination law: family responsibilities discrimination, or "FRD." FRD is employment discrimination against people based on their caregiving responsibilities, whether for children, elderly parents, or ill partners. FRD includes both "maternal wall" discrimination -- the equivalent of the glass ceiling for mothers -- and discrimination against men who participate in childcare or provide care for other family members.
The Evolution Of “Fred”: Family Responsibilities Discrimination And Developments In The Law Of Stereotyping And Implicit Bias, Joan C. Williams, Stephanie Bornstein
The Evolution Of “Fred”: Family Responsibilities Discrimination And Developments In The Law Of Stereotyping And Implicit Bias, Joan C. Williams, Stephanie Bornstein
Stephanie Bornstein
This Article integrates a discussion of current family responsibilities discrimination ("FRD") case law with a discussion of the single most important recent development in the field: the U.S. Equal Employment Opportunity Commission’s ("EEOC") 2007 issuance of Enforcement Guidance on caregiver discrimination. The Guidance concretely informs the public about what constitutes unlawful discrimination against caregivers under Title VII and the Americans with Disabilities Act. Specifically, the Guidance crystallizes two key holdings from case law in regard to Title VII disparate treatment claims brought by caregivers: (1) where plaintiffs have evidence of gender stereotyping, they can make out a prima facie case …
Work, Family, And Discrimination At The Bottom Of The Ladder, Stephanie Bornstein
Work, Family, And Discrimination At The Bottom Of The Ladder, Stephanie Bornstein
Stephanie Bornstein
With limited financial resources, few social supports, and high family caregiving demands, low-wage workers go off to work each day to jobs that offer low pay, few days off, and little flexibility or schedule stability. It should come as no surprise, then, that workers' family lives conflict with their jobs. What is surprising is the response at work when they do. This Article provides a survey of lawsuits brought by low-wage workers against their employers when they were unfairly penalized at work because of their caregiving responsibilities at home. The Article reflects a review of cases brought by low-wage hourly …
Liberty Vs. Equality: In Defense Of Privileged White Males, Nancy E. Dowd
Liberty Vs. Equality: In Defense Of Privileged White Males, Nancy E. Dowd
Nancy Dowd
In this book review, Professor Dowd reviews Forbidden Grounds: The Case Against Employment Discrimination Laws, by Richard A. Epstein (1992). First, Professor Dowd sets forth the thesis and arguments of Epstein’s book and explores her general criticisms in more detail. Next, she explores Epstein’s core argument pitting liberty against equality from two perspectives: that of the privileged white male and that of minorities and women. Finally, Professor Dowd argues that Epstein’s position cannot be viewed as an argument that most minorities or women would make, as it fails to take account of their stories.
Maternity Leave: Taking Sex Differences Into Account, Nancy E. Dowd
Maternity Leave: Taking Sex Differences Into Account, Nancy E. Dowd
Nancy Dowd
This Article focuses on restructuring the workplace in the context of maternity leave. Although most women are no longer, and, indeed, generally cannot be required to take maternity leave, many are not guaranteed leave or may be provided only with inadequate leave. A minority of states have addressed this problem by enacting statutes requiring that all employers provide job-protected maternity leave. Two of the statutes, the California and Montana provisions, have been challenged as discriminatory under Title VII of the Civil Rights Act of 1964 and the equal protection clause of the 14th Amendment, and the Supreme Court has recently …
Bringing The Margin To The Center: Comprehensive Strategies For Work/Family Policies, Nancy E. Dowd
Bringing The Margin To The Center: Comprehensive Strategies For Work/Family Policies, Nancy E. Dowd
Nancy Dowd
The ultimate goal of work/family policy has always seemed deceptively clear: to provide institutional and cultural support to permit a healthy balance between family and work. An implicit assumption of that goal is that it would be achieved without undermining principles of equality. Indeed, the assumed result of work/family balance is that it would help achieve equality: families would be treated equally, caregivers would be supported equally, and children and family members would receive necessary and important care equally. It has long been recognized that work/family balance is especially critical to gender equality. Equality principles require that work/family policy and …
Race, Gender, And Work/Family Policy, Nancy Dowd
Race, Gender, And Work/Family Policy, Nancy Dowd
Nancy Dowd
Family leave is not an end in itself, but rather is part of a much bigger picture: work/family policy. The goal of work/family policy is to achieve a good society by supporting families. Ideally, families enable children to develop to their fullest capacity and to contribute to their communities and society. Public rhetoric in the United States has always strongly supported families. Our policies, however, have not. In the area of work/family policy, the United States continues to lag behind every other advanced industrialized country, as well as many developing countries, in the degree to which we provide affirmative support …
The Metamorphosis Of Comparable Worth, Nancy E. Dowd
The Metamorphosis Of Comparable Worth, Nancy E. Dowd
Nancy Dowd
The concept of comparable worth has as its factual predicate two typical characteristics of women's employment: occupational concentration or segregation and significantly lower wages compared to those paid to men. What continues to be most troubling about this employment pattern is its stubborn persistence, despite the increased presence of women in the workforce and the existence for over two decades of legislation prohibiting sex discrimination in employment. The concept of comparable worth has provoked an outpouring of emotional rhetoric and scholarly analysis debating the concept’s viability and desirability. Rather than add to that debate, Professor Dowd traces the evolution of …
(Re)Constructing The Framework Of Work/Family, Nancy E. Dowd
(Re)Constructing The Framework Of Work/Family, Nancy E. Dowd
Nancy Dowd
When we talk about the connections between work, family, and marriage, what are our assumptions or our implicit model? In this essay, I hope to expose the importance of questioning the framework within which we operate. Marriage continues to be a core focus of the typical family law course. As a matter of public policy, supporting and valuing marriage, and concern about the conflict between work and family because of the strains it imposes on marriage, makes balancing work and family within a marital framework a focus of law and policy. In this essay, I argue that we need to …
The J.O.B.S. Act & The New Texas Intrastate Crowdfunding Provision, Neal Newman
The J.O.B.S. Act & The New Texas Intrastate Crowdfunding Provision, Neal Newman
Neal F. Newman
No abstract provided.
Protecting The Seafarer: An Insight On The Maritime Labour Convention, Cleopatra Doumbia-Henry
Protecting The Seafarer: An Insight On The Maritime Labour Convention, Cleopatra Doumbia-Henry
Cleopatra Doumbia-Henry
No abstract provided.
Invisible No More: Domestic Workers Organizing In Massachusetts And Beyond, Natalicia Tracy, Tim Sieber, Susan Moir Scd
Invisible No More: Domestic Workers Organizing In Massachusetts And Beyond, Natalicia Tracy, Tim Sieber, Susan Moir Scd
Tim Sieber
Domestic workers across the country are making it clear that, even in a difficult political environment, it is possible to make gains for low-wage workers. For the first time in many, many decades, domestic workers are finding ways to win. They are creat ing policy change that will improve the lives of hundreds of thousands of workers in tangible and substantial ways. The 2014 Massachusetts Domestic Workers’ Bill of Rights is the most expansive codification of rights for this long-overlooked part of the labor force ever to be enacted. In one sense, there is nothing new about domestic workers organizing …
Wimberly And Beyond: Analyzing The Refusal To Award Unemployment Compensation To Women Who Terminate Prior Employment Due To Pregnancy, Mary F. Radford
Wimberly And Beyond: Analyzing The Refusal To Award Unemployment Compensation To Women Who Terminate Prior Employment Due To Pregnancy, Mary F. Radford
Mary F. Radford
In Wimberly v. Labor & Industrial Relations Commission, the Supreme Court interpreted section 3304(a)(12) of the Federal Unemployment Tax Act (FUTA), which requires that states not dent unemployment benefits "solely on the basis of pregnancy," as an antidiscrimination statue, rather that one requiring preferential treatment for pregnant and formerly pregnant women. Professor Mary Radford argues that given the ambiguous legislative history and other Supreme Court precedent in the area of unemployment compensation, Wimberly could just as easily have held that FUTA's language requires preferential treatment to pregnant and formerly pregnant women. She further argues that given the current realities that …
Punitive Injunctions, Nirej S. Sekhon
In The U.S. Supreme Court: How To Define Who Qualifies As An 'Employer' Within The Meaning Of Title Vii, Steven Kaminshine
In The U.S. Supreme Court: How To Define Who Qualifies As An 'Employer' Within The Meaning Of Title Vii, Steven Kaminshine
Steven J. Kaminshine
No abstract provided.
New Rights For The Disabled: The Americans With Disabilities Act Of 1990, Steven Kaminshine
New Rights For The Disabled: The Americans With Disabilities Act Of 1990, Steven Kaminshine
Steven J. Kaminshine
No abstract provided.
The Cost Of Older Workers, Disparate Impact And The Age Discrimination In Employment Act, Steven Kaminshine
The Cost Of Older Workers, Disparate Impact And The Age Discrimination In Employment Act, Steven Kaminshine
Steven J. Kaminshine
No abstract provided.
Workers' Compensation In Georgia, Steven Kaminshine
Workers' Compensation In Georgia, Steven Kaminshine
Steven J. Kaminshine
No abstract provided.
In The U.S. Supreme Court: Does Title Vii Protect Former Employees From Acts Of Retaliation By Former Employers?, Steven Kaminshine
In The U.S. Supreme Court: Does Title Vii Protect Former Employees From Acts Of Retaliation By Former Employers?, Steven Kaminshine
Steven J. Kaminshine
No abstract provided.
Class Actions Under The Age Discrimination In Employment Act: The Question Is Why Not?, Anne S. Emanuel
Class Actions Under The Age Discrimination In Employment Act: The Question Is Why Not?, Anne S. Emanuel
Anne S. Emanuel
No abstract provided.