Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Have A Job To Get A Job: Disparate Treatment And Disparate Impact Of The 'Currently Employed' Requirement, Jennifer Jolly-Ryan
Have A Job To Get A Job: Disparate Treatment And Disparate Impact Of The 'Currently Employed' Requirement, Jennifer Jolly-Ryan
Michigan Journal of Race and Law
Countless people struggle to find a job in a competitive job market despite possessing solid qualifications. Although the news media reports that job numbers are improving, the problems of unemployment particularly loom for people of color, older workers, and people with disabilities. These groups are often unemployed longer than other job seekers. These groups also suffer the disparate impact of job advertisements that require "current employment" as a prerequisite for hiring. The harsh reality is that the longer a job seeker is unemployed, the closer a job seeker becomes to becoming permanently unemployed. Job advertisements that require "current employment" exacerbate …
Tortious Interference With The Expectancy Of Entitlement Benefits, Paul Caritj
Tortious Interference With The Expectancy Of Entitlement Benefits, Paul Caritj
University of Michigan Journal of Law Reform
This Note proposes a new tort to address employers' and their agents' increasing abuse of the Unemployment Insurance appeals process, which interferes with employees' expectancy of entitlement benefits. Though existing state Unemployment Compensation statutes sanction both unemployed workers claiming benefits and employers for making fraudulent statements, these provisions approach the issue of fraud too narrowly to combat this growing problem. Meanwhile, no existing remedy properly compensates victims of this sort of abuse, adequately deters abusive behavior by scaling the penalty to the harm, and is accessible to economically disadvantaged plaintiffs. As well as providing an analysis of the specific problem …