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Full-Text Articles in Law
Defining A Retaliatory Adverse Action From Wideman To Shotz: The Legitimacy Of The Eleventh Circuit's Retaliation Case Law, Jonathan M. Gallant
Defining A Retaliatory Adverse Action From Wideman To Shotz: The Legitimacy Of The Eleventh Circuit's Retaliation Case Law, Jonathan M. Gallant
Georgia State University Law Review
No abstract provided.
Lack Of Meaningful Choice Defined: Your Job Vs. Your Right To Sue In A Judicial Forum, Sara Lingafelter
Lack Of Meaningful Choice Defined: Your Job Vs. Your Right To Sue In A Judicial Forum, Sara Lingafelter
Seattle University Law Review
Mandatory arbitration agreements subvert an employee's constitutional right to a judicial forum and generally place unfair burdens on plaintiffs. An employee faced with the option of either signing a mandatory arbitration agreement or losing a job often has no meaningful choice. The Supreme Court, however, has failed to recognize first that Congress did not intend for mandatory arbitration to extend to Title VII claims and second, that employers often leave employees with no meaningful choice regarding mandatory arbitration. Nonetheless, state and federal judges are increasingly recognizing that arbitration agreements may be the product of procedural unconscionability. Accordingly, when employees are …
Reeves V. Sanderson Plumbing Products: The Emperor Has No Clothes - Pretext Plus Is Alive And Kicking., Matthew R. Scott, Russell D. Chapman
Reeves V. Sanderson Plumbing Products: The Emperor Has No Clothes - Pretext Plus Is Alive And Kicking., Matthew R. Scott, Russell D. Chapman
St. Mary's Law Journal
Before the Supreme Court’s decision in Reeves v. Sanderson Plumbing Products, Inc., the Fifth Circuit’s en banc decision in Rhodes v. Guiberson Oil Tools established the proper standard of causation in employment discrimination cases. The plaintiff must prove his or her protected trait was the “determinative reason” for the challenged employment action. Following Reeves, which appeared to overrule Rhodes and the doctrine of pretext plus, the Fifth Circuit struggled with the causation question. Despite the apparent confusion, the Fifth Circuit has largely reaffirmed not only its commitment to the Rhodes pretext-plus analysis, but also the determinative-reason standard for pretext cases. …
Walking The Walk Of Plain Text: The Supreme Court’S Markedly More Solicitous Treatment Of Title Vii Following The Civil Rights Act Of 1991, Harold S. Lewis Jr.
Walking The Walk Of Plain Text: The Supreme Court’S Markedly More Solicitous Treatment Of Title Vii Following The Civil Rights Act Of 1991, Harold S. Lewis Jr.
Saint Louis University Law Journal
No abstract provided.