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Articles 1 - 6 of 6
Full-Text Articles in Law
Direct Threat Defense Under The Ada: Posing A Threat To The Protection Of Disabled Employees, The, Rene L. Duncan
Direct Threat Defense Under The Ada: Posing A Threat To The Protection Of Disabled Employees, The, Rene L. Duncan
Missouri Law Review
The Americans with Disabilities Act was passed with intentions of eliminating stereotypes and fear towards disabled individuals and their ability to function and contribute to society. In the employment context, the Act will not permit an employer to refuse to hire an individual solely because of that person's disability. However, it will permit the employer to defend such action when limitations caused by an individual's disability rise to the level of a direct threat to the safety of others. When an employer raises such a defense, circuit courts are split as to whether the burden of proving the existence or …
The Newest Way To Screen Job Applicants: A Social Networker's Nightmare, Carly Brandenburg
The Newest Way To Screen Job Applicants: A Social Networker's Nightmare, Carly Brandenburg
Federal Communications Law Journal
Social networking is an easy way to share information with friends, family, and the company that just offered you an interview. Employers are utilizing all of the tools available to them as they strive to hire the right people, and this means that social networkers may need to self censor in order to protect their information from falling into the wrong hands. This Note questions whether social networkers can legally expect or enjoy any right to privacy with respect to their online postings.
Whistling While You Work: Expanding Whistleblower Laws To Include Non-Workplace-Related Retaliation After Burlington Northern V. White, Robert Johnson
Whistling While You Work: Expanding Whistleblower Laws To Include Non-Workplace-Related Retaliation After Burlington Northern V. White, Robert Johnson
University of Richmond Law Review
This comment will not attempt to harmonize the different standards or predict a future course of interpretation. Instead, it will address the existing disparity as an opportunity to amend whistleblower laws to provide meaningful protection against alltypes of retaliation, not just those that affect the whistleblower's terms or conditions ofemployment. With this broad goal as a basis, this comment will specifically advocate amending all federal whistleblower statutes' retaliation provisions to conform to Title VII's retaliation provision. This would eliminate the requirement that the retaliation affect the terms or conditions of employment and incorporate the public policy rationale outlined in Burlington …
Enforcing Femininity: How Jespersen V. Harrah's Operating Co. Leaves Women In Typically Female Jobs Vulnerable To Workplace Sex Discrimination, Amy Lifson-Leu
Enforcing Femininity: How Jespersen V. Harrah's Operating Co. Leaves Women In Typically Female Jobs Vulnerable To Workplace Sex Discrimination, Amy Lifson-Leu
University of San Francisco Law Review
This Comment argues that the Ninth Circuit was mistaken in concluding that Jespersen fell outside of the Supreme Court's rule on sex-stereotyping discrimination under Title VII of the Civil Rights Act of 1964.
Friend Or Foe: Reasonable Noncompete Restrictions Can Benefit Corporate In-House Counsel And Protect Corporate Employers, Barbara C. Bentrup
Friend Or Foe: Reasonable Noncompete Restrictions Can Benefit Corporate In-House Counsel And Protect Corporate Employers, Barbara C. Bentrup
Saint Louis University Law Journal
No abstract provided.
Erisa, Agency Costs, And The Future Of Health Care In The United States, John Bronsteen, Brendan S. Maher, Peter K. Stris
Erisa, Agency Costs, And The Future Of Health Care In The United States, John Bronsteen, Brendan S. Maher, Peter K. Stris
Fordham Law Review
Because so many Americans receive health insurance through their employers, the Employee Retirement Income Security Act (ERISA) of 1974 plays a dominant role in the delivery of health care in the United States. The ERISA system enables employers and insurers to save money by providing inadequate health care to employees, thereby creating incentives for these agents to act contrary to the interests of their principals. Such agency costs play a significant role in the current health care crisis and require attention when considering reform. We evaluate the two major health care reform movements by exploring the extent to which each …