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Articles 1 - 6 of 6
Full-Text Articles in Law
Protecting Workers From Genetic Discrimination, Karen H. Rothenberg
Protecting Workers From Genetic Discrimination, Karen H. Rothenberg
Karen H. Rothenberg
No abstract provided.
Transfer As An Accommodation: Standards From Discrimination Cases And Theory, Stacy A. Hickox
Transfer As An Accommodation: Standards From Discrimination Cases And Theory, Stacy A. Hickox
Stacy A. Hickox
This article explores the conflict between the desire of an employee with a disability to transfer as an accommodation and an employer’s belief that another applicant for that position is better qualified. Federal circuit courts disagree as to whether the accommodation requirements of the Americans with Disabilities Act extend to the transfer of an employee as an accommodation if the employer believes that some other person is better qualified for that position. After exploring this conflict among the courts, a review of cases where an applicant for hire or promotion has alleged discrimination provides guidance for courts reviewing the denial …
Artfully Discriminating: How Hall V. Nalco Co. Applies Title Vii To Adverse Employment Actions Based On Assisted Reproduction Technologies, Patrick F. Madden
Artfully Discriminating: How Hall V. Nalco Co. Applies Title Vii To Adverse Employment Actions Based On Assisted Reproduction Technologies, Patrick F. Madden
Patrick F. Madden
No abstract provided.
Lashing Back At The Ada Backlash: How The Americans With Disabilities Act Benefits Americans Without Disabilities, Michelle A. Travis
Lashing Back At The Ada Backlash: How The Americans With Disabilities Act Benefits Americans Without Disabilities, Michelle A. Travis
Michelle A. Travis
This Article applies Professor Derrick Bell's interest convergence hypothesis to the disability context. By identifying how the ADA benefits nondisabled workers, this Article challenges the notion that advancing equality for individuals with disabilities necessarily comes at the expense of the nondisabled workforce. Many scholars have documented the socio-legal backlash against the ADA, particularly the ADA's reasonable accommodation mandate. This backlash is fueled in part by a belief that the ADA is a form of social welfare, rather than an antidiscrimination law, and that the accommodation mandate requires affirmative action or preferential treatment, rather than merely ensuring equal employment opportunities. More …
The Trouble With Twombly: A Proposed Pleading Standard For Employment Discrimination Cases, Joseph A. Seiner
The Trouble With Twombly: A Proposed Pleading Standard For Employment Discrimination Cases, Joseph A. Seiner
Joseph A. Seiner
Amorphous. This is how the Supreme Court’s recent pleading paradigm has been appropriately described. In Bell Atlantic Corp. v. Twombly, the Supreme Court abandoned the well-known pleading standard it had adopted fifty years earlier in Conley v. Gibson that a complaint should be dismissed only where there is no set of facts that could entitle the plaintiff to relief. In its place, the Court adopted a new rule that the pleadings must set forth sufficient facts to state a plausible claim. Though Twombly arose in the context of an antitrust case, its holding has already been extended by the lower …
The Pda's Causation Effect: Observations Of An Unreasonable Woman, Michelle A. Travis
The Pda's Causation Effect: Observations Of An Unreasonable Woman, Michelle A. Travis
Michelle A. Travis
While many scholars rightfully have critiqued the Pregnancy Discrimination Act (“PDA”) as falling short of achieving the ultimate goal of equal employment opportunities for women, this Article reveals one of the PDA’s most important successes. By recognizing pregnant women as a “given” in the workplace, the PDA launched a quiet revolution in the way that judges make causal attributions for adverse employment outcomes. Specifically, the PDA provided judges with the conceptual tools that were needed to help shift causal attributions to an employer, rather than attributing a pregnant woman’s struggles in the workplace to her own decision to become a …