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Full-Text Articles in Law
Labor And Employment Law, Eric Wallace
Labor And Employment Law, Eric Wallace
Law Student Publications
During the past two years, there have been several significant developments in labor and employment law, both on the state and federal levels. Because developments in both state and federal law likely will have a profound impact on employers and employees throughout Virginia, they warrant significant discussion in this survey. In addition to examining notable decisions from the Supreme Court of the United States, the United States Court of Appeals for the Fourth Circuit, and the United States District Courts for the Eastern District and Western District of Virginia, this survey also discusses decisions of the Supreme Court of Virginia …
Strategies For Combating Sexual Harassment: The Role Of Labor Unions, Ann C. Hodges
Strategies For Combating Sexual Harassment: The Role Of Labor Unions, Ann C. Hodges
Law Faculty Publications
This article will discuss the role that unions do play and the role that they can play in eliminating workplace harassment. First, the article will discuss the problem of harassment in the workplace, documenting its frequency and analyzing its forms. Section II will include an examination of harassment in the unionized workplace. Section III will propose a number of reasons that unions should take the lead in addressing workplace harassment, some focused on workers' rights and others on union selfinterest. Finally, in Section IV, the article will recommend several approaches for unions that desire to be in the vanguard of …
(Un)Welcome Conduct And The Sexually Hostile Environment, Henry L. Chambers, Jr.
(Un)Welcome Conduct And The Sexually Hostile Environment, Henry L. Chambers, Jr.
Law Faculty Publications
As courts refine the theory underlying sexual harassment and sex discrimination, the unwelcomeness inquiry may become irrelevant to determining whether gender-based conduct is sexually harassing. In addition, the one possible remaining purpose that the unwelcomeness requirement may serve-providing notice to a putative harasser or its employer-is now served by an affirmative defense applicable to many sexual harassment claims. Consequently, its role should be reexamined. This Article does that. Part I of the Article describes a hypothetical situation that provides a context in which to consider unwelcomeness. Part II provides a brief overview of the evolving sexual harassment jurisprudence. Part III …
A Unifying Theory Of Sex Discrimination, Henry L. Chambers, Jr.
A Unifying Theory Of Sex Discrimination, Henry L. Chambers, Jr.
Law Faculty Publications
The structure of this Article is as follows. Part I consists of a hypothetical situation which will be referenced throughout the Article to illustrate sex discrimination jurisprudence. Part II describes the Supreme Court's disparate treatment jurisprudence. Part III describes the Court's restructuring of sexual harassment jurisprudence. Finally, Part IV examines the elimination of the distinction between sexual harassment and disparate treatment and its implications, including the new hostile work environment disparate treatment claim.