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- Employment (2)
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- Antinepotism (1)
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- Book review (1)
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- David E. Bernstein (1)
- Discrimination in Employment (1)
- Employer Liability (1)
- Employment law (1)
- Family (1)
- Faragher v. City of Boca Raton (524 U.S. 775 (1998)) (1)
- Labor (1)
- No-spouse rules (1)
- People with Disbailities (1)
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- SCOTUS (1)
- Sexual Harassment (1)
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- Working families (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover
After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover
Faculty Publications
In this Article, Professor Grover argues that courts too readily allow employers to avoid vicarious liability far supervisors' unlawful sexual harassment of subordinates. The Article explores the breadth of the affirmative defense first introduced in the Supreme Court's 1998 cases of Faragher v. Boca Raton and Burlington Indus., Inc. v. Ellerth. That defense clears an employer of liability for a supervisor's unlawful sexual harassment if (a) the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer …
Contract Rights And Civil Rights, Davison M. Douglas
Contract Rights And Civil Rights, Davison M. Douglas
Faculty Publications
No abstract provided.
Spouses Need Not Apply: The Legality Of Antinepotism And No-Spouse Rules , Rafael Gely, Timothy D. Chandler, Jack Howard, Robin Cheramie
Spouses Need Not Apply: The Legality Of Antinepotism And No-Spouse Rules , Rafael Gely, Timothy D. Chandler, Jack Howard, Robin Cheramie
Faculty Publications
We begin this analysis in Part II with a brief discussion of employment policies that have been adopted to meet the unique needs of working families. Interestingly, these practices often exist contemporaneously with policies that restrict employment opportunities for dual-earner couples, namely antinepotism and no-spouse rules. In Part III, we present the results of our comprehensive analysis of case law in this area to show the nature of legal challenges to antinepotism and no-spouse rules and how they have been decided by the courts. In Part IV, we describe the legislative framework under which MSD claims have been raised and …
Supreme Court Employment Law Cases 2001-02 Term, Rafael Gely
Supreme Court Employment Law Cases 2001-02 Term, Rafael Gely
Faculty Publications
I set two simple objectives for the article. First, the article will summarize each of the cases. My intent is to provide those unfamiliar with the cases a brief review of the facts and a summary of the Court's reasoning. Parts II through VI provide this discussion, grouping the cases by subject area. Second, in Part VII, the article provides a "big picture" analysis of the various cases. My intent is to identify trends, issues, interesting aspects and features of the Court's term. My objective is to aid in our understanding of the patterns that might affect the Court's treatment …
Disability, Employment Policy, And The Supreme Court, Michael Ashley Stein
Disability, Employment Policy, And The Supreme Court, Michael Ashley Stein
Faculty Publications
No abstract provided.