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Full-Text Articles in Law
Flying Without A Statutory Basis: Why Mcdonnell Douglas Is Not Justified By Any Statutory Construction Methodology, Sandra F. Sperino
Flying Without A Statutory Basis: Why Mcdonnell Douglas Is Not Justified By Any Statutory Construction Methodology, Sandra F. Sperino
Faculty Articles and Other Publications
The McDonnell-Douglas three-part burden-shifting framework has come under increasing attack in recent years. While policy arguments in favor of eliminating the standard are important, one of the strongest arguments in favor if its demise, is that the standard was adopted without proper regard to the operative text, the legislative history, and the broad policies of Title VII. This Article examines the McDonnell-Douglas framework through four leading models of statutory construction and concludes that a satisfactory statutory justification for the test is lacking. While it arguably may have been appropriate to justify this lapse in the past by claiming that the …
Sky Remains Intact: Why Allowing Subgroup Evidence Is Consistent With The Age Discrimination In Employment Act, Sandra F. Sperino
Sky Remains Intact: Why Allowing Subgroup Evidence Is Consistent With The Age Discrimination In Employment Act, Sandra F. Sperino
Faculty Articles and Other Publications
Employers' stereotypes about the effect of age on employment are not consistent across the entire group of individuals age forty and older. It is intuitive to believe that employers may view employees in their forties as being in their employment prime, while believing that employees in their sixties are not.' Likewise, perceptions of age may vary dramatically depending on the age of the decision-maker. Common sense tells us that a supervisor in his or her forties may create policies that are neutral or positive toward individuals in that age range, while either intentionally or unintentionally engaging in employment practices that …
Under Construction: Questioning Whether Statutory Construction Principles Justify Individual Liability Under The Family And Medical Leave Act, Sandra F. Sperino
Under Construction: Questioning Whether Statutory Construction Principles Justify Individual Liability Under The Family And Medical Leave Act, Sandra F. Sperino
Faculty Articles and Other Publications
The question of whether individuals can be personally liable under the Family and Medical Leave Act ("FMLA") has been percolating in the federal courts for more than a decade. Over this period, district courts throughout the country have consistently held that individuals working for private employers can be held liable for FMLA violations. Given the length of time over which the courts have been considering this issue, it would seem safe to assume that the courts have fully examined the factors that might lead to individual liability, such as the FMLA's statutory language, other courts' interpretations of similar language, the …