Law Commons^™

Employer Sexual Harassment Liability Under Agency Principles:A Second Look At Meritor Savingsbank, Fsb V. Vinson, Michael J. Phillips

Vanderbilt Law Review

With its 1986 decision in Meritor Savings Bank, FSB v. Vinson,the United States Supreme Court put its imprimatur on the Title VII sexual harassment cause of action that had emerged over the preceding decade. Early commentary on the case tended to emphasize this aspect of the Court's decision or to speculate about Meritor's impact on the future course of Title VII sexual harassment litigation. Getting relatively short shrift in this early commentary, however, was the Court's command that "agency principles" --the common law of agency-- be consulted to determine an employer's liability for harassment committed by its employees.' As subsequent …

A Market Analysis Of Anticompetition Agreements In Labor Contracts, York Moody Faulkner

BYU Law Review

No abstract provided.

Two (Federal) Wrongs Make A (State) Right: State Class Action Procedures As An Alternative To The Opt-In Class Action Provisions Of The Adea, Janet M. Bowermaster

University of Michigan Journal of Law Reform

This Article argues that the opt-in class action of the ADEA is an anachronism and that age-discrimination litigants can take advantage of the broader protection afforded to Title VII litigants by bringing their ADEA suits as Rule 23 class actions in state courts. A comparison of the two statutes reveals similar purposes and nearly identical substantive provisions, but procedural provisions that provide less protection to victims of age discrimination, including widely disparate class-action provisions.

Coase, Rents, And Opportunity Costs, Stewart J. Schwab

Cornell Law Faculty Publications

Professor Posin is to be congratulated on his recent article in this Review, "The Coase Theorem: If Pigs Could Fly," for creating a precise example that purports to disprove the Coase Theorem. Legal scholarship should strive more towards verifiable or falsifiable statements about the law. Of course, falsifiable statements are a risky strategy, and in this case the risk has materialized. Posin's claim—that his example shows a flaw in the Coase Theorem—is false.

Posin's claim is an especially bold one, for his example deals with a shifting legal entitlement between two producers. Most successful attacks on the Coase Theorem have …

Vol. 8, No. 4, Robert S. Bates Jr.

The Illinois Public Employee Relations Report

Contents:

A Union Perspective on Central City School District 133—The Duty to Bargain over the Economically Motivated Managerial Decision to RIF and Leroy Education Association—The Duty to Bargain over the Substantive Aspects of Teacher Evaluation Plans, by Robert S. Bates, Jr.

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan

A Bang And A Whimper: Changing Labour Law In Ontario, Eric M. Tucker, Judy Fudge, Harry J. Glasbeek

Articles & Book Chapters

No abstract provided.

Labouring Outside The Charter, David M. Beatty

Osgoode Hall Law Journal

In this essay, Professor Beatty reviews the leading Charter cases decided by the Supreme Court of Canada which consider the constitutionality of a variety of different labour laws. In reasoning and result, he finds that by and large these cases provide strong support for those legal scholars who are generally sceptical of the law and critical of the courts and who predicted that, even with the Charter, it was unlikely the Court would change the antipathy judges have historically displayed to the interests of workers and their associations. However, while these legal theorists may draw some comfort from these decisions …

Drug Testing In The Workplace: A View From The Data, Michael R. Gottfredson, Carolyn Uihlein

William & Mary Law Review

No abstract provided.

Letters To The Task Force, Richard A. Epstein, Mahmoud A. Elsohly, Herbert D. Kleber, John P. Morgan

William & Mary Law Review

No abstract provided.

State-By-State Drug & Alcohol Testing Survey, Morgan, Lewis, & Bockius

William & Mary Law Review

No abstract provided.

Mass Drug Testing: The Hidden Long-Term Costs, Craig M. Cornish, Donald B. Louria

William & Mary Law Review

No abstract provided.

Proposal For A Substance Abuse Testing Act

William & Mary Law Review

No abstract provided.

Introduction: A Balanced Approach To Drug Testing In The Workplace, Paul Marcus, Rodney A. Smolla

William & Mary Law Review

No abstract provided.

Applicant Testing For Drug Use: A Policy And Legal Inquiry, Jonathan V. Holtzman

William & Mary Law Review

No abstract provided.

Alcohol And Drug Policy, Phillips Industries, Inc.

William & Mary Law Review

No abstract provided.

Notes: Termination Of Employment Contracts And Taking Advantage Of One's Wrong, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

The recent decision by Mr John Mowbray QC in Micklefield v SAC Technology Ltd brings into focus the thorny problems inherent within, first, the continuing uncertainty surrounding termination of employment contracts and, secondly, the much more general issue as to the status as well as application of the proposition that a contracting party ought not to be allowed to take advantage of his own wrong. There was a third issue taken in the case with regard to the applicability of the Unfair Contract Terms Act 1977 which will be briefly commented upon.

Employers' Views On The Value Of Older Workers : Final Report, Edmund S. Muskie Institute Of Public Affairs

Maine Collection

Employers' Views on the Value of Older Workers : Final Report

Submitted to: The AARP Andrus Foundation

Prepared by: Human Services Development Institute, Edmund S. Muskie Institute of Public Affairs, University of Southern Maine, 96 Falmouth St., Portland, Maine 04103 (August 1991).

Contents: Acknowledgements / Executive Summary / Abstract / I. Introduction and Background / II. Project Methodology / III. Findings / IV. Conclusions and Recommendations / References

The Second Circuit's Employment Discrimination Cases: An Uncertain Welcome (St. John's Law Review, Vol. 65, Issue 3 (Summer 1991), Pp. 839-874), Lewis M. Steel '63, Miriam F. Clark

Articles and Writings

No abstract provided.

Penetrating Doctrinal Camouflage: Understanding The Development Of The Law Of Wrongful Discharge, Cornelius J. Peck

Washington Law Review

American courts developed the employment-at-will doctrine during the post-Civil War period of industrial and commercial expansion. Under that doctrine, either an employer or an employee could terminate an employment contract for any reason, good or bad. In the early 1980s, state supreme courts increasingly recognized exceptions to the employment-at-will doctrine to provide greater job protection for employees. In creating those exceptions, state courts have manipulated and stretched traditional legal doctrine to camouflage their reformist program. But that camouflage which facilitated changes in the law now often obscures the original reason for departing from the employment-at-will doctrine. Some state courts, including …

Vol. 8, No. 3, Helen Elkiss, Joseph P. Yaney

The Illinois Public Employee Relations Report

Contents:

Public Sector Arbitration Decisions Related to Substance Abuse Discharge, by Helen Elkiss, Joseph P. Yaney

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan

Free Exercise: A "Hollow Promise" For The Native American In Employment Division, Department Of Human Resources Of Oregon V. Smith, Debra Ann Mermann

Mercer Law Review

In Employment Division, Department of Human Resources of Oregon v. Smith, the United States Supreme Court held that a state criminal prohibition of the use of peyote by bona fide members of the Native American Church and a subsequent denial of unemployment benefits upon their discharge for such use does not violate the free exercise clause of the first amendment of the United States Constitution. The Court determined that Oregon's prohibition of the sacramental use of peyote was a "generally applicable criminal law" and ruled that the "compelling interest" test which ordinarily applies when a state imposes a substantial …

Pregnancy And Parental Care Policies In The United States And The European Community: What Do They Tell Us About Underlying Societal Values, Anne M. Lofaso

Law Faculty Scholarship

Reaction to Felice Schwartz article, "Management Women and the New Facts of Life,"1 has added a new question to the already heated debate surrounding issues of gender discrimination: to what extent are

current pregnancy and parental care policies instruments of discrimination? This paper will explore this question by focusing on the extent to which pregnancy and parental care laws and policies in the United States and the European Community help to subordinate those women who take advantage of maternity "benefits" as well as the class of women in general.

An examination of pregnancy and parental care leave is a legitimate …

Employment Discrimination, Peter Reed Corbin, John E. Duvall

Mercer Law Review

In what no doubt will prove to be the calm before the storm, the number of cases decided in the area of employment discrimination during the 1990 survey period decreased significantly, both in the United States Supreme Court and in the United States Court of Appeals for the Eleventh Circuit. The decline in the number of Supreme Court pronouncements is not surprising, since the succession of landmark cases decided in the previous two years was truly remarkable, and such a pace realistically could not have continued. It also appears as if the Eleventh Circuit held back, waiting to see whether …

Labor Law, Diane L. Prucino, Glen P. Brock

Mercer Law Review

This Article examines certain noteworthy decisions issued by the United States Court of Appeals for the Eleventh Circuit during 1990 in the areas of traditional labor law and employee benefits. More specifically, the decisions addressed constitute the Eleventh Circuit's most recent interpretations of the National Labor Relations Act ("NLRA"), the Labor-Management Reporting and Disclosure Act of 1959 ("LMRDA"), the Railway Labor Act ("RLA"), the Fair Labor Standards Act of 1938 ("FLSA"), the Employee Retirement Income Security Act of 1974 ("ERISA"), and the Occupational Safety and Health Act of 1970 ("OSHA"). Certain other labor-related cases are also discussed.

Determining Just Cause: An Equitable Solution For The Workplace, Wendi J. Delmendo

Washington Law Review

A majority of courts now recognize that an employer's implied promise to discharge an employee only for just cause is an exception to the at-will employment doctrine. These courts, however, have not articulated a clear definition ofjust cause nor have they established a consistent standard for a jury's review of employer discharge decisions. This Comment suggests that courts develop strict guidelines for determining if an employee's conduct is just cause for discharge. Further, this Comment proposes that courts adopt a standard of review that requires the jury to balance employer and employee interests.

Fertile Women May Now Apply: Fetal Protection Policies After Johnson Controls, Barbara Ruhe Grumet

RISK: Health, Safety & Environment (1990-2002)

In its recent interpretation of Title VII of the Civil Rights Act, the U.S. Supreme Court leaves little room for permissible occupational sex discrimination. However, its decision has wider implications. Here, Professor Grumet takes a look at some of them from both a legal and a social perspective, including matters such as employees' reproductive freedom and employers' potential liability for a variety of possible injuries to employees' offspring.

Constructive Discharge: A Suggested Standard For West Virginia And Other Jurisdictions, Mark W. Kelley

West Virginia Law Review

No abstract provided.

A Contrasting View Of The Effect Of Foreign Competition On Labor Unionism In The United States, Charles R. Greer, Robert T. Rhodes

West Virginia Law Review

No abstract provided.

Labor In The Era Of Multinationalism: The Crisis In Bargained-For Fringe Benefits, Staughton Lynd, Alice Lynd

West Virginia Law Review

No abstract provided.

Private Plaintiffs' Use Of Equitable Remedies Under The Rico Statute: A Means To Reform Corrupted Labor Unions, Randy M. Mastro, Steven C. Bennett, Mary P. Donlevy

University of Michigan Journal of Law Reform

Part I of this Article outlines the government's approach to civil RICO actions involving labor unions, including an overview of the government's prior civil RICO actions and a summary of the types of issues that often arise in such actions. Part II examines the unique issues involved in a civil RICO action brought by a private plaintiff. The principal issue addressed in this Part is whether a private plaintiff can bring an action under the equitable remedies provisions of the RICO statute. This Part also addresses the issues of how a private plaintiff can gain access to information that may …