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Articles 1 - 4 of 4
Full-Text Articles in Law
Suggested Revisions To The Polish Employment Law, Christopher J. O'Leary
Suggested Revisions To The Polish Employment Law, Christopher J. O'Leary
Reports
No abstract provided.
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
Extraterritorial Employment Standards of the United States: The Regulation of the Overseas Workplace
By James Michael Zimmerman
New York, New York: Quorum Books, 1992. Pp.206.
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Fact-Finding before International Tribunals
Edited by Richard B. Lillich
Irvington-on-Hudson, New York: Transnational Publishers Inc., 1992, Pp. 338.
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International Human Rights Law in the Commonwealth Caribbean
Edited by Angela D. Byre and Bevereley Y. Byfield
Dordrecht, The Netherlands: Martinus Nijhoff Publishers, 1991. Pp. 398.
A Unified Approach To Causation In Disparate Treatment Cases: Using Sexual Harassment By Supervisors As The Causal Nexus For The Discriminatory Motivating Factor In Mixed Motive Cases, Margaret E. Johnson
A Unified Approach To Causation In Disparate Treatment Cases: Using Sexual Harassment By Supervisors As The Causal Nexus For The Discriminatory Motivating Factor In Mixed Motive Cases, Margaret E. Johnson
All Faculty Scholarship
This Comment examines a unified approach for disparate treatment mixed motives claims paired with sexual harassment claims under Title VII. The Author argues that because of the policy for nondiscriminatory and desegregated work environments embodied in Title VII, and because of the documented harm resulting from sexual harassment, courts should allow the burden of proof to shift to the defendant if the plaintiff demonstrates that her supervisor sexually harassed her, or condoned the harassment, and that the harassing supervisor made an employment decision that was adverse to her.
Internal Dispute Resolution: The Transformation Of Civil Rights In The Workplace, John M. Lande, Lauren B. Edelman, Howard S. Erlanger
Internal Dispute Resolution: The Transformation Of Civil Rights In The Workplace, John M. Lande, Lauren B. Edelman, Howard S. Erlanger
Faculty Publications
Many employers create internal procedures for the resolution of discrimination complaints. We examine internal complaint handlers' conceptions of civil rights law and the implications of those conceptions for their approach to dispute resolution. Drawing on interview data, we find that complaint handlers tend to subsume legal rights under managerial interests. They construct civil rights law as a diffuse standard of fairness, consistent with general norms of good management. Although they seek to resolve complaints to restore smooth employment relations, they tend to recast discrimination claims as typical managerial problems. While the assimilation of law into the management realm may extend …