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Articles 1 - 30 of 76
Full-Text Articles in Law
Mission Impossible: On Baker, Equal Benefits, And The Imposition Of Stigma, Mark Strasser
Mission Impossible: On Baker, Equal Benefits, And The Imposition Of Stigma, Mark Strasser
William & Mary Bill of Rights Journal
In Baker v. State, the Vermont Supreme Court held that the state constitution required same-sex couples be afforded the same benefits and protections that married couples receive. While the state did not need to recognize same-sex marriage, at the very least, it needed to create a parallel system providing equal benefits. Professor Mark Strasser argues that a civil union alternative ultimately would not meet the court's requirements because it cannot possibly provide this requisite equality. His central concern is the differing treatment that same-sex marriage and domestic partnerships receive from other states. Additionally, Professor Strasser notes that such a system …
Deference And Disability Discrimination, Rebecca Hanner White
Deference And Disability Discrimination, Rebecca Hanner White
Michigan Law Review
For thirty-five years, the civil rights community has paid scant attention to administrative law principles. Those interested in advancing on-the-job equality for this country's working men and women (or in preserving employer autonomy vis-a-vis federal encroachment) have all but ignored what many consider the arcane technicalities of administrative law. This state of affairs is strange when one considers that administration and enforcement of each of our major federal laws outlawing employment discrimination have been confided to an administrative agency, the Equal Employment Opportunity Commission ("EEOC"). The EEOC, however, has historically been given short shrift by litigants and by the judiciary. …
Are You Breaking Some Sort Of Law?: Protecting An Employee's Informal Complaints Under The Fair Labor Standards Act's Anti-Retaliation Provision, Jennifer Lynne Redmond
Are You Breaking Some Sort Of Law?: Protecting An Employee's Informal Complaints Under The Fair Labor Standards Act's Anti-Retaliation Provision, Jennifer Lynne Redmond
William & Mary Law Review
No abstract provided.
No Harm, No Fraud: The Invalidity Of State Fraud Claims Brought Against Employment Testers, Robert T. Roos
No Harm, No Fraud: The Invalidity Of State Fraud Claims Brought Against Employment Testers, Robert T. Roos
Vanderbilt Law Review
In the summer of 1995, two female African-American students at Northwestern University began their summer jobs as part of the Legal Assistance Foundation of Chicago's ("LAFC") employment discrimination testing project.' The women, Kyra Kyles and Lolita Pierce, were hired as employment "testers" for the project, where they were to gather data about Chicago-area employers by taking part in the application process for numerous potential jobs. As part of the testing process, the project manager paired Kyles and Pierce with two white female LAFC employees, forming a pair of interviewing teams that each consisted of one African-American tester and one white …
"Latin Players On The Cheap:" Professional Baseball Recruitment In Latin America And The Neocolonialist Tradition, Samuel O. Regalado
"Latin Players On The Cheap:" Professional Baseball Recruitment In Latin America And The Neocolonialist Tradition, Samuel O. Regalado
Indiana Journal of Global Legal Studies
No abstract provided.
Sexual Harassment, Prostitution, And The Tort Of Abusive Discharge: An Analysis And Evaluation Of Recent Legal Developments, John A. Gray
Sexual Harassment, Prostitution, And The Tort Of Abusive Discharge: An Analysis And Evaluation Of Recent Legal Developments, John A. Gray
Buffalo Women's Law Journal
No abstract provided.
Performance Indicator Analysis Of Proficiency Criteria In The Drug-Testing-Laboratory Certification Process Of The Dhhs, John M. Gleason, Darold T. Barnum
Performance Indicator Analysis Of Proficiency Criteria In The Drug-Testing-Laboratory Certification Process Of The Dhhs, John M. Gleason, Darold T. Barnum
RISK: Health, Safety & Environment (1990-2002)
The authors highlight and propose remedies for problems in the proficiency criteria used in certifying laboratories for drug testing federal employees in the United States.
Domestic Technological Innovation: An Approach To Solving South Korea's Labor Problems, Jeffrey F. Dickerman
Domestic Technological Innovation: An Approach To Solving South Korea's Labor Problems, Jeffrey F. Dickerman
Washington International Law Journal
When Korea' became a democracy in 1987, Korea's militant labor movement erupted into a series of nationwide protests and explosive labor strikes. As a consequence, Korea's new democratic government enacted progressive labor laws aimed at increasing wages and improving working conditions for laborers. However, these new progressive labor laws lowered the productivity of businesses. Consequently, many Korean goods could no longer compete in the global market and Korean businesses faced bankruptcy. Tension now exists between Korean businesses and workers as each side attempts to regulate the Korean workweek. The competing interests between business and workers can be balanced by domestic …
Reassignment Under The Americans With Disabilities Act: Reasonable Accommodation, Affirmative Action, Or Both?, Stephen F. Befort, Tracey Holmes Donesky
Reassignment Under The Americans With Disabilities Act: Reasonable Accommodation, Affirmative Action, Or Both?, Stephen F. Befort, Tracey Holmes Donesky
Washington and Lee Law Review
No abstract provided.
The Failure Of The Integrated Enterprise Test: Why Courts Need To Find New Answers To The Multiple-Employer Puzzle In Federal Discrimination Cases, Mark Crandley
Indiana Law Journal
No abstract provided.
Employment Discrimination, Peter Reed Corbin, John E. Duvall
Employment Discrimination, Peter Reed Corbin, John E. Duvall
Mercer Law Review
The 1999 survey period was another active year for employment discrimination litigation in the Eleventh Circuit and before the United States Supreme Court. In addition to the many cases decided by the Eleventh Circuit, the Supreme Court rendered several key decisions defining the scope of the Americans with Disabilities Act and redefining the concept of sovereign immunity. The Court also set standards for punitive damages awards under Title VII. Each of these decisions are discussed in detail below.
Reclaiming The Labor Movement Through Union Dues? A Postmodern Perspective In The Mirror Of Public Choice Theory, Harry G. Hutchison
Reclaiming The Labor Movement Through Union Dues? A Postmodern Perspective In The Mirror Of Public Choice Theory, Harry G. Hutchison
University of Michigan Journal of Law Reform
The National Labor Relations Board's (NLRB) seeming powerlessness to process dues objector cases has led to a proliferation of state sponsored "paycheck protection" laws and popular referenda devised to ensure that workers will not be obliged to pay dues for non-germane purposes. Recently, California captured national attention as the site of a richly contested paycheck protection referendum. Such proposals have electrified union advocates and have enlivened the debate over the proper use of union dues. In addition, recent attempts to reform campaign finance have run aground on the thorny issue of union political contributions (both in-kind and in cash). Concurrently, …
Business-Only E-Mail Policies In The Labor Organizing Context: It Is Time To Recognize Employee And Employer Rights, Allegra Kirsten Weiner
Business-Only E-Mail Policies In The Labor Organizing Context: It Is Time To Recognize Employee And Employer Rights, Allegra Kirsten Weiner
Federal Communications Law Journal
Cyberspace changed communication in the workplace. Now that employees are on employers' e-mail systems, union organizers can contact employees in the workplace, during working hours, without any of the obstacles that more traditional forms of union communication impose. Of course this new technologically-advanced labor organizing is ideal for the labor organizers, but it also interferes with the rights of employers. Which groups interests' prevail? Unfortunately there is no precedent. Normally, adherence to the National Labor Relations Board (NLRB) decisions is the answer but no case has come before the NLRB that solves this issue. Therefore, employers and employees are left …
Stumbling At The Finish Line: Employment Discrimination And The Utah Supreme Court In Burton V. Exam Center Industrial, Evan S. Tilton
Stumbling At The Finish Line: Employment Discrimination And The Utah Supreme Court In Burton V. Exam Center Industrial, Evan S. Tilton
BYU Law Review
No abstract provided.
The Pursuit Of Proceeds By Plans, Participants And Plaintiffs' Lawyers: Dissonant Solutions To An Alliterative Problem, John R. Cella Jr.
The Pursuit Of Proceeds By Plans, Participants And Plaintiffs' Lawyers: Dissonant Solutions To An Alliterative Problem, John R. Cella Jr.
Campbell Law Review
With emphasis on developments in the Fourth Circuit, this Article first describes the pursuit's origination in plan language and ERISA's statutory provisions; it then explores ERISA preemption and cases in which injured participants invoke state statutory and common law to contradict plan terms. A review of the attorney's role follows, including an inquiry into issues concerning attorney fees. With consideration of policies behind ERISA, the Article concludes that adherence to well-drafted plan terms legitimizes the parties' bargain, avoids development of disparate federal common law, and facilitates the allocation of proceeds.
Domestic Partner Benefits Limited To Same-Sex Couples: Sex Discrimination Under Title Vii, Paul R. Lynd
Domestic Partner Benefits Limited To Same-Sex Couples: Sex Discrimination Under Title Vii, Paul R. Lynd
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Price Waterhouse: Alive And Well Under The Age Discrimination In Employment Act, H.Lane Dennard Jr., Kendall L. Kelly
Price Waterhouse: Alive And Well Under The Age Discrimination In Employment Act, H.Lane Dennard Jr., Kendall L. Kelly
Mercer Law Review
Judicial application of the Age Discrimination in Employment Act of 1967 ("ADEA") may be the most divergent of the employment discrimination laws because the ADEA is a hybrid of two statutes: Title VII of the Civil Rights Act of 19642 ("Title VII") and the Fair Labor Standards Act of 1938 ("FLSA"). The ADEA incorporates only selected portions of each of these statutes. For example, the general prohibition against age discrimination contained in the ADEA parallels the substantive provisions of Title VII, while the remedial provisions mirror, at least in part, the FLSA. Courts, however, have generally approached the ADEA in …
The Mixed-Motive Defense In Workplace Discrimination Actions And Its Procedural Issues In The Eleventh Circuit, Richard A. Weller
The Mixed-Motive Defense In Workplace Discrimination Actions And Its Procedural Issues In The Eleventh Circuit, Richard A. Weller
Mercer Law Review
Being fired from one's place of employment is an unfortunate incident that many Americans face on one or more occasions during their lifetimes. Discharged employees obviously experience some degree of economic loss by losing salaries and benefits. Even when rightfully discharged, employees may suffer emotional and psychological harm because of their perceived failure. This harm may be magnified when the employee has been discharged for wrongful, illegal reasons.
However, in some cases an employer may have legitimate, legal reasons to terminate an employee and simultaneously have illegal, discriminatory reasons. In such a "mixed-motives" situation, employers may be able to limit …
Mixed-Motive Cases On Employment Discrimination Law Revisited: A Brief Updated View Of The Swamp, Robert Belton
Mixed-Motive Cases On Employment Discrimination Law Revisited: A Brief Updated View Of The Swamp, Robert Belton
Mercer Law Review
In 1973 the Supreme Court enunciated an analytical framework in McDonnell Douglas Corp. v. Green with the purpose of providing plaintiffs in statutory employment discrimination cases a full and fair opportunity to prove intentional discrimination despite the unavailability of direct evidence. The McDonnell Douglas framework is used primarily in cases litigated under the disparate treatment theory of discrimination and is based upon presumptions and burden-shifting schemes. McDonnell Douglas was the predominant analytical framework for statutory employment discrimination cases until the Supreme Court decided Price Waterhouse v. Hopkins in 1989. ...
Congress overturned the fundamental holding of Price Waterhouse in the …
State Action And The Enforcement Of Compulsory Arbitration Agreements Against Employment Discrimination Claims, Jeffrey L. Fisher
State Action And The Enforcement Of Compulsory Arbitration Agreements Against Employment Discrimination Claims, Jeffrey L. Fisher
Hofstra Labor & Employment Law Journal
No abstract provided.
Employment Benefits: Will Your Significant Other Be Covered?, Renee M. Scire, Christopher A. Raimondi
Employment Benefits: Will Your Significant Other Be Covered?, Renee M. Scire, Christopher A. Raimondi
Hofstra Labor & Employment Law Journal
No abstract provided.
The Struggle For Human Rights, Harry Wu
The Struggle For Human Rights, Harry Wu
Hofstra Labor & Employment Law Journal
No abstract provided.
The Use (Or Abuse) Of Expert Witnesses In Post-Daubert Employment Litigation, Bruce D. Black
The Use (Or Abuse) Of Expert Witnesses In Post-Daubert Employment Litigation, Bruce D. Black
Hofstra Labor & Employment Law Journal
No abstract provided.
Convocation Inaugurating The Samuel M. Kaynard Distinguished Visiting Professorship In Labor And Employment Law, Stuart Rabinowitz, Eric J. Schmertz, Shuart M. James, John D. Feerick, Meryl R. Kaynard, Ann Kaynard
Convocation Inaugurating The Samuel M. Kaynard Distinguished Visiting Professorship In Labor And Employment Law, Stuart Rabinowitz, Eric J. Schmertz, Shuart M. James, John D. Feerick, Meryl R. Kaynard, Ann Kaynard
Hofstra Labor & Employment Law Journal
No abstract provided.
Conceptions Of Fairness And The Fair Labor Standards Act, Seth D. Harris
Conceptions Of Fairness And The Fair Labor Standards Act, Seth D. Harris
Hofstra Labor & Employment Law Journal
This article uses the history of the Fair Labor Standards Act's minimum wage provisions to examine how statutes that benefit interests that are comparatively weak in the political market become law. The article tracks the history of the American debate over fairness in wages beginning with the demise of slavery through the passage of the Fair Labor Standards Act in 1938 in search of an answer. The search yields two answers. The first answer is that bargaining power is dynamic, not static. The article discusses the socio-economic crises and effective political advocacy by living wage proponents that changed the political …
The Right Of Attorneys To Unionize, Collectively Bargain, And Strike: Legal And Ethical Considerations*, Laura Midwood, Amy Vitacco
The Right Of Attorneys To Unionize, Collectively Bargain, And Strike: Legal And Ethical Considerations*, Laura Midwood, Amy Vitacco
Hofstra Labor & Employment Law Journal
No abstract provided.
You Cannot Choke Your Boss & (And) Hold Your Job Unless You Play In The Nba: The Latrell Sprewell Incident Undermines Disciplinary Authority In The Nba, Roger A. Javier
You Cannot Choke Your Boss & (And) Hold Your Job Unless You Play In The Nba: The Latrell Sprewell Incident Undermines Disciplinary Authority In The Nba, Roger A. Javier
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Putting Gilmer Where It Belongs: The Faa's Labor Exemption, David E. Feller
Putting Gilmer Where It Belongs: The Faa's Labor Exemption, David E. Feller
Hofstra Labor & Employment Law Journal
Relying on the Federal Arbitration Act, the Supreme Court in Gilmer v. Interstate/Johnson-Lane Corp. enforced an agreement to arbitrate all disputes to prevent judicial adjudication of a claim under the Americans With Disabilities Act. That decision has led employers of millions of workers to require an agreement to arbitrate future claims of violations of all statutes protecting employment rights as a condition of getting or keeping a job. This article argues that the exemption in Section 1 of the Act of "contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce" …
Striking Bargains: The At-Will Employment Of Permanent Strike Replacements, Michael D. Moberly
Striking Bargains: The At-Will Employment Of Permanent Strike Replacements, Michael D. Moberly
Hofstra Labor & Employment Law Journal
No abstract provided.
The Group Legal Plan Revolution: Bright Horizon Or Dark Future?, Brian Heid, Eitan Misulovin
The Group Legal Plan Revolution: Bright Horizon Or Dark Future?, Brian Heid, Eitan Misulovin
Hofstra Labor & Employment Law Journal
No abstract provided.