Law Commons^™

Beyond The Cat’S Paw: An Argument For Adopting A “Substantially Influences” Standard For Title Vii And Adea Liability, Tim Davis

The University of New Hampshire Law Review

[Excerpt] “Susan, an African-American nurse, has worked for a large group of physicians for nearly twenty years and is nearing the end of her career. Susan’s boss has recently retired and has been replaced by a man with an animus toward African-Americans. This has put Susan in a precarious situation.

Instead of overtly discriminating against her, Susan’s supervisor complains to the large medical practice’s personnel committee that Susan’s work is substandard and she no longer is a productive worker. The committee, based on the supervisor’s report, fires Susan.

When Susan goes to court to assert her right not to be …

Title Vii And The Protection Of Minority Languages In The American Workplace: The Search For A Justification, James Leonard

Missouri Law Review

My purpose in this Article is to examine possible justifications for the EEOC's language rules under Title VII. Part II provides necessary background information, describing the EEOC rule system as well as the threegeneration process of English acquisition in immigrant families. The remainder of the Article is devoted to potential normative explanations for the EEOC rules. Part III asks whether the Guidelines promote equality interests while Parts IV and V question whether they vindicate personal autonomy or multicultural interests, respectively. I conclude that none of these arguments offers a sufficient justification for interfering with managerial judgments.

Employers On The Fence: A Guide To The Immigratory Workplace, Natalie Prescott

Natalie Prescott

The Article discusses potential problems employers across the nation face when hiring, promoting, or employing foreign workers. It gives practical advice to employers on how to prevent discriminatory practices and avoid discrimination lawsuits and penalties and serves as an abbreviated employer's manual to immigration law.

English Only At Work, Por Favor, Natalie Prescott

Natalie Prescott

Whether or not employees can be required to speak only English at work is a very delicate question. This issue has caused considerable disagreement among courts and legal scholars and gained greater prominence in 2006, when the Tenth Circuit Court of Appeals created a circuit split by allowing for the possibility that an English-only rule may violate Title VII. Some scholars have attempted to address the legality of an English-only rule, mostly arguing that the rule violates Title VII. This Article, however, explains why Title VII does not apply to an English-only rule. The Article addresses a wide range of …

Silenced Citizens: The Post-Garcetti Landscape For Public Sector Employees Working In National Security, Jamie Sasser

University of Richmond Law Review

No abstract provided.