Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Labor and Employment Law (54)
- Civil Rights and Discrimination (36)
- Constitutional Law (17)
- Legislation (13)
- Supreme Court of the United States (11)
-
- Elder Law (9)
- Litigation (9)
- Disability Law (8)
- Torts (5)
- Civil Procedure (3)
- Fourteenth Amendment (3)
- Judges (3)
- Law and Race (3)
- Administrative Law (2)
- Courts (2)
- Dispute Resolution and Arbitration (2)
- Health Law and Policy (2)
- Jurisprudence (2)
- Law and Society (2)
- Tax Law (2)
- Business Organizations Law (1)
- Comparative and Foreign Law (1)
- Education Law (1)
- Law and Gender (1)
- Sexuality and the Law (1)
- Taxation-Federal (1)
- Transnational Law (1)
- Workers' Compensation Law (1)
- Institution
-
- University of Michigan Law School (11)
- University of Richmond (11)
- University of Cincinnati College of Law (7)
- Touro University Jacob D. Fuchsberg Law Center (6)
- Selected Works (5)
-
- Cleveland State University (4)
- Maurer School of Law: Indiana University (4)
- Fordham Law School (3)
- St. John's University School of Law (3)
- University of Georgia School of Law (3)
- Chicago-Kent College of Law (2)
- Cornell University Law School (2)
- Mississippi College School of Law (2)
- University of Kentucky (2)
- University of Oklahoma College of Law (2)
- Florida A&M University College of Law (1)
- Florida State University College of Law (1)
- Georgia State University College of Law (1)
- Pepperdine University (1)
- Seattle University School of Law (1)
- SelectedWorks (1)
- The Catholic University of America, Columbus School of Law (1)
- University of Colorado Law School (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Missouri School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Washington School of Law (1)
- Valparaiso University (1)
- West Virginia University (1)
- Publication Year
- Publication
-
- University of Richmond Law Review (9)
- Faculty Articles and Other Publications (7)
- Michigan Law Review (6)
- University of Michigan Journal of Law Reform (5)
- Scholarly Works (4)
-
- Indiana Law Journal (3)
- Touro Law Review (3)
- Cleveland State Law Review (2)
- Cornell Law Faculty Publications (2)
- Faculty Publications (2)
- Fordham Urban Law Journal (2)
- Georgia Journal of International & Comparative Law (2)
- Journal Articles (2)
- Kentucky Law Journal (2)
- Law Faculty Articles and Essays (2)
- Law Faculty Publications (2)
- Oklahoma Law Review (2)
- Seventh Circuit Review (2)
- Articles by Maurer Faculty (1)
- Catholic University Law Review (1)
- Eileen Kaufman (1)
- Florida State University Law Review (1)
- Fordham Law Review (1)
- Georgia State University Law Review (1)
- Journal Publications (1)
- Journal of Health Care Law and Policy (1)
- Judith D. Fischer (1)
- Law Faculty Scholarship (1)
- Law Student Publications (1)
- Marjorie A. Silver (1)
- Publication Type
Articles 31 - 60 of 81
Full-Text Articles in Law
Defining A Retaliatory Adverse Action From Wideman To Shotz: The Legitimacy Of The Eleventh Circuit's Retaliation Case Law, Jonathan M. Gallant
Defining A Retaliatory Adverse Action From Wideman To Shotz: The Legitimacy Of The Eleventh Circuit's Retaliation Case Law, Jonathan M. Gallant
Georgia State University Law Review
No abstract provided.
Disparate Impact Of Negative Impact: Future Of Non-Intentional Discrimination Claims Brought By The Elderly, Sandra F. Sperino
Disparate Impact Of Negative Impact: Future Of Non-Intentional Discrimination Claims Brought By The Elderly, Sandra F. Sperino
Faculty Articles and Other Publications
In 2005, the U.S. Supreme Court interpreted the Age Discrimination in Employment Act (ADEA) as permitting plaintiffs to proceed under a disparate impact theory of discrimination. This decision affirms that plaintiffs who are at least forty years old may challenge employment decisions resulting from policies that are neutral on their face but have a disproportionate impact on individuals in the protected class.
Although this decision was heralded as a new tool to fight age discrimination in employment, Professor Sperino argues that the decision will have serious and detrimental effects on the ability of elderly employees to seek redress for unfavorable …
Employment Discrimination Remedies And Tax Gross Ups, Gregg D. Polsky, Stephen F. Befort
Employment Discrimination Remedies And Tax Gross Ups, Gregg D. Polsky, Stephen F. Befort
Scholarly Works
This article considers whether a successful employment discrimination plaintiff may be entitled, under current law, to receive an augmented award (a gross up) to neutralize certain adverse federal income tax consequences. The question of whether such a gross up is allowed, the resolution of which can have drastic effects on litigants, has received almost no attention from practitioners, judges, and academics. Because of the potentially enormous impact of the alternative minimum tax (AMT) on discrimination lawsuit recoveries, however, the gross up issue is now beginning to appear in reported cases.
The three principal federal anti-discrimination statutes - Title VII, the …
Supreme Court Watch, Reginald Oh
Supreme Court Watch, Reginald Oh
Law Faculty Articles and Essays
Oh discusses how the U.S. Supreme Court, in General Dynamics Land Systems, Inc. v. Cline, 124 S. Ct. 1236 (2004), settled a circuit court conflict over the viability of "reverse age discriminations" claim under the Age Discrimination in Employment Act (ADEA). The Court, in a 6-3 decision, held that statutorily protected workers over the age of forty may not bring an ADEA claim alleging that their employer discriminated against them in favor of older employees.
One Of These Things Is Not Like The Other: Analogizing Ageism To Racism In Employment Discrimination Cases, Rhonda M. Reaves
One Of These Things Is Not Like The Other: Analogizing Ageism To Racism In Employment Discrimination Cases, Rhonda M. Reaves
Journal Publications
The development of anti-discrimination law in the employment context was designed and applied with the elimination of race discrimination in mind. The expansion of anti-discrimination law to older workers has taken place within a legal system that encourages groups to present themselves as "similar to" African Americans. This article explores the difficulty of applying general anti-discrimination principles to the uniquely positioned group of older workers.
The Replacement Dilemma: An Argument For Eliminating A Non-Class Replacement Requirement In The Prima Facie Stage Of Title Vii Individual Disparate Treatment Discrimination Claims, Marla Swartz
Michigan Law Review
Although manifestations of discrimination in the workplace have changed greatly over time, employment discrimination continues to be a tremendous problem in society. By enacting Title VII of the Civil Rights Act of 1964 ("Title VII"), Congress shielded employees from arbitrary adverse employment actions arising from discrimination related to race, color, religion, sex, or national origin. Three years later, Congress passed the Age Discrimination in Employment Act ("ADEA"), guaranteeing the same protections against discrimination based on age.4 Finally, the Americans with Disabilities Act ("ADA"), passed in 1990, prohibited discrimination based on personal disability. Ten years after Congress enacted the Civil Rights …
Public Policy And The Tyranny Of The Bottom Line In The Termination Of Older Workers, Judith D. Fischer
Public Policy And The Tyranny Of The Bottom Line In The Termination Of Older Workers, Judith D. Fischer
Judith D. Fischer
This article discusses whether termination of an older worker in order to hire a younger worker for less money should be construed as a violation of the Age Discrimination in Employment Act (ADEA). Drawing on scholarship from the fields of education, business psychology, sociology, and the law, the article concludes that allowing salary-based terminations is bad public policy. In additional to harming the terminated workers, such terminations also affect the remaining employees’ morale and send younger workers the message that if they work hard and achieve high salaries, they will become prime targets for termination. The article also critiques the …
Envisioning A Future For Age And Disability Discrimination Claims, Alison Barnes
Envisioning A Future For Age And Disability Discrimination Claims, Alison Barnes
University of Michigan Journal of Law Reform
This Article considers the reasons for reinterpretations of age and disability and examines the fundamental reasons for changes in the implementation of both the ADA and ADEA. Part I presents the basic structure and relevant requirements of the two statutes and comments on the reasons their legislative purposes are not often seen as overlapping. Part II discusses the recent Supreme Court decisions that have undermined the purposes and implementation of both the ADA and ADEA and chilled causes of action based on the ADA and ADEA. Part III projects the current problems with anti-discrimination causes into the future, when older …
Dissing Congress, Ruth Colker, James J. Brudney
Dissing Congress, Ruth Colker, James J. Brudney
Michigan Law Review
The Supreme Court under Chief Justice Rehnquist's recent leadership has invalidated numerous federal laws, arguably departing from settled precedent to do so. The Rehnquist Court has held that Congress exceeded its constitutional authority in five instances during the 2000-01 Term, on four occasions during the 1999-2000 Term and in a total of twenty-nine cases since the 1994-95 Term. Commentators typically explain these decisions in federalism terms, focusing on the Court's use of its power to protect the States from an overreaching Congress. That explanation is incomplete and, in important respects, unpersuasive. The Rehnquist Court has not been as solicitous of …
Litigating Age And Disability Claims Against State And Local Government Employers In The New "Federalism" Era, Ivan E. Bodensteiner, Rosalie Levinson
Litigating Age And Disability Claims Against State And Local Government Employers In The New "Federalism" Era, Ivan E. Bodensteiner, Rosalie Levinson
Law Faculty Publications
No abstract provided.
Income Tax: Kenseth V. Commissioner: The Assignment Of Income Doctrine And Its Misapplication To Contingent Attorney's Fees, Aubree Helvey
Income Tax: Kenseth V. Commissioner: The Assignment Of Income Doctrine And Its Misapplication To Contingent Attorney's Fees, Aubree Helvey
Oklahoma Law Review
No abstract provided.
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. …
A Uniform Standard For Exemplary Damages In Employment Discrimination Cases, Judith J. Johnson
A Uniform Standard For Exemplary Damages In Employment Discrimination Cases, Judith J. Johnson
University of Richmond Law Review
The standards for exemplary damages in employment discrimination cases are in disarray. The major federal provisions that prohibit private employment discrimination, Title VII of the Civil Rights Act of 1964 ("Title VII"),2 42 U.S.C. § 1981 ("§ 1981"), the Age Discrimination in Employment Act ("ADEA"), and the Americans with Disabilities Act ("ADA"), all have an indistinguishably worded standard for assessing exemplary damages: "reckless indifference to federally protected rights."
A Uniform Standard For Exemplary Damages In Employment Discrimination Cases, Judith J. Johnson
A Uniform Standard For Exemplary Damages In Employment Discrimination Cases, Judith J. Johnson
Journal Articles
The standards for exemplary damages in employment discrimination cases are in disarray. The major federal provisions that prohibit private employment discrimination, Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 1981 ("§ 1981"), the Age Discrimination in Employment Act ("ADEA"), and the Americans with Disabilities Act ("ADA"), all have an indistinguishably worded standard for assessing exemplary damages: "reckless indifference to federally protected rights."
A Negotiation Approach To Mandatory Arbitration Contracts, Miriam A. Cherry
A Negotiation Approach To Mandatory Arbitration Contracts, Miriam A. Cherry
Faculty Publications
(Excerpt)
In Rosenberg v. Merrill Lynch, Pierce, Fenner & Smith, Inc. the First Circuit addressed whether a pre-dispute mandatory arbitration contract covered employment claims under Title VII and the Age Discrimination in Employment Act (ADEA) and was thus enforceable. The court held that while these types of arbitration contracts are theoretically enforceable, this particular contract was not. The First Circuit determined that the 1991 Civil Rights Act and the Older Worker's Benefit Protection Act did not preclude the enforcement of mandatory arbitration contracts, and that there was an insufficient showing of arbitral bias to prevent the contract's enforcement. The court, …
Unprotected Until Forty: The Limited Scope Of The Age Discrimination In Employment Act Of 1967, Bryan B. Woodruff
Unprotected Until Forty: The Limited Scope Of The Age Discrimination In Employment Act Of 1967, Bryan B. Woodruff
Indiana Law Journal
No abstract provided.
Adea Claimant Can Retain Severance Payments And Sue Former Employer, Susan J. Becker
Adea Claimant Can Retain Severance Payments And Sue Former Employer, Susan J. Becker
Law Faculty Articles and Essays
Former employees can maintain claims under the Age Discrimination in Employment Act (ADEA) without first repaying the consideration received for an invalid release of claims. The Supreme Court's pronouncement, Oubre v. Entergy Operations, Inc., 1988 U.S. Lexis 646 (Jan. 26, 1998), may change the way many employers negotiate and execute severance packages and settlements with terminated employees.
Adea Doctrinal Impediments To The Fulfillment Of The Wirtz Report Agenda, Michael C. Harper
Adea Doctrinal Impediments To The Fulfillment Of The Wirtz Report Agenda, Michael C. Harper
University of Richmond Law Review
Ideally, this symposium marking the three-decade anniversary of the Age Discrimination in Employment Act (ADEA) would present an opportunity to assess how well the ADEA has achieved its plausible goals. However, I recognize that any definitive assessment of the success of a statute like the ADEA, which requires the modification of the behavior of social actors, must depend on the kind of sophisticated empirical study for which I have neither the time, resources or capability. I also recognize that defending my identification of the goals of the ADEA might itself require an entire essay.
The Adea In The Wake Of Seminole, Edward P. Noonan
The Adea In The Wake Of Seminole, Edward P. Noonan
University of Richmond Law Review
Everyone, regardless of their sex or race, has at least one thing in common, we all get older. Nonetheless, attitudes about our elders in society differ depending on the context. Sometimes the aged are considered wise; other times they are considered incompetent. In 1967, Congress attempted to combat age discrimination in the workplace with the Age Discrimination in Employment Act (ADEA or the Act). Congress found that older Americans faced "disadvantages in their efforts to retain employment" which consisted of arbitrary age limits on employment notwithstanding that person's skill and job performance. Further, Congress prohibited arbitrary age discrimination in a …
Employment Law: Mckennon V. Nashville Banner Publishing Co. And After-Acquired Evidence--A Convincing Resolution To Employer/Employee Misconduct Or An Incomplete Assessment Of The Issue?, William D. Fisher
Oklahoma Law Review
No abstract provided.
Does Pretext Plus Age Equal The Sum Of The Judgement?, Susan Childers North
Does Pretext Plus Age Equal The Sum Of The Judgement?, Susan Childers North
University of Richmond Law Review
In deciding cases under the Age Discrimination in Employment Act (ADEA), several circuit courts of appeals have interpreted the tripartite test set forth in McDonnell Douglas v. Green to mean that a plaintiff could prevail in proving individual disparate treatment by proving a prima facie case and that the employer's proffered reasons were a pretext. The Third, Seventh and Eighth Circuits concluded that a showing that a proffered justification is pretextual is equivalent to a finding that the employer intentionally discriminated. In other words, "the plaintiff is entitled to judgment as a matter of law when, in the third stage …
Retirement Incentives In The Twenty First Century: The Move Toward Employer Control Of The Adea, Judith A. Mcmorrow
Retirement Incentives In The Twenty First Century: The Move Toward Employer Control Of The Adea, Judith A. Mcmorrow
University of Richmond Law Review
Retirement has become an increasingly important topic of public policy discussion in the United States, as well as an accepted, and even cherished, goal for many American workers. Consequently, it is not surprising that the Age Discrimination in Employment Act (ADEA) recognized, somewhat inartfully, the importance of retirement. When originally passed, the ADEA expressly provided an exemption for any bona fide employee benefit plan such as a retirement, pension, or insurance plan, which is not a subterfuge to evade the purposes of the ADEA. In 1986, Congress amended the ADEA to eliminate mandatory retirement, but made clear in its legislative …
Wards Cove Packing Or Not Wards Cove Packing? That Is Not The Question: Some Thoughts On Impact Analysis Under The Age Discrimination In Employment Act, Mack A. Player
University of Richmond Law Review
Assume two employers, A and B. Each gives a separate objective test to select employees for a particular position. Employer A utilizes a pen-and-paper, multiple choice examination that has questions in three major categories: 1) biology and genetics which includes DNA theory, cloning, etc.; 2) astrophysics, with questions about time, space, light relationships, "black holes," novas, etc. and 3) microprocessor engineering, the internet, silicon chips, and the like.
Robinson V. Shell Oil Co.: Policy-Not Ambiguity-Drives The Supreme Court's Decision To Broaden Title Vii's Retaliation Coverage, Barry T. Meek
Robinson V. Shell Oil Co.: Policy-Not Ambiguity-Drives The Supreme Court's Decision To Broaden Title Vii's Retaliation Coverage, Barry T. Meek
University of Richmond Law Review
Before the Supreme Court's pronouncement in Robinson v. Shell Oil Co., a majority of the circuit courts were blurring seemingly unambiguous language to expand Title VII's coverage to comport with amiable policy goals. Only policy justifications could explain the courts' willingness to cover postemployment retaliation based on language that prohibits an employer from discriminating "against his employees" and that further defines employees as those persons "employed by an employer." Clearly, the plain meaning of such language envisions that persons protected under Title VII have an existing employment relationship with the covered employer at the time of the alleged retaliatory conduct. …
The Age Discrimination In Employment Act At Thirty: Where It's Been, Where It Is Today, Where It's Going, Howard C. Eglit
The Age Discrimination In Employment Act At Thirty: Where It's Been, Where It Is Today, Where It's Going, Howard C. Eglit
University of Richmond Law Review
Thirty-three years ago, in the course of debating the legislation that eventually was enacted into law as the Civil Rights Act of 1964, Congress began-albeit very tentatively-to address age discrimination in the workplace. While it rejected attempts to amend the 1964 bill to include age within the then-pending menu of proscribed bases for workplace decision-making, i.e., race, color, national origin, religion, and sex, Congress did direct the Secretary of Labor to undertake a study to ascertain the nature and extent of age bias in employment and to make recommendations for dealing with this discrimination, if it in fact existed.
Taxation Of Adea Settlements And The Lack Of Personal Injury In Age Discrimination Claims, The, David Errol Tompkins
Taxation Of Adea Settlements And The Lack Of Personal Injury In Age Discrimination Claims, The, David Errol Tompkins
Missouri Law Review
This Note will proceed in five parts. Part II will discuss the factual background of the Schleier case and the holding of the Supreme Court."° Part III will briefly outline the legal background behind ADEA awards and their potential section 104(a)(2) treatment." Next, part IV examines the decision and analysis of the Supreme Court in Schleier. Finally, part V comments on the Court's holding and discusses the policy implications of the decision.' This Note then concludes that Congress needs to act to provide for exclusion from gross income amounts received from a settlement or jury award of a discrimination claim
The Excludability Of Employment Discrimination Awards Under Code Section 104(A)(2) After Burke V. United States And Commissioner V. Schleier, Leandra Lederman
The Excludability Of Employment Discrimination Awards Under Code Section 104(A)(2) After Burke V. United States And Commissioner V. Schleier, Leandra Lederman
Articles by Maurer Faculty
No abstract provided.
Semantic Cover For Age Discrimination: Twilight Of The Adea, Judith J. Johnson
Semantic Cover For Age Discrimination: Twilight Of The Adea, Judith J. Johnson
Journal Articles
In 1967, Congress recognized that the number of displaced older people in the workforce was growing, due in large part to the problems older people were encountering in finding new jobs once displaced from a job of many years. In these times of corporate downsizing, older workers are particularly vulnerable to bearing the brunt of workforce reductions due to the fact that they are often "paid a little more because they have been with the company a little longer." As a result, since 1967 older workers have been protected from discrimination based on their age by the Age Discrimination in …
Discrimination, Deceit, And Legal Decoys: The Diversion Of After-Acquired Evidence And The Focus Restored By Mckennon V. Nashville Banner Publishing Company, Elissa J. Preheim
Discrimination, Deceit, And Legal Decoys: The Diversion Of After-Acquired Evidence And The Focus Restored By Mckennon V. Nashville Banner Publishing Company, Elissa J. Preheim
Indiana Law Journal
No abstract provided.
Employment Discrimination: Recent Developments In The Supreme Court (The Supreme Court And Local Government Law: The 1994-1995 Term), Eileen Kaufman
Employment Discrimination: Recent Developments In The Supreme Court (The Supreme Court And Local Government Law: The 1994-1995 Term), Eileen Kaufman
Scholarly Works
No abstract provided.