Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (3)
- Judges (2)
- Supreme Court of the United States (2)
- Business Organizations Law (1)
- Commercial Law (1)
-
- Construction Law (1)
- Courts (1)
- Fourteenth Amendment (1)
- Human Rights Law (1)
- Jurisprudence (1)
- Labor and Employment Law (1)
- Law and Economics (1)
- Law and Gender (1)
- Law and Politics (1)
- Law and Race (1)
- Law and Society (1)
- Social Welfare Law (1)
- Tax Law (1)
- Taxation-Federal (1)
- Taxation-State and Local (1)
- Torts (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Using The Iied Tort To Address Discrimination And Retaliation In The Workplace, Alex B. Long
Using The Iied Tort To Address Discrimination And Retaliation In The Workplace, Alex B. Long
Scholarly Works
Citing the need to preserve managerial discretion, courts frequently espouse the need to adopt an “especially strict approach” in cases of intentional infliction of emotional distress (IIED) in the workplace. As a result, the IIED tort currently has a limited role to play in the fight against workplace discrimination and harassment. At the same time, a few courts – almost undetected in the literature on the subject - have recognized that one form of employer conduct may merit special treatment when assessing an IIED claim against an employer. According to these courts, the fact that an employer has engaged in …
Rbg And Gender Discrimination, Eileen Kaufman
Seeking Economic Justice In The Face Of Enduring Racism, Deseriee A. Kennedy
Seeking Economic Justice In The Face Of Enduring Racism, Deseriee A. Kennedy
Scholarly Works
No abstract provided.
Challenging Gender Discrimination In Closely Held Firms: The Hope And Hazards Of Corporate Oppression Doctrine, Meredith R. Miller
Challenging Gender Discrimination In Closely Held Firms: The Hope And Hazards Of Corporate Oppression Doctrine, Meredith R. Miller
Scholarly Works
The #MeToo Movement has ushered sexual harassment out of the shadows and thrown a spotlight on the gender pay gap in the workplace. Harassment and unfair treatment have, however, been difficult to extinguish. This has been true for all workers, including partners – those women who are owners in their firms and claim that they have suffered harassment or unfair treatment based on gender. That is because a partner’s lawsuit for discrimination often will suffer an insurmountable hurdle: plaintiff’s status as a partner in the firm means that they may not be considered an “employee” under the relevant employment discrimination …
How The State And Federal Tax Systems Operate To Deny Educational Opportunities To Minorities And Other Lower Income Students, Camilla E. Watson
How The State And Federal Tax Systems Operate To Deny Educational Opportunities To Minorities And Other Lower Income Students, Camilla E. Watson
Scholarly Works
The importance of education cannot be overstated. Education is a core principle of the American Dream, and as such, it is the ticket to a better paying job, homeownership, financial security, and a better way of life. Education is the key factor in reducing poverty and inequality and promoting sustained national economic growth. But while the U.S. Supreme Court has referred to education as "perhaps the most important function of the state and local governments," it has nevertheless stopped short of declaring education a fundamental right guaranteed under the Constitution. As a consequence, because education is not considered a fundamental …
The Statutification Of Tort Law Involving The Workplace, Alex B. Long
The Statutification Of Tort Law Involving The Workplace, Alex B. Long
Scholarly Works
The phenomenon of the "tortification" of employment law involves the consideration and importation of common-law tort principles when interpreting statutory anti-discrimination law. This Article explores the other side of the coin: the “statutification” of tort law as it applies to the workplace. State courts have only infrequently partaken in this enterprise, even in situations in which the two areas of law involve similar issues. This Article suggests that at least some limited form of statutification of tort law as it pertains to the workplace might be useful.