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Full-Text Articles in Law
Categorically Black, White, Or Wrong: 'Misperception Discrimination' And The State Of Title Vii Protection, D. Wendy Greene
Categorically Black, White, Or Wrong: 'Misperception Discrimination' And The State Of Title Vii Protection, D. Wendy Greene
University of Michigan Journal of Law Reform
This Article exposes an inconspicuous, categorically wrong movement within antidiscrimination law. A band of federal courts have denied Title VII protection to individuals who allege “categorical discrimination”: invidious, differential treatment on the basis of race, religion, color, national origin, or sex. Per these courts, a plaintiff who self-identifies as Christian but is misperceived as Muslim cannot assert an actionable claim under Title VII if she suffers an adverse employment action as a result of this misperception and related animus. Though Title VII expressly prohibits discrimination on the basis of religion, courts have held that such a plaintiff’s claim of “misperception …
Practical Tips For Employers For Compliance With The Ada , Patrick L. Clancy
Practical Tips For Employers For Compliance With The Ada , Patrick L. Clancy
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Privacy In The Workplace, Mark G. Flaherty
Privacy In The Workplace, Mark G. Flaherty
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
At-Will Employment: An Overview, Theodore J. St. Antoine
At-Will Employment: An Overview, Theodore J. St. Antoine
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Aids, Employment And The Law, American Bar Association; Aids Coordinating Committee
Aids, Employment And The Law, American Bar Association; Aids Coordinating Committee
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Should Employers Use Polygraphs To Screen Prospective Employees?, Mark A. Rothstein
Should Employers Use Polygraphs To Screen Prospective Employees?, Mark A. Rothstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Implications Of Substance Abuse Testing In The Workplace, Michael S. Cecere, Phillip B. Rosen
Legal Implications Of Substance Abuse Testing In The Workplace, Michael S. Cecere, Phillip B. Rosen
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Bundy V. Jackson: Eliminating The Need To Prove Tangible Economic Job Loss In Sexual Harassment Claims Brought Under Title Vii, Terence J. Bouressa
Bundy V. Jackson: Eliminating The Need To Prove Tangible Economic Job Loss In Sexual Harassment Claims Brought Under Title Vii, Terence J. Bouressa
Pepperdine Law Review
In the case of Bundy v. Jackson, the federal appellate court eliminated the need to prove tangible job loss in claims under Title VII relating to sexual harassment. The holding in Bundy thus promotes the viability of sexual harassment claims under Title VII and deters employers from engaging in subtle sexual harassment as "part of the job." The decision provides a model for the nation to follow in the pursuit of the worthy goal of eliminating sexual harassment in the workplace.
Closing The Floodgates: Defining A Class Of Third-Party Plaintiffs For Title Vii Retaliation Claims, Laura Blair Naquin
Closing The Floodgates: Defining A Class Of Third-Party Plaintiffs For Title Vii Retaliation Claims, Laura Blair Naquin
Louisiana Law Review
The article offers information on the law related to retaliation claims made under Title VII of the U.S. Civil Rights Act of 1964. It mentions the third-party plaintiffs' class which is eligible to file retaliation claims. It expresses the need to set standards for third party retaliation claims. It informs that a third party plaintiff who files a claim should have pretext, direct retaliation evidence, and a proof that retaliation is the only cause for an employer's action.
Whose Social Network Account: A Trade Secret Approach To Allocating Rights, Zoe Argento
Whose Social Network Account: A Trade Secret Approach To Allocating Rights, Zoe Argento
Michigan Telecommunications & Technology Law Review
Who has the superior right to a social network account? This is the question in a growing number of disputes between employers and workers over social network accounts. The problem has no clear legal precedent. Although the disputes implicate rights under trademark, copyright, and privacy law, these legal paradigms fail to address the core issue. At base, disputes over social network accounts are disputes over the right to access the people, sometimes numbering in the tens of thousands, who follow an account. This Article evaluates the problem from the perspective of the public interest in social network use, particularly the …
Employment Law And Social Equality, Samuel R. Bagenstos
Employment Law And Social Equality, Samuel R. Bagenstos
Michigan Law Review
What is the normative justification for individual employment law? For a number of legal scholars, the answer is economic efficiency. Other scholars argue, to the contrary, that employment law protects against (vaguely defined) imbalances of bargaining power and exploitation. Against both of these positions, this Article argues that individual employment law is best understood as advancing a particular conception of equality. That conception, which many legal and political theorists have called social equality, focuses on eliminating hierarchies of social status. This Article argues that individual employment law, like employment discrimination law, is justified as preventing employers from contributing to or …