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Articles 1 - 30 of 48
Full-Text Articles in Law
Discrimination Cases Of The 2002 Term, Eileen Kaufman
Discrimination Cases Of The 2002 Term, Eileen Kaufman
Touro Law Review
No abstract provided.
The Legal Definition Of Religion: From Eating Cat Food To White Supremacy, Jane M. Ritter
The Legal Definition Of Religion: From Eating Cat Food To White Supremacy, Jane M. Ritter
Touro Law Review
No abstract provided.
Employment Discrimination Plaintiffs In Federal Court: From Bad To Worse?, Kevin M. Clermont, Stewart J. Schwab
Employment Discrimination Plaintiffs In Federal Court: From Bad To Worse?, Kevin M. Clermont, Stewart J. Schwab
Kevin M. Clermont
This Article utilizes the Administrative Office's data to convey the realities of federal employment discrimination litigation. Litigants in these "jobs" cases appeal more often than other litigants, with the defendants doing far better on those appeals than the plaintiffs. These troublesome facts help explain why today fewer plaintiffs are undertaking the frustrating route into federal district court, where plaintiffs must pursue their claims relatively often all the way through trial and where at both pretrial and trial these plaintiffs lose unusually often.
Discrimination Cases In The October 2004 Term, Eileen M. Kaufman
Discrimination Cases In The October 2004 Term, Eileen M. Kaufman
Touro Law Review
No abstract provided.
Disabling Complexity: The Americans With Disabilities Act Of 1990 And Its Interaction With Other Federal Laws, Tory L. Lucas
Disabling Complexity: The Americans With Disabilities Act Of 1990 And Its Interaction With Other Federal Laws, Tory L. Lucas
Tory L. Lucas
Given the daunting breadth, depth, and sheer volume of federal legislation impacting the labor and employment arena, the task of understanding how all of the federal legislation - not to mention state and local legislation and all corresponding regulations and caselaw - interrelates may be an impossible task even for legal experts. One vital area of federal employment legislation involves protecting the rights of individuals with disabilities. The Americans with Disabilities Act of 1990 (“ADA”) seeks “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” To fulfill the ADA's vision to protect …
Getting To Know Fred, Dr. Emily Sanchez Salcedo
Getting To Know Fred, Dr. Emily Sanchez Salcedo
Center for Business Research and Development
Family responsibilities discrimination (FReD) is a novel concept in the Philippine workplace. It is novel not because it is a new occurrence but because societal awareness is a fairly recent phenomenon following its unprecedented surge in popularity in the United States that began with the publication of the book, “Unbending Gender: Why Family and Work Conflict and What to Do About It” in 2000 by Professor Joan C. Williams.
The New Logic Of Affirmative Action, Charles W. Collier
The New Logic Of Affirmative Action, Charles W. Collier
Charles W. Collier
No abstract provided.
Appendix A - Selected Directives Of The Council Of The European Communities, Third Comparative Labor Law Roundtable
Appendix A - Selected Directives Of The Council Of The European Communities, Third Comparative Labor Law Roundtable
Georgia Journal of International & Comparative Law
No abstract provided.
General Discussion, Third Comparative Labor Law Roundtable
General Discussion, Third Comparative Labor Law Roundtable
Georgia Journal of International & Comparative Law
No abstract provided.
Discrimination In Employment: Reflections On The European Community Experience With Particular Reference To The United Kingdom, Brian Bercusson
Discrimination In Employment: Reflections On The European Community Experience With Particular Reference To The United Kingdom, Brian Bercusson
Georgia Journal of International & Comparative Law
No abstract provided.
Unlawful Employment Discrimination: A Discussion Of Belgian Law And Related Issues, Roger Blanpain, Jo Walgrave, Jean Jacqmain
Unlawful Employment Discrimination: A Discussion Of Belgian Law And Related Issues, Roger Blanpain, Jo Walgrave, Jean Jacqmain
Georgia Journal of International & Comparative Law
No abstract provided.
Discrimination In Employment In The Federal Republic Of Germany, Uschi Backes-Gellner, Bernd Frick
Discrimination In Employment In The Federal Republic Of Germany, Uschi Backes-Gellner, Bernd Frick
Georgia Journal of International & Comparative Law
No abstract provided.
The Equal Employment Opportunity Commission: Comments On The Agency And Its Role In Employment Discrimination Law, Mary Kathryn Lynch
The Equal Employment Opportunity Commission: Comments On The Agency And Its Role In Employment Discrimination Law, Mary Kathryn Lynch
Georgia Journal of International & Comparative Law
No abstract provided.
Sexual Harassment And Labor Arbitration, Susan A. Fitzgibbon
Sexual Harassment And Labor Arbitration, Susan A. Fitzgibbon
Georgia Journal of International & Comparative Law
No abstract provided.
Employment Discrimination In The United States In 1989: Revisions Or A Pause, Josef Rohlik
Employment Discrimination In The United States In 1989: Revisions Or A Pause, Josef Rohlik
Georgia Journal of International & Comparative Law
No abstract provided.
Citizenship, Aliengage, And Ethnic Origin Discrimination In Employment Under The Law Of The United States, Mack A. Player
Citizenship, Aliengage, And Ethnic Origin Discrimination In Employment Under The Law Of The United States, Mack A. Player
Georgia Journal of International & Comparative Law
No abstract provided.
Unlawful Discrimination In Employment--An Outline Of The European Community Rules And Case-Law, Julian Currall
Unlawful Discrimination In Employment--An Outline Of The European Community Rules And Case-Law, Julian Currall
Georgia Journal of International & Comparative Law
No abstract provided.
Unlawful Discrimination In Employment--International Law And Community Law: Their Interrelationship With Domestic Law, Elaine Vogel-Polsky
Unlawful Discrimination In Employment--International Law And Community Law: Their Interrelationship With Domestic Law, Elaine Vogel-Polsky
Georgia Journal of International & Comparative Law
No abstract provided.
Presentation Of The Third Comparative Labor Law Roundtable: Unlawful Discrimination In Employment, Elaine Vogel-Polsky
Presentation Of The Third Comparative Labor Law Roundtable: Unlawful Discrimination In Employment, Elaine Vogel-Polsky
Georgia Journal of International & Comparative Law
No abstract provided.
The Supreme Court’S Heightened Retaliation Standard In Nassar: A Prudent Limitation Or A Misguided Restriction To Title Vii Claims?, Darren Stakey
The Supreme Court’S Heightened Retaliation Standard In Nassar: A Prudent Limitation Or A Misguided Restriction To Title Vii Claims?, Darren Stakey
Touro Law Review
No abstract provided.
Free To Retaliate: A Plaintiff Must Show Retaliation Is The Only Motivation For An Employer's Retaliatory Action, Sansan Lin
Loyola of Los Angeles Law Review
No abstract provided.
Rights In Recession: Toward Administrative Antidiscrimination Law, Stephanie Bornstein
Rights In Recession: Toward Administrative Antidiscrimination Law, Stephanie Bornstein
UF Law Faculty Publications
This Article documents how, over the past six years and coinciding with the “Great Recession of 2008,” both public and private antidiscrimination enforcement mechanisms have become increasingly constrained, such that the ability to enforce the mandate of Title VII of the Civil Rights Act of 1964 - the main federal law prohibiting employment discrimination - may be facing a crisis point. While enforcement mechanisms for federal antidiscrimination law have long left room for improvement, recent developments in the economy, due to the 2008 recession, and in federal case law, due to a series of procedural decisions by the Roberts Court, …
The Jurisprudence Of Discrimination As Opposed To Simple Inequality In The International Civil Service, Brian D. Patterson
The Jurisprudence Of Discrimination As Opposed To Simple Inequality In The International Civil Service, Brian D. Patterson
Georgia Journal of International & Comparative Law
No abstract provided.
Cracks In The Shield: The Necessity Of The Employment Non-Discrimination Act, James N. Bolotin
Cracks In The Shield: The Necessity Of The Employment Non-Discrimination Act, James N. Bolotin
James N Bolotin
This paper argues that legislation protecting homosexuals from employment discrimination is necessary, despite hopeful arguments that the text of Title VII should or can already protect against discrimination based on sexual orientation. The paper discusses how the precedent of the federal courts has gone too far in the wrong direction to believe that they will fix this interpretation problem on their own. Furthermore, it posits that the passage of ENDA or similar legislation will successfully lessen the prevalence of this type of discrimination.
Part I considers the history of Title VII’s “because of sex” protection. This includes a short discussion …
A Revolution At War With Itself? Preserving Employment Preferences From Weber To Ricci, Sophia Z. Lee
A Revolution At War With Itself? Preserving Employment Preferences From Weber To Ricci, Sophia Z. Lee
All Faculty Scholarship
Two aspects of the constitutional transformation Bruce Ackerman describes in The Civil Rights Revolution were on a collision course, one whose trajectory has implications for Ackerman’s account and for his broader theory of constitutional change. Ackerman makes a compelling case that what he terms “reverse state action” (the targeting of private actors) and “government by numbers” (the use of statistics to identify and remedy violations of civil rights laws) defined the civil rights revolution. Together they “requir[ed] private actors, as well as state officials, to . . . realize the principles of constitutional equality” and allowed the federal government to …
Civil Rights And Related Decisions, Eileen Kaufman
Civil Rights And Related Decisions, Eileen Kaufman
Touro Law Review
No abstract provided.
Ledbetter V. Goodyear Tire & Rubber Co., Derrick A. Bell Jr.
Ledbetter V. Goodyear Tire & Rubber Co., Derrick A. Bell Jr.
Touro Law Review
No abstract provided.
Expanding The After-Acquired Evidence Defense To Include Post-Termination Misconduct, Holly G. Eubanks
Expanding The After-Acquired Evidence Defense To Include Post-Termination Misconduct, Holly G. Eubanks
Chicago-Kent Law Review
In 1995, the United States Supreme Court formulated the after-acquired evidence defense in employment discrimination litigation. The defense, if successfully established, allows the defendant to limit the damages available to the plaintiff. In order to assert the defense, a defendant must establish that it would have terminated the plaintiff based on after-acquired evidence of wrongdoing if the defendant had known of the wrongdoing prior to the termination. The defense, as generally accepted, applies to misconduct that occurs during employment and misconduct that occurs prior to employment in the application process. This note considers the potential expansion of the defense to …
A Reasonable Belief: In Support Of Lgbt Plaintiffs' Title Vii Retaliation Claims, Erin E. Buzuvis
A Reasonable Belief: In Support Of Lgbt Plaintiffs' Title Vii Retaliation Claims, Erin E. Buzuvis
Faculty Scholarship
When an LGBT employee is punished for complaining about discrimination in the workplace, he or she has two potential causes of action under Title VII: first, a challenge to the underlying discrimination, and second, a challenge to the resulting retaliation. The first claim is vulnerable to dismissal under courts’ narrow interpretation of Title VII’s prohibition of discrimination “because of sex” as applied to LGBT plaintiffs. But such an outcome need not determine the fate of the second claim. Faithful application of retaliation law’s “reasonable belief” standard, which protects a plaintiff from reprisal so long as she reasonably believed that she …
Clothes Don't Make The Man (Or Woman), But Gender Identity Might, Jennifer Levi
Clothes Don't Make The Man (Or Woman), But Gender Identity Might, Jennifer Levi
Faculty Scholarship
The Ninth Circuit's recent decision in Jespersen v. Harrah's Operating Co., Inc. reflects the blinders on many contemporary courts regarding the impact of sex-differentiated dress requirements on female employees. Although some courts have acknowledged the impermissibility of imposing sexually exploitive dress requirements, they have done so only at the extreme outer limits, ignoring the concrete harms experienced by women (and men) who are forced to conform to externally imposed gender norms. On the other hand, some transgender litigants have recently succeeded in challenging sex-differentiated dress requirements. This success is due in part to their incorporation of disability claims based on …