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Full-Text Articles in Law
Is Title Vii A “Civility Code” Only For Union Activities?, L. Camille Hebert
Is Title Vii A “Civility Code” Only For Union Activities?, L. Camille Hebert
University of Arkansas at Little Rock Law Review
Changes to labor law by the National Labor Relations Board are nothing new; changes in Presidential administrations often result in changes to the law, based on differences in philosophy by new majorities of the Board toward the proper interpretation of the National Labor Relations Act. But in2020, the Board made a fundamental change to long-standing interpretations of the Act’s protections for union and other concerted activities, not based on the Act itself, but based on what it said were the mandates of the anti-discrimination laws for employers to prevent harassment and discrimination. The Board contended that the former context-driven standards …
Employment Law—Antidiscrimination—Falling Into The Legal Void: How Arkansas Can Protect Unpaid Interns From Discrimination And Harassment, Christina Redmann
Employment Law—Antidiscrimination—Falling Into The Legal Void: How Arkansas Can Protect Unpaid Interns From Discrimination And Harassment, Christina Redmann
University of Arkansas at Little Rock Law Review
No abstract provided.
Caste Discrimination And Federal Employment Law In The United States, Brian Elzweig
Caste Discrimination And Federal Employment Law In The United States, Brian Elzweig
University of Arkansas at Little Rock Law Review
No abstract provided.
Subordinate Bias Liability, Theresa M. Beiner
Subordinate Bias Liability, Theresa M. Beiner
University of Arkansas at Little Rock Law Review
Often, decisions regarding employment are made with the input of or based on the observations of more than one person. This presents complications for employment discrimination plaintiffs seeking to prove discriminatory animus resulting in an adverse employment decision for the plaintiff. Specifically, many plaintiffs are left to deal with the unresolved issue of whether they have a claim for employment discrimination when a discriminating non-decision making coworker or direct supervisor supplies incorrect or distorted information to their superiors who have the authority to fire them. This is known as the "cat's paw" theory of liability or "subordinate bias liability."
The …
Shifting The Burden: Genuine Disputes And Employment Discrimination Standards Of Proof, Barrett S. Moore
Shifting The Burden: Genuine Disputes And Employment Discrimination Standards Of Proof, Barrett S. Moore
University of Arkansas at Little Rock Law Review
Enacted for the purpose of battling workplace discrimination by targeting discrimination against minorities and the disadvantaged, Title VII has become somewhat of an apparition for good-intentioned employers seeking to follow the law. For example, in Ricci v. DeStefano, the city of New Haven, Connecticut refused to hire white firefighters based on a qualification test because to do so would produce the outcome of hiring too few minority firefighters. Despite New Haven's good intentions, the hiring process illegally brought race into the hiring process, thereby showing that America's relationship with civil rights legislation has come full circle.
At the center of …
Employment Law - Antidiscrimination - Unpaid And Unprotected: Protecting Our Nation's Volunteers Through Title Vii, Tara Kpere Daibo
Employment Law - Antidiscrimination - Unpaid And Unprotected: Protecting Our Nation's Volunteers Through Title Vii, Tara Kpere Daibo
University of Arkansas at Little Rock Law Review
No abstract provided.
Employment Law—Title Vii And The Anti-Retaliation Provision—Beyond Employment And The Workplace: The United States Supreme Court Resolves The Split And Shifts The Balance. Burlington Northern & Santa Fe Co. V. White, 126 S. Ct. 2405 (2006)., Kaylin Redman Hart
University of Arkansas at Little Rock Law Review
In its recent decision in Burlington Northern & Santa Fe Co. v. White, the Supreme Court resolved the split along the federal circuit courts by extending Title VII's anti-retaliation provision to retaliatory acts and harms that are unrelated to employment or that occur outside of the workplace. The Court limited its holding by concluding that Title VII prohibits only those employer actions that would "dissuade a reasonable worker from making or supporting a charge of discrimination." This note examines the significance of the Supreme Court's decision in Burlington Northern & Santa Fe Co. v. White to employers and employees in …
Doing Justice And Loving Kindness: A Comment On Hostile Environments And The Religious Employee, Charlotte Elizabeth Parsons
Doing Justice And Loving Kindness: A Comment On Hostile Environments And The Religious Employee, Charlotte Elizabeth Parsons
University of Arkansas at Little Rock Law Review
No abstract provided.
Hostile Environments And The Religious Employee, Theresa M. Beiner, John M.A. Dipippa
Hostile Environments And The Religious Employee, Theresa M. Beiner, John M.A. Dipippa
University of Arkansas at Little Rock Law Review
No abstract provided.
U.S. Immigration Reform: Employer Sanctions And Antidiscrimination Provisions, Alan K. Simpson
U.S. Immigration Reform: Employer Sanctions And Antidiscrimination Provisions, Alan K. Simpson
University of Arkansas at Little Rock Law Review
No abstract provided.
Employment Discrimination—Title Vii's Limited Preemptive Effect Allows State Laws Mandating Pregnancy Leave And Reinstatement, Mary L. Wiseman
Employment Discrimination—Title Vii's Limited Preemptive Effect Allows State Laws Mandating Pregnancy Leave And Reinstatement, Mary L. Wiseman
University of Arkansas at Little Rock Law Review
No abstract provided.
Labor Law—Employment Discrimination—Employer May Be Held Liable For Hostile Work Environment, Frances Scroggins
Labor Law—Employment Discrimination—Employer May Be Held Liable For Hostile Work Environment, Frances Scroggins
University of Arkansas at Little Rock Law Review
No abstract provided.
Employment Discrimination—The Bottom Line Defense In Disparate Impact Cases, Robert S. Tschiemer
Employment Discrimination—The Bottom Line Defense In Disparate Impact Cases, Robert S. Tschiemer
University of Arkansas at Little Rock Law Review
No abstract provided.
Implying A Private Cause Of Action Under Title Vi, Sheldon Joel Tepler
Implying A Private Cause Of Action Under Title Vi, Sheldon Joel Tepler
University of Arkansas at Little Rock Law Review
No abstract provided.
Affirmative Action And Reverse Discrimination: Where Do We Stand Now, Kenneth Galchus
Affirmative Action And Reverse Discrimination: Where Do We Stand Now, Kenneth Galchus
University of Arkansas at Little Rock Law Review
No abstract provided.
Civil Rights–Employment Discrimination–Voluntary Affirmative Action Allowed, Carol S. Arnold
Civil Rights–Employment Discrimination–Voluntary Affirmative Action Allowed, Carol S. Arnold
University of Arkansas at Little Rock Law Review
No abstract provided.
Civil Rights - Unequal Contributions To Employee Retirement Plans Determined By Using Sex Segregated Morality Tables Constitute Unlawful Sex Discrimination Under Title Vii, Harold E. Rainbolt
Civil Rights - Unequal Contributions To Employee Retirement Plans Determined By Using Sex Segregated Morality Tables Constitute Unlawful Sex Discrimination Under Title Vii, Harold E. Rainbolt
University of Arkansas at Little Rock Law Review
No abstract provided.