Civil Rights and Discrimination Commons^™

Reconciling The Age Discrimination In Employment Act And Federalism-Constitutional Balancing Or Judicial Sleight Of Hand: Eeoc V. Wyoming, Jeffrey B. Hays

BYU Law Review

No abstract provided.

Director, Office Of Workers' Compensation Programs V. Perini North River Associates: Judicial Dilution Of The Longshoremen's And Harbor Workers' Compensation Act's 'Status' Requirement, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

In Director, Office of Workers' Compensation Programs v. Perini North River Associates, the Supreme Court effectively deleted from the LHWCA the section 2(3) "status" requirement as it pertains to workers injured on actual navigable waters of the United States. The Court's generous view of the 1972 amendments will clearly result in more workers being able to recover benefits under the Act. At the same time, however, the Court's means of expanding the Act without relying on clear congressional intent disturbs traditional notions of judicial review and implies an attempt at judicial legislation.

Although the Court noted that it intended to …

The Future Of Comparable Worth Theory, Nancy Levit, Joan Mahoney

Faculty Works

Despite statutes intended to remedy wage disparities between men and women, the average woman working full-time earns only sixty percent as much as her male counterpart. While a portion of the earnings differential is attributable to "pure" or intentional discrimination, approximately eighty-two percent of the difference is due to occupational segregation. As commonly understood, occupational segregation refers to the situation in which women work at jobs that historically have been held by women and that are less remunerative than jobs usually held by men.

Only recently has the distinction between intentional discrimination and discrimination resulting from occupational segregation commanded much …

Arizona Governing Committee For Tax Deferred Annuity And Deferred Compensation Plans V. Norris: Mandate Of Manhart, Michele Grinberg

West Virginia Law Review

No abstract provided.

Did The Stotts Decision Really Spell The End Of Race-Conscious Affirmative Action?, William L. Robinson, Stephen L. Spitz

NYLS Journal of Human Rights

No abstract provided.

Privacy And The Sex Bfoq: An Immodest Proposal, Carolyn S. Bratt

Law Faculty Scholarly Articles

Since the adoption of Title VII of the Civil Rights Act of 1964, courts have been called upon to determine whether an employer can avoid liability for refusing to hire employees of one sex by invoking the privacy rights of its customers. Two recent court decisions are illustrative of the question and its resolution. In Backus v. Baptist Medical Center, the defendant employer's policy of excluding male nurses from the labor and delivery section of its obstetrics and gynecology department was challenged. The defendant established that most of the duties of a labor and delivery nurse involve exposure to …

The Seniority System Exemption To Title Vii Of The Civil Rights Acts: The Impact Of A New Barrier To Title Vii Litigants, Beth Wain Brandon

Cleveland State Law Review

Congress has prohibited discrimination in employment by enacting Title VII of the 1964 Civil Rights Act. Section 703(h) was passed as an exemption to Title VII, in order to protect bona fide systems of seniority. The purpose of Title VII was "the prevention of unlawful employment discrimination and the amelioration and elimination of the effects of past discrimination." To this end, the courts historically have looked at the "effects" of discrimination rather than the "intent" to discriminate, when analyzing a Title VII violation. Recently the Supreme Court, in American Tobacco Co. v. Patterson, has required a showing of intent to …

Title Vii: When Is A Pretext Not A Pretext? An Analysis Of Westinghouse Electric Corp. V. Vaughn, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Westinghouse Electric Corp. v. Vaughn, 466 U.S. 521 (1984). The author expected the Court to clarify the evidentiary requirements and burdens of plaintiffs and defendants in litigating a disparate treatment claim under Title VII of the Civil Rights Act of 1964.

Attorney's Fees In Title Vii Actions: Applying The Christiansburg Standard For Awards Against The Eeoc, Susan Jameson

Cardozo Law Review

No abstract provided.

The Force Of Irony: On The Morality Of Affirmative Action And United Steelworkers V. Weber, Richard O. Lempert

Articles

In recent years, affirmative action has posed difficult problems not only for courts and legislatures but also for individuals who puzzle over what is just. The claims made both by the proponents of programs that establish preferences on the basis of race and by their staunch opponents have an intuitive appeal. The slave society that preceded the Civil War and the Jim Crow era that endured for a century afterward are a shameful legacy for a nation that seeks to define itself in terms of justice and freedom. The proportionate underrepresentation of black people in positions of power and privilege …

Roberts V. United States Jaycees, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Grove City College V. Bell, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Notice To Class Members Under The Fair Labor Standards Act Representative Action Provision, Thomas Ashby

University of Michigan Journal of Law Reform

Federal courts currently apply different standards concerning the permissibility of notice. Although the Ninth Circuit forbids notice and the Seventh Circuit grants plaintiffs a right to send notice, the Second Circuit permits notice only in appropriate cases. This Note advocates that plaintiffs in FLSA and ADEA actions should be allowed to notify potential class members in appropriate cases. Part I analyzes inherent court powers, statutes, legislative history, and federal policies relating to notice. It concludes that enactment of FLSA and ADEA remedies did not alter the inherent power of federal courts to permit or prohibit notice. On the contrary, only …

Employment Discrimination—The Bottom Line Defense In Disparate Impact Cases, Robert S. Tschiemer

University of Arkansas at Little Rock Law Review

No abstract provided.

Employment Discrimination And Labor Arbitrators: A Question Of Competence, Anthony F. Bartlett Pace University School Of Law

West Virginia Law Review

During the Second World War labor arbitration came to prominence in the United States as an important means of resolving disputes between labor and management. In the post-War years it gradually achieved a pre-eminent position in the American collective bargaining system, finally acquiring the imprimatur of the Supreme Court in 1960. Crucial to the Court's rationale for requiring virtual judicial abstension in regard to labor arbitration was its perception of the arbitration process as an informal and flexible system manned by arbitrators who were in possession of a high level of competence in the realities of labor relations. This view …

Employee Selection Base On Susceptibility To Occupational Illness, Mark A. Rothstein

Michigan Law Review

This Article attempts to compile the latest information available concerning this difficult problem. Part I reviews the scientific literature, explaining the biological basis of increased risk of occupational disease. Part II explores the efforts of various employers to incorporate this research into their personnel practices. Part III surveys the legal response to these practices. Employees may challenge medical screening on a variety of theories, most of which were not designed to deal with the problem of susceptibility to occupational disease. Not surprisingly, none of the approaches offers an entirely satisfactory response to the problem. This Article offers no clear answers. …

Marital Status Discrimination: A Survey Of Federal Caselaw, Joyce D. Edelman

West Virginia Law Review

No abstract provided.

Death Knell For Trageser: Section 504 Of The Rehabilitation Act In Light Of North Haven, M. Katherine Webster-O'Keefe

West Virginia Law Review

No abstract provided.

The Deduction Of Unemployment Compensation From Back-Pay Awards Under Title Vii, Eric A. Martin

University of Michigan Journal of Law Reform

This Note argues that federal courts should not deduct unemployment insurance benefits from Title VII back-pay awards. Part I reviews the legislative history and purposes behind the remedial provisions of Title VII. Part I also presents the arguments that courts have advanced regarding the deduction of unemployment benefits from Title VII back-pay awards. Part II assesses these arguments in light of analogous common law doctrine and the legislative objectives of Title VII, and advances arguments not yet considered by the courts. Finally, Part II concludes that federal courts should resolve this division of authority by not deducting unemployment benefits from …

Proof Of Disparate Treatment Under The Age Discrimination In Employment Act: Variations On A Title Vii Theme, Mack A. Player

Scholarly Works

The Age Discrimination in Employment Act (ADEA) was enacted in 1967 and substantially amended in 1974 and 1978. Generally stated, the ADEA prohibits employer discrimination by public and private "employers" (persons having twenty or more employees), labor unions, and employment agencies. Protection against age discrimination is granted, however, only to employees and applicants between the ages of forty and seventy. It is illegal to discriminate on the basis of age against persons within the forty-to-seventy age group regardless of whether the person favored by the discrimination is within or without the protected age group or is younger or older than …

Individual Rights In The Work Place: The Burger Court And Labor Law, Theodore J. St. Antoine

Book Chapters

The Supreme Court, like other institutions, must play the part that the times demand, often with small regard for the personal predilections of its membership. The Warren Court and the Burger Court, in their respective contributions to the law of union-employer-employee relations, almost reversed the roles they might have been expected to assume. The major accomplishment of the Court in the labor area during the Warren era was a fundamental restructuring of intergovernmental relationships, while the Court's overriding concern throughout the Burger decade of the 1970s and beyond has been the defining of individual rights in the work place.

And The Whole Earth Was One Of Language - A Broad View Of Dispute Resolution, Henry H. Perritt Jr.

Villanova Law Review (1956 - )

No abstract provided.

Applying Restitution To Remedy A Discriminatory Denial Of Partnership, Candace Kovacic-Fleischer

Scholarly Articles in Law Reviews & Journals

This article suggests that a plaintiff can bring a state cause of action in restitution, liability in unjust enrichment, as an alternative to a federal cause of action in Title VII if the plaintiff was discriminatorily denied partnership by a firm that paid her a salary, but billed her time by the hour to clients. If the firm earned more than it paid in salary and overhead to the plaintiff, that amount would be defendant’s gain, one of the elements of an action in restitution, and the amount to be disgorged should plaintiff prove the other two elements, that the …

Employment Problems Of The Handicapped: Would Title Vii Remedies Be Appropriate And Effective?, Cornelius J. Peck

University of Michigan Journal of Law Reform

This Article argues that the employment problems of the handicapped are not well-suited for treatment under a statutory discrimination model. Underlying this argument is the belief that the concept of discrimination is not adaptable to the problems of the handicapped, and efforts to apply it will only worsen existing problems. Part I begins by defining the meaning of discrimination, and then explores the similarities and differences between discrimination against the handicapped, and discrimination based on race, sex, religion, and national origin. The purpose of this discussion is to provide a basic framework for understanding claims that the handicapped should be …

Post-Contractual Arbitrability After Nolde Brothers: A Problem Of Conceptual Clarity, Arthur S. Leonard

Articles & Chapters

In Nolde Brothers, Inc. v. Local No. 358, Bakery & Confectionery Workers Union,' the Supreme Court held that a labor-management grievance dispute which arose after the expiration of a collective bargaining agreement might, under certain circumstances, be compulsorily arbitrable even though no successor agreement providing for arbitration had been entered into by the parties.2 In so holding, however, the Supreme Court was imprecise in articulating the factors underlying its determination,3 leaving to the lower courts and the National Labor Relations Board (Board) the considerable task of adopting the broadly phrased Nolde rationale-a presumption of continuing arbitrability- to differing situations where …

Title Ix And Employment Discrimination: North Haven Board Of Education V. Bell, Claire G. Cardwell

University of Richmond Law Review

In 1972, Congress enacted Title IX of the Education Amendments in response to widespread sex discrimination by educational institutions. The goal of the statute was to prevent the use of federal funds to support discriminatory practices by institutions of higher education. In 1975, the Department of Health, Education and Welfare (HEW) issued regulations pursuant to sections 901 and 902 of Title IX. These regulations were specifically directed at the employment practices of federally funded education programs.

Editor's Preface, Jeffrey A. Markowitz

Villanova Law Review (1956 - )

No abstract provided.

Proving Title Vii Sex-Based Wage Discrimination After County Of Washington V. Gunther, Muriel Joyce Reynard

Cardozo Law Review

No abstract provided.

Judicial Responses To The Eeoc's Failure To Attempt Conciliation, Michigan Law Review

Michigan Law Review

This Note suggests that a court faced with inadequate conciliation efforts by the EEOC should dismiss the action without prejudice. Part I argues that dismissal better serves the remedial purpose of the statute than summary judgment. Part II then demonstrates that dismissal satisfies the policy concerns of courts that dispose of inadequately conciliated suits. Although dismissal may not promote judicial efficiency as well as summary judgment, courts and the Commission can handle the dismissal to minimize duplication. Part III advances dismissal for failure to state a claim upon which relief can be granted as the appropriate procedural vehicle for disposing …

United States Postal Service Board Of Governors V. Aikens, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.