Labor and Employment Law Commons^™

"Sexting" And Surveillance: How Smartphones Change Workplace Harassment, Nantiya Ruan

Scholarly Works

No abstract provided.

Masculine Law Firms, Ann C. Mcginley

Scholarly Works

This article describes the masculine culture in law firms and analyzes how this culture harms both men and women because of their gender. Part II explains MMT, and analyzes the masculine practices that exist in modern law firms. Part III studies a lawsuit brought by a law firm associate, a white male father of two who allegedly was fired in retaliation for taking leave under the Family Medical Leave Act and because of his failure to adhere to the macho stereotypes prevalent in the law firm. Part IV analyzes how the law should respond to masculine norms, and suggests that …

Masculinity, Labor, And Sexual Power, Ann C. Mcginley

Scholarly Works

This Essay focuses on gender and sexuality to analyze Hannah Rosin's thesis in the The End of Men. It relies in large part on feminist and masculinities theories to consider how men and women may both suffer gendered disadvantage. It looks specifically at Las Vegas, a market that is sexualized, in order to complicate Rosin's narrative, and to create a better understanding of what is happening in the U.S. workforce. While the Las Vegas market is not representative of markets across the country, it is economically and socially significant and, with the expansion of the casino and gaming industries …

Cognitive Illiberalism, Summary Judgement, And Title Vii: An Examination Of Ricci V. Destefano, Ann C. Mcginley

Scholarly Works

No abstract provided.

The Sins Of Hosanna-Tabor, Leslie C. Griffin

Scholarly Works

The Supreme Court has lost sight of individual religious freedom. In Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, the Court for the first time recognized the ministerial exception, a court-created doctrine that holds that the First Amendment requires the dismissal of many employment discrimination cases against religious employers. The Court ruled unanimously that Cheryl Perich, an elementary school teacher who was fired after she tried to return to school from disability leave, could not pursue an antidiscrimination lawsuit against her employer.

This Article criticizes Hosanna-Tabor as a profound misinterpretation of the First Amendment. The Court mistakenly protected religious institutions' …

Anglo Views Of Mexican Labor: Shaping The Law Of Temporary Work Through Masculinities Narratives, Leticia M. Saucedo

Nevada Law Journal

No abstract provided.

Reasonable Men?, Ann C. Mcginley

Scholarly Works

After the Supreme Court recognized sexual harassment as a form of sex discrimination under Title VII, lower courts used the reasonable person standard to measure whether the behavior was sufficiently severe or pervasive to constitute a hostile working environment. Cultural and radical feminists objected to the reasonable person measure, and many supported a reasonable woman standard, which the Ninth Circuit adopted. Because of its tendency to essentialize how women would react, many feminists soon abandoned their support for the standard. A number of circuits, however, continue to use the reasonable woman or reasonable victim standards.

Most of the scholarship concerning …

Summary Of Sierra Nevada Administrators V. Negriev, 128 Nev. Adv. Op. 45, Drew Wheaton

Nevada Supreme Court Summaries

The Court considered an appeal from a district court order denying a petition for judicial review in a workers’ compensation action.

Summary Of Holiday Retirement Corp. V. State, Dir, 128 Nev. Adv. Op. No. 13, Jason L. Deforest

Nevada Supreme Court Summaries

The Court considered an appeal from a district court order denying a petition for judicial review in a worker’s compensation action.

Democracy At Work?: Spring Symposium Aims To Address The Question, Saltman Center For Conflict Resolution, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Labor and Employment Law Symposium 2012: Democracy and the Workplace

This article regarding the "Democracy and the Workplace" symposium was published in the Fall 2011 Saltman Center for Conflict Resolution Newsletter. To read the entire newsletter, click here.

Conference Bibliography, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Labor and Employment Law Symposium 2012: Democracy and the Workplace

A selected bibliography was prepared in connection with the Saltman Center for Conflict Resolution's Labor and Employment Law Symposium 2012: Democracy and the Workplace held at the William S. Boyd School of Law, University of Nevada, Las Vegas, on February 23-25, 2012.

Conference Program, Saltman Center For Conflict Resolution, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Labor and Employment Law Symposium 2012: Democracy and the Workplace

No abstract provided.

Conference Bibliography: Democracy And The Workplace, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Lectures & Talks

A selected bibliography was prepared in connection with the Saltman Center Labor Law Symposium 2012: Democracy and the Workplace held at the William S. Boyd School of Law, University of Nevada, Las Vegas, on February 23-25, 2012.

Brief For Prof. Leslie C. Griffin As Amica Curiae In Support Of Neither Party, Cannata V. Catholic Diocese Of Austin, Leslie C. Griffin

Supreme Court Briefs

No abstract provided.

Brief For Prof. Leslie C. Griffin Et Al. As Amici Curiae In Support Of Respondents, Hosanna-Tabor Evangelical Lutheran Church And School V. E.E.O.C., Leslie C. Griffin

Supreme Court Briefs

No abstract provided.

The Second-Class Class Action: How Courts Thwart Wage Rights By Misapplying Class Action Rules, Scott A. Moss, Nantiya Ruan

Scholarly Works

Courts apply to wage rights cases an aggressive scrutiny that not only disadvantages low-wage workers, but is fundamentally incorrect on the law. Rule 23 class actions automatically cover all potential members if the court grants plaintiffs’ class certification motion. But for certain employment rights cases – mainly wage claims but also age discrimination and gender equal pay claims – 29 U.S.C. § 216(b) allows not class actions but “collective actions” covering just those opting in affirmatively. Courts in collective actions assume a gatekeeper role as they do in Rule 23 class action, disallowing many actions by requiring a certification motion …

Guaranteeing The Rights Of Public Employees, Ann C. Mcginley, Kenneth Dau-Schmidt

Scholarly Works

In this Essay, Professors Ann McGinley and Kenneth G. Dau-Schmidt introduce the important issues to be examined in this Symposium Issue examining the erosion of rights guaranteed to public employees by recent state legislation.

Ten Years After Hoffman Plastic Compounds, Inc. V. Nlrb: The Power Of A Labor Law Symbol, Ruben J. Garcia

Scholarly Works

No abstract provided.

Beyond The Water Cooler: Speech And The Workplace In An Era Of Social Media, Ann C. Mcginley

Scholarly Works

No abstract provided.

Tsunami: At&T Mobility Llc V. Concepcion Impedes Access To Justice, Jean R. Sternlight

Scholarly Works

No abstract provided.

Federal Courts At The Boyd School Of Law, Anne R. Traum

Scholarly Works

No abstract provided.

Trouble In Sin City: Protecting Sexy Workers' Civil Rights, Ann C. Mcginley

Scholarly Works

While Las Vegas has always been known for its libertarian attitudes toward gambling and sexually provocative shows, after a short, failed attempt during the 1990’s to characterize itself as a family destination, the City has turned up the heat. Las Vegas, which relies increasingly on selling sex appeal to promote its value to the public, has become the number one adult entertainment destination in the United States. There is, however, trouble in paradise. A number of the casino-based clubs (both day and night) have been sued; others have closed due to illegal prostitution; some have paid large fines to the …

Summary Of Public Agency Compensation Trust V. Blake, 127 Nev. Adv. Op. No. 77, Tim Mott

Nevada Supreme Court Summaries

The Court considers an appeal from a district court order denying a petition for judicial review in a workers’ compensation action.

Willfulness, Good Faith, And The Fair Labor Standards Act, Emily Nolan Litzinger

Nevada Law Journal

No abstract provided.

Industrial Terrorism And The Unmaking Of New Deal Labor Law, Ahmed A. White

Nevada Law Journal

No abstract provided.

Work, Caregiving, And Masculinities, Ann C. Mcginley

Scholarly Works

In her book Reshaping the Work-Family Debate, Joan Williams demonstrates the vulnerability of parent workers in working class America. In Chapter 2, "One Sick Child Away from Being Fired," she examines the records of ninety-nine union arbitrations to analyze the problems of working class parents who struggle to juggle their working and parenting responsibilities. Because this chapter is a tour de force in an overall excellent book, and because it suggests an area that Professor McGinley's research has focused on over the past number of years, in this Essay, Professor McGinley limits her discussion almost exclusively to this chapter. …

Ricci V. Destefano: Diluting Disparate Impact And Redefining Disparate Treatment, Ann C. Mcginley

Scholarly Works

Title VII of the Civil Rights Act of 1964 permits plaintiffs to bring discrimination cases under two different theories: disparate treatment, which requires a showing of the employer’s discriminatory intent, and disparate impact, which holds the employer liable absent intent to discriminate if it uses neutral employment policies or practices that have a disparate impact on a protected group. Ricci v. DeStefano significantly affects the interpretation of both of these theories of discrimination.

Ricci adopts a restrictive interpretation of the disparate impact theory that is inconsistent with Congressional intent and purpose, and signals that intentional discrimination is more important than …

The New Old Legal Realism, Tracey E. George, Mitu Gulati, Ann C. Mcginley

Scholarly Works

Do the decisions of appellate courts matter in the real world? The American judicial system, legal education, and academic scholarship are premised on the view that they do. The authors want to reexamine this question by taking the approach advocated by the original Legal Realists. The current project seeks to add to our knowledge of the relevance of case law by focusing on an area that has received little examination: how pronouncements about employment discrimination law by appellate courts translate into understandings and behavior at the ground level. As our lens, we use evidence of how people talk about the …

Erasing Boundaries: Masculinities, Sexual Minorities, And Employment Discrimination, Ann C. Mcginley

Scholarly Works

This Article analyzes the application of employment discrimination law to sexual minorities--lesbians, gays, bisexuals, transgender and intersex individuals. It evaluates Title VII and state anti-discrimination laws' treatment of these individuals, and is the first article to use masculinities research, theoretical and empirical, to explain employment discrimination against sexual minorities. While the Article concludes that new legislation would further the interests of sexual minorities, it posits that it is neither necessary nor sufficient to solving the employment discrimination problems of sexual minorities. A major problem lies in the courts' binary view of sex and gender, a view that identifies men and …

Discrimination Redefined, Ann C. Mcginley

Scholarly Works

In this Response to Professor Natasha Martin's article Pretext in Peril, Professor Ann McGinley argues that courts' retrenchment in cases interpreting Title VII of the 1964 Civil Rights Act results from a narrow definition of discrimination that focuses on conscious, intentional discrimination. Increasingly social science research demonstrates that much disparate treatment occurs as a result of unconscious biases, but the courts' reluctance to consider this social science has led, in many cases, to a literal, narrow definition of “pretext." Moreover, she posits that the recent Supreme Court case of Ricci v. DeStefano redefines discrimination in an ahistorical and acontextual …