Labor and Employment Law Commons^™

Dignity And Discrimination In Sexual Harassment Law: A French Case Study, L. Camille Hébert

Washington and Lee Journal of Civil Rights and Social Justice

In 2012, France adopted new prohibitions on sexual harassment into its Labor and Penal Codes. That enactment, which significantly broadened the definition of actionable harassment, was based on a model of harassment law that defines sexual harassment as a form of discrimination, while the French have traditionally conceived of sexual harassment as a form of sexual violence. Cases decided under the new prohibitions, as well as additional legislation adopted in France in 2016 and 2018, the latter prompted by France’s “#MeToo” movement, suggest that the French are beginning to perceive sexual harassment as implicating issues of both dignity and equality …

“Just When I Thought I Was Out . . . .”: Post-Employment Repayment Obligations, Stuart Lichten, Eric M. Fink

Washington and Lee Journal of Civil Rights and Social Justice

The common law doctrine of “employment at will” has dominated U.S. employment law for over a century. Pursuant to this concept, an employer may discharge an employee at any time for any reason, or for no reason at all. An employee may similarly resign at any time for any reason, or for no reason at all. Despite the rule’s facial even-handedness, it operates against the background of “the deeply rooted conception of the employment relation as a dominant-servient relation rather than one of mutual rights and obligations.” Within that relationship, “the employer [has] the right to impose any requirement on …

#Metoo & Tax, Margaret Ryznar

Washington and Lee Law Review Online

Recently, legislative efforts have taken aim at sexual harassment in the workplace. Among these may be a surprising but effective approach—disallowing tax deductions for sexual harassment settlements subject to non-disclosure agreements. This Essay analyzes such a 2017 tax reform provision.

Overtime: Are Public Employees Compensated For Working Extra Hours?, Thomas P. Dematteo

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Not Just A Game: The Employment Status And Collective Bargaining Rights Of Professional Esports Players, Hunter Amadeus Bayliss

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

When “Disruption” Collides With Accountability: Holding Ridesharing Companies Liable For Acts Of Their Drivers, Alexi Pfeffer-Gillett

Scholarly Articles

When Uber launched in San Francisco in 2010, it took the city by storm. Here was a high-tech transportation service that seemingly did everything better than taxicabs: it was more convenient, more accessible, more comfortable, and even cheaper in many instances. Uber’s initial success inspired a number of lower-cost, nonprofessional “ridesharing” options, which have flourished.

Some skeptics, including taxicab operators, have decried the arrival of these peer-to-peer ridesharing services, now classified by regulators as Transportation Network Companies (TNCs). While such complaints could be easily dismissed as the dying groans of a “disrupted” industry, a string of passenger safety incidents has …

“Justice Is What Love Looks Like In Public”: How The Affordable Care Act Falls Short On Transgender Health Care Access, Rachel C. Kurzweil

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Use And Misuse Of Econometric Evidence In Employment Discrimination Cases, Joni Hersch, Blair Druhan Bullock

Washington and Lee Law Review

Statistical analyses play an important role in employment discrimination cases, as the Supreme Court has long recognized. Regression analysis can help a plaintiff establish a claim of discrimination under Title VII of the Civil Rights Act of 1964 by showing that, even when controlling for relevant characteristics, individuals of a certain class were treated differently than other employees or applicants. It can also help a defendant rebut such a claim by showing that differential treatment was due to characteristics other than being a member of a protected class. Yet, too often, opposing experts present invalid rebuttal evidence that the jury …

Looking To Torts: Exploring The Risks Of Workplace Discrimination, Catherine E. Smith

Scholarly Articles

Tort law plays a powerful role in defining cognizable harms and allocating responsibility based on concepts of fault, individual and community interests, social values, morality, compensation, deterrence, and notions of fairness. So, the idea that it may serve as a source of guidance in employment discrimination law, and in particular, in one of the most intractable debates within employment discrimination jurisprudence--the requirement of discriminatory intent--is not "unreasonable." To shift from an intentional discrimination mindset to one focused on risks of discrimination will not be easy. Hopefully, this brief inquiry has offered some food for thought.

Rif’D Off: The Denial Of Education Opportunities Through Seniority-Based Layoff Policies And The Judiciary’S Role In Reform, Amy Conant

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Virtual Water Cooler And The Nlrb: Concerted Activity In The Age Of Facebook, Lauren K. Neal

Washington and Lee Law Review

No abstract provided.

Taking Away An Employer's Free Pass: Making The Case For A More Sophisticated Sex-Plus Analysis In Employment Discrimination Cases, Heather M. Kolinsky

Scholarly Articles

In this article the author advocates for a broader interpretation of sex-plus theory to encompass the concept of mother as a gender identified category.

Independent Contractors, Employees, Andentrepreneurialism Under The Nationallabor Relations Act: A Worker-By-Worker Approach, Micah Prieb Stoltzfus Jost

Washington and Lee Law Review

No abstract provided.

Employee Or Entrepreneur?, Jeffrey M. Hirsch

Washington and Lee Law Review

No abstract provided.

Keeping Hope Alive, David K. Millon

Washington and Lee Law Review

No abstract provided.

A Miscarriage Of Justice: Pregnancy Discrimination In Sectarian Schools, Lauren E. Fisher

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Respecting Working Mothers With Infant Children: The Need For Increased Federal Intervention To Develop, Protect And Support A Breastfeeding Culture In The United States, Heather M. Kolinsky

Scholarly Articles

The author argues that the benefits of breastfeeding are overwhelming and that more needs to be done to ensure that all women have a viable option to continue breastfeeding upon returning to work, particularly the working poor and minorities. Those least likely to breastfeed are more likely to be part of an at risk population in terms of health. Most significantly, the lack of a cohesive policy in the workplace has had a disparate impact on the most vulnerable populations of breastfeeding mothers and their children. The lack of federal protection and a patchwork of protection in the states have …

The Unconstitutionality Of Mississippi's Employment Protection Act And A Framework For Assessing Similar State Immigration Employment Laws, Nicholas Neidzwski

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

"You're Fired!" Determining Whether A Wrongly Terminated Employee Who Has Been Reinstated With Back Pay Has An Actionable Title Vii Retaliation Claim, Anna Ku

Washington and Lee Law Review

No abstract provided.

Offshore Gambling: Medical Outsourcing Versus Erisa's Fiduciary Duty Requirement, Christopher J. Brady

Washington and Lee Law Review

No abstract provided.

Outing Outcomes: An Empirical Study Of Confidential Employment Discrimination Settlements, Minna J. Kotkin

Washington and Lee Law Review

Recent empirical studies on outcomes in employment discrimination litigation all reach the same conclusion: Plaintifs have little chance of success. But these studies rely on summary judgment decisions and trial verdicts, gleaned from reported opinions, electronic docket entries, and data collected by the Administrative Office of the Courts, and they acknowledge that this is just "the tip of the iceberg." Until now, settlement outcomes, which account for 70% of case resolutions, have been rendered invisible because of confidential settlement agreements. Along with the "vanishing trial" syndrome, secret settlements have created an information vacuum, skewing the public policy discourse about employment …

In The Land Between Two Maps: Perceived Disabilities, Reasonable Accommodations, And Judicial Battles Over The Ada, Nicholas R. Frazier

Washington and Lee Law Review

No abstract provided.

The New Map: The Supreme Court's Guide To Curing Thirty Years Of Confusion In Erisa Savings Clause Analysis, Matthew O. Gatewood

Washington and Lee Law Review

No abstract provided.

Recapturing The Transformative Potential Of Employment Discrimination Law, Michelle A. Travis

Washington and Lee Law Review

No abstract provided.

Pensions, Risk, And Race, Dorothy A. Brown

Washington and Lee Law Review

No abstract provided.

Pretext In Employment Discrimination Litigation: Mandatory Instructions For Permissible Inferences?, William J. Vollmer

Washington and Lee Law Review

No abstract provided.

Should The World Trade Organization Incorporate Labor And Environmental Standards, Chantal Thomas

Washington and Lee Law Review

No abstract provided.

Comments On Pretext In Employment Discrimination Litigation: Mandatory Instructions For Permissible Inferences?, Carolyn L. Wheeler

Washington and Lee Law Review

No abstract provided.

The Imperative Of Instructing On Pretext: A Comment On William J. Volmer's Pretext In Employment Discrimination Litigation. Mandatory Instructions For Permissible Inferences?, C. Elizabeth Belmont

Washington and Lee Law Review

No abstract provided.

A Coming Of Age?: Why Revised Eeoc Guidelines May Force Firms To Protect Against Partner Age Discrimination Suits, David A. Rappaport

Washington and Lee Law Review

No abstract provided.