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Articles 301 - 330 of 576
Full-Text Articles in Labor and Employment Law
How Do You Say Gay In Arabic? Being Essential Under "Don't Ask, Don't Tell", Alastair Gamble
How Do You Say Gay In Arabic? Being Essential Under "Don't Ask, Don't Tell", Alastair Gamble
Hofstra Labor & Employment Law Journal
No abstract provided.
Service Member Experiences Roundtable, James A. Garland
Service Member Experiences Roundtable, James A. Garland
Hofstra Labor & Employment Law Journal
No abstract provided.
The Graduate Assistant Labor Movement, Nyu And Its Aftermath: A Study Of The Attitudes Of Graduate Teaching And Research Assistants At Seven Universities, Gerilynn Falasco, William J. Jackson
The Graduate Assistant Labor Movement, Nyu And Its Aftermath: A Study Of The Attitudes Of Graduate Teaching And Research Assistants At Seven Universities, Gerilynn Falasco, William J. Jackson
Hofstra Labor & Employment Law Journal
No abstract provided.
Same-Sex Harassment: Do Either Price Waterhouse Or Oncale Support The Ninth Circuit's Holding In Nichols V. Azteca Restaurant Enterprises, Inc. That Same-Sex Harassment Based On Failure To Conform To Gender Stereotyopes Is Actionable?, Philip Mcgough
Hofstra Labor & Employment Law Journal
In Nichols v. Azteca Restaurant Enterprises, the Ninth Circuit, overruling a twenty-two year old case, held that same-sex harassment based on gender stereotypes is actionable under Title VII. The court based this holding on the Supreme Court's 1989 opinion in Price Waterhouse v. Hopkins. However reasonable a reading of Title VII, the author argues that Nichols takes a major step beyond Hopkins, and resolves an issue not considered, even by implication, in the case. Further, same-sex harassment based on gender stereotypes is an issue sidestepped by the Supreme Court in Oncale - its only opinion to date dealing with same-sex …
When Harry Met Larry And Larry Got Sick: Why Same-Sex Families Should Be Entitled Benefits Under The Family And Medical Leave Act, Alana M. Bell, Tamar Miller
When Harry Met Larry And Larry Got Sick: Why Same-Sex Families Should Be Entitled Benefits Under The Family And Medical Leave Act, Alana M. Bell, Tamar Miller
Hofstra Labor & Employment Law Journal
No abstract provided.
"Don't Ask, Don't Tell": A Qualified Defense, Eugene R. Milhizer
"Don't Ask, Don't Tell": A Qualified Defense, Eugene R. Milhizer
Hofstra Labor & Employment Law Journal
Upon the 10th Anniversary of the so-called “Don’t Ask, Don’t Tell” policy, I was asked to reflect upon the policy by Hofstra University. This article presents my remarks at a symposium dedicagted to this topic. The article first reviews in detail the origins of the policy. It then explores the moral debate implicated by the policy, including the traditional arguments against homosexuality with special attention to the natural law, and latitudinarian arguments in favor of homosexuality or opposed to discrimination based on the basis of homosexuality. The article next surveys contemporary attitudes about homosexuality, focusing on military service by homosexuals. …
The Education Of A Sailor, Keith Taylor
The Education Of A Sailor, Keith Taylor
Hofstra Labor & Employment Law Journal
No abstract provided.
Honing Our Kraft?: Reconciling Variations In The Remedial Treatment Of Weingarten Violations, Michael D. Moberly, Andrea G. Lisenbee
Honing Our Kraft?: Reconciling Variations In The Remedial Treatment Of Weingarten Violations, Michael D. Moberly, Andrea G. Lisenbee
Hofstra Labor & Employment Law Journal
No abstract provided.
Graduate Assistants At The Bargaining Table, But For How Long?, Stephen L. Ukeiley
Graduate Assistants At The Bargaining Table, But For How Long?, Stephen L. Ukeiley
Hofstra Labor & Employment Law Journal
No abstract provided.
Something Every Lawyer Needs To Know: The Employer-Employee Distinction In The Modern Law Firm, Catherine Lovly, Matthew J. Mehnert
Something Every Lawyer Needs To Know: The Employer-Employee Distinction In The Modern Law Firm, Catherine Lovly, Matthew J. Mehnert
Hofstra Labor & Employment Law Journal
No abstract provided.
Liberty, Diversity, Academic Freedom, And Survival: Preferential Hiring Among Religiously-Affliated Institutions Of Higher Education, Jamie Darin Prenkert
Liberty, Diversity, Academic Freedom, And Survival: Preferential Hiring Among Religiously-Affliated Institutions Of Higher Education, Jamie Darin Prenkert
Hofstra Labor & Employment Law Journal
This article discusses the exemptions given to religious educational institutions from the usual Title VII protections afforded employees. The author supports the use of such exemptions when they promote diversity and protecting the fundamental foundation of the institution itself, but warns that there is a point where the exemptions must not be used even when they are within the power of the institution to invoke. Such inappropriate instances include promoting faculty or granting tenure to faculty members who are not of the religious persuasion of the institution, or hiring the best and brightest faculty over the professor who simply agrees …
Same-Sex Marriage: The Evolving Landscape For Employee Benefits, Neal S. Schelberg, Carri L. Mitnick
Same-Sex Marriage: The Evolving Landscape For Employee Benefits, Neal S. Schelberg, Carri L. Mitnick
Hofstra Labor & Employment Law Journal
This article deals with the aftermath of the Goodridge decision in terms of employment benefits for partners in a same-sex marriage, particularly in the interstate context. Because marriages in one state are generally recognized in all other states, the article focuses on how employers must treat a Massachusetts same-sex marriage in light of the Defense of Marriage Act and its prohibition of same-sex marriage for the purpose of federal employment benefits.
The Continuing Relevance Of Race-Concious Remedies And Prgrams In Integrating The Nation's Workforce, Michael L. Foreman, Kristin M. Dadey, Audrey J. Wiggins
The Continuing Relevance Of Race-Concious Remedies And Prgrams In Integrating The Nation's Workforce, Michael L. Foreman, Kristin M. Dadey, Audrey J. Wiggins
Hofstra Labor & Employment Law Journal
The authors argue that achieving diversity should be one of the main legitimate justifications for affirmative action programs, in addition to the traditionally cited "remedy for past discrimination" justification. The authors describe the legal framework for affirmative action beginning with the Civil Rights Act of 1964. They discuss the various types of affirmative action plans - public and private, court ordered and voluntary. The article concludes with a discussion of Department of Justice and EEOC policies towards affirmative action, arguing that the federal government should be the biggest proponent of such programs.
Facially Neutral No-Rehires Rules And The Americans With Disabilities Act, Christine Neylon O'Brien
Facially Neutral No-Rehires Rules And The Americans With Disabilities Act, Christine Neylon O'Brien
Hofstra Labor & Employment Law Journal
This article deals with the issue of whether alcoholism should qualify as a disability under the Americans with Disabilities Act. Under this theoretical category, an employee or potential employee would have a cause of action once he shows his disability no longer interferes with his ability to perform his job. One example of a prospective plaintiff is a recovering alcoholic. The author addresses the difference between a disparate impact claim and a disparate treatment claim and asserts what employers should do to ensure they do not run afoul of the ADA.
Stepping Out Of The Courtroom And Into The Personnel Department: An Analysis Of Reasonable Accommodation And Disparate Impact In Raytheon V. Hernandez, Douglas Menikheim, Frederick R. Trelfa
Stepping Out Of The Courtroom And Into The Personnel Department: An Analysis Of Reasonable Accommodation And Disparate Impact In Raytheon V. Hernandez, Douglas Menikheim, Frederick R. Trelfa
Hofstra Labor & Employment Law Journal
No abstract provided.
Association Discrimination Under The Americans With Disabilities Act: Another Uphill Batllle For Potential Ada Plaintiffs, Lawerence D. Rosenthal
Association Discrimination Under The Americans With Disabilities Act: Another Uphill Batllle For Potential Ada Plaintiffs, Lawerence D. Rosenthal
Hofstra Labor & Employment Law Journal
No abstract provided.
Dirty Dancing: Attributing The Moral Right Of Attribution To American Copyright Law: The Work For Hire Doctrine And The Usurping Of The Ultimate Grand Dame And Founder Of Modern Dance, Martha Graham, Sarah Kutner, Holly Rich
Dirty Dancing: Attributing The Moral Right Of Attribution To American Copyright Law: The Work For Hire Doctrine And The Usurping Of The Ultimate Grand Dame And Founder Of Modern Dance, Martha Graham, Sarah Kutner, Holly Rich
Hofstra Labor & Employment Law Journal
No abstract provided.
Recent Supreme Court Decisions Affecting The Employer-Employee Relationship: Arbitration Of Employment Disputes, The Scope And Remedies Of The Americans With Disabilities Act, And Affirmative Action, Paula Alexander Becker, Susan A. O'Sullivan, Karen A. Prelich Passaro
Recent Supreme Court Decisions Affecting The Employer-Employee Relationship: Arbitration Of Employment Disputes, The Scope And Remedies Of The Americans With Disabilities Act, And Affirmative Action, Paula Alexander Becker, Susan A. O'Sullivan, Karen A. Prelich Passaro
Hofstra Labor & Employment Law Journal
No abstract provided.
Living In Harmony? Reasonable Accommodations, Employee Expectations And Us Airways, Inc. V. Barnett, Sandy Andrikopoulos, Theo E. M. Gould
Living In Harmony? Reasonable Accommodations, Employee Expectations And Us Airways, Inc. V. Barnett, Sandy Andrikopoulos, Theo E. M. Gould
Hofstra Labor & Employment Law Journal
No abstract provided.
Choosing Competition: A Proposal To Modify Article Xx Of The Afl-Cio Constitution, Brian Petruska
Choosing Competition: A Proposal To Modify Article Xx Of The Afl-Cio Constitution, Brian Petruska
Hofstra Labor & Employment Law Journal
No abstract provided.
Is Pepsico The Choice Of The Next Generation: The Inevitable Disclosure Doctrine And Its Place In New York Jurisprudence, James J. Mulcahy, Joy M. Tassin
Is Pepsico The Choice Of The Next Generation: The Inevitable Disclosure Doctrine And Its Place In New York Jurisprudence, James J. Mulcahy, Joy M. Tassin
Hofstra Labor & Employment Law Journal
No abstract provided.
Executive Power, National Security & Federal Employee Collective Bargaining Rights: The New Department Of Homeland Security, Taryn M. Byrne, Gary L. Tomasulo
Executive Power, National Security & Federal Employee Collective Bargaining Rights: The New Department Of Homeland Security, Taryn M. Byrne, Gary L. Tomasulo
Hofstra Labor & Employment Law Journal
No abstract provided.
The Disparate Impact Hostile Environment Claim: Sexual Harassment Scholarship At A Crossroads, Robert A. Kearney
The Disparate Impact Hostile Environment Claim: Sexual Harassment Scholarship At A Crossroads, Robert A. Kearney
Hofstra Labor & Employment Law Journal
No abstract provided.
Arbitral Views Of Sexual Harassment: An Analysis Of Arbitration Cases, 1990-2000, Carrie G. Donald, John D. Ralston
Arbitral Views Of Sexual Harassment: An Analysis Of Arbitration Cases, 1990-2000, Carrie G. Donald, John D. Ralston
Hofstra Labor & Employment Law Journal
No abstract provided.
Cross-Employee Redistribution Effects Of Mandated Employee Benefits, Sharon Rabin-Margalioth
Cross-Employee Redistribution Effects Of Mandated Employee Benefits, Sharon Rabin-Margalioth
Hofstra Labor & Employment Law Journal
Whether mandated employee benefit policies are efficient, depends on the ratio of aggregate value attached by employees to the benefit, compared to the aggregate employer cost of providing the benefit. The higher the aggregate value/cost ratio is, the stronger is the justification for implementing the policy. High value/cost ratios are indicative of the existence of market failures in the voluntary provision of the benefit. Mandated benefits, efficient or not, do not entail employer-employee redistributive outcomes. The fact that no employment rate changes can be traced following the enforcement of a mandate program is usually indicative of full employer cost shifting. …
Think Before You Click: Online Anonymity Does Not Make Defamation Legal, Orit Goldring, Antonia L. Hamblin
Think Before You Click: Online Anonymity Does Not Make Defamation Legal, Orit Goldring, Antonia L. Hamblin
Hofstra Labor & Employment Law Journal
No abstract provided.
Many Paths To Justice: The Glass Ceiling, The Looking Glass, And Strategies For Getting To The Other Side, M. Neil Browne, Andrea Giampetro-Meyer
Many Paths To Justice: The Glass Ceiling, The Looking Glass, And Strategies For Getting To The Other Side, M. Neil Browne, Andrea Giampetro-Meyer
Hofstra Labor & Employment Law Journal
No abstract provided.
The Tort Of Intentional Infliction Of Emotional Distress In The Private Employment Sector, Frank J. Cavico
The Tort Of Intentional Infliction Of Emotional Distress In The Private Employment Sector, Frank J. Cavico
Hofstra Labor & Employment Law Journal
No abstract provided.
The Potential For State Labor Law: The New York Greengrocer Code Of Conduct, Matthew T. Bodie
The Potential For State Labor Law: The New York Greengrocer Code Of Conduct, Matthew T. Bodie
Hofstra Labor & Employment Law Journal
While labor law academics bemoan the ossification of federal labor law, the potential for state labor law has just begun to be explored. This Article takes a closer look at the New York Greengrocer Code of Conduct, a unique approach to the problem of industry-wide employment law violations. The Code, negotiated by the New York Attorney General's Office in conjunction with groups representing workers and greengrocers, provides a set of minimum terms and conditions for grocers which to some extent go beyond statutory requirements. In return for agreeing to the Code, grocers can avoid liability for past state employment law …
America: Land Of Opportunity Or Exploitation?, Irene Zopoth Hudson, Susan Schenck
America: Land Of Opportunity Or Exploitation?, Irene Zopoth Hudson, Susan Schenck
Hofstra Labor & Employment Law Journal
No abstract provided.