Labor and Employment Law Commons^™

The Family Medical Leave Act: State Sovereignty And The Narrowing Of Fourteenth Amendment Protection, Stephanie C. Bovee

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Your Dna Is Your Resume: How Inadequate Protection Of Genetic Information Perpetuates Employment Discrimination

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Two Wrongs Do Not Make A Defense: Eliminating The Equal-Opportunity-Harasser Defense, Shylah Miles

Washington Law Review

Sexual harassment is a prevalent problem in the American workplace that accounts for nearly sixty-four percent of all gender discrimination claims under Title VII. The equal-opportunity-harasser defense allows harassers who target both males and females to escape liability. Courts have allowed the defense because they have interpreted the "because of sex" element of a sexual harassment claim to require disparate treatment or a showing that the plaintiffs would not have been harassed if they were members of the opposite sex. An equal-opportunity harasser harasses both sexes and, therefore, plaintiffs cannot prove disparate treatment. This Comment argues that the disparate-treatment requirement …

Collaborative Problem-Solving Responsive To Diverse Learning Styles: Labor Law As An Active Learning Experience, Jeffrey A. Van Detta

North Carolina Central Law Review

No abstract provided.

Good Faith: Balancing The Right To Manage With The Right To Represent, Suzanne Darrow-Kleinhaus

Scholarly Works

No abstract provided.

Bridging The Gap Between Work And Family: Accomplishing The Goals Of The Family And Medical Leave Act Of 1993, Emily A. Hayes

William & Mary Law Review

No abstract provided.

Whose Motive Matters? Discrimination In Multi-Actor Employment Decision Making, Rebecca H. White, Linda Hamilton Krieger

Scholarly Works

The search for a discriminatory motive in disparate treatment cases often is envisioned as an attempt to determine whether a supervisor, despite his denials, consciously acted out of bias, animus or on the basis of “inaccurate and stigmatizing stereotypes” in making an employment decision. Framing the search for discriminatory motive is this way, however, cannot prove fully effective in eliminating discrimination, as individuals may be unaware of their own biases or the influences those biases have had on their own decision making.

The reality of decision making in the employment area, moreover, is that multiple individuals are often involved in …

Section 1983, The First Amendment, And Public Employee Speech: Shaping The Right To Fit The Remedy (And Vice Versa), Michael Wells

Scholarly Works

This Article is not about theories of free speech and how they bear on the public employment context, nor does it contribute to the academic debate over what the aims of public employee speech law ought to be. I take the Court at its word when it says that its aim is to give substantial weight to both the value of speech and the government's interest as an employer. Unlike Massaro and Ingber, I take it as a given that the government may insist on hierarchy and obedience to authority in the workplace. Unlike Rosenthal, I begin from the Court's …

Letting Federal Unions Protest Improper Contracting-Out, Charles Tiefer

All Faculty Scholarship

In 2000 - 2001, a judicial and General Accounting Office (GAO) ruling precluded federal employee unions from protesting the government's alleged violation of the rules governing the contracting-out procedure because the parties lacked standing. These rulings illustrate how outdated procedures have insulated the government from challenge, and have become matters of particular importance as the government increases its practice of contracting-out. Although these rulings have not closed the tribunal doors to federal employee unions, they have made protests much more difficult, leaving federal employee unions without a forum to protest violations. To better serve the needs of contractors - and …

War, Society, And Disability: Some Thoughts On Applying Under-Utilized Methodologies, Michael Ashley Stein

Faculty Publications

No abstract provided.

The Cash Balance Controversy Revisited: Age Discrimination And Fidelity To Statutory Text, Edward A. Zelinsky

Articles

No abstract provided.

Re Izaak Walton Killam Grace Health Centre For Children, Women And Families And Nsnu, Innis Christie

Innis Christie Collection

Union grievance dated November 19, 1999, alleging breach of Articles 3, 4 and 8 of the Collective Agreement between the Employer and the Union effective November 1, 1997-October 31, 2000, in that the Employer failed to adjust the wages of Clinical Leaders at the site of the former IWK Hospital to the level of those of Clinical Resource Nurses at the site of the former Grace Maternity Hospital. The Union requested an order that the Clinical Leaders at the IWK site be paid retroactively from November 1, 1997 to August 31, 1998 at the level of the rates paid during …

Re Canada Post Corp And Cupw (078-00-00032), Innis Christie

Innis Christie Collection

This is a policy grievance to determine whether the Employer may use temporary employees to cover extra absences on annual vacation that result from senior employees taking more than four consecutive weeks of vacation. The parties are agreed on the facts, and there is no extrinsic evidence to consider; the Arbitrator is asked to interpret the words of the Agreement and give effect to the intention of the parties.

The grievance fails. The Employer's interpretation is not inconsistent with other articles of the Agreement.

Re Canada Post Corp And Cupw (078-00-00025), Innis Christie

Innis Christie Collection

The Grievor requested six days of leave to take care of her mother following surgery. Her supervisor assured her that there would be no difficulty obtaining those days, and encouraged her to apply for them after taking the time off, in case she should need to apply for more than the expected 6 days. When she returned to work and made the application, 5 of the days she requested were denied, on the grounds that the one day she was awarded and the two days of the weekend should have given her adequate time to find alternate care for her …

Re Canada Post Corp And Cupw (105-95-00438), Innis Christie

Innis Christie Collection

The Union claims that in measuring routes in which the carrier stops the truck and walks in a loop up one side of the street and down the other, the Employer has missed distances on 56 or 57 routes. The Employer's position is that while the system in place does appear to under compensate in the case of loops, the values used in measuring routes are agreed values, and must be accepted.

The grievance fails. The Employer is measuring routes in the manner agreed upon, using accepted values. Whether those values may be appropriate is not a matter for the …

Re Canada Post Corp And Cupw (105-95-00435), Innis Christie

Innis Christie Collection

The Union alleges that the Employer has breached the Agreement by failing to assign sortation values for sorting the "buddy's" parcels for all MMC routes in the city of Saint John. The Employer acknowledged that wrong values had been entered, as a result of clerical error, and undertook to make necessary corrections. It also stated that, as agreed upon with the Union, it had made time corrections to some routes to provide for equalization, though this had not been carried out for all routes.

The grievance succeeds in part. The Employer is directed to comply with its understanding with the …

Re Canada Post Corp And Cupw (105-95-00432), Innis Christie

Innis Christie Collection

The Union alleges a breach in the system the Employer has used to deal with bundles of "missorts" and specifically, in that the Employer provided inaccurate 050 forms for letter carrier and motorized mail carrier routes in Saint John. The Employer states that the passage used by the Union to support its allegation applies only to redirected mail, not to missorts.

The grievance fails. The Arbitrator is satisfied that the missorts were not incorrectly dealt with. The provision upon which the Union's argument depends does not apply to Saint John's unit.

Analysis Of U.S. Supreme Court Employment Law Decisions, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Why An Employer Does Not Have To Answer For Preventing An Employee With A Disability From Utilizing Corrective Measures: The Relationship Between Mitigation And Reasonable Acommodation, Thad Levar

Brigham Young University Journal of Public Law

No abstract provided.

Guarding The Dumping Ground: Equal Protection, Title Vii And Justifying The Use Of Race In The Hiring Of Special Educators, Patrick Linehan

Brigham Young University Education and Law Journal

No abstract provided.

Maintaining Erisa's Balance: The Fundamental Business Decision V. The Affirmative Fiduciary Duty To Disclose Proposed Changes, Melissa Elaine Stover

Washington and Lee Law Review

No abstract provided.

Employment Discrimination By Religious Institutions: Limiting The Sanctuary Of The Constitutional Ministerial Exception To Religion-Based Employment Decisions, Laura L. Coon

Vanderbilt Law Review

A religious organization enters a contract with a builder to construct a new facility and breaches the contract; a student at a private, religiously-affiliated school slips on a patch of ice and is seriously injured because of the school maintenance crew's negligence. The builder and the student are aggrieved by the actions of the respective religious institutions. Consequently, they seek to re- solve their disputes through the judicial system, as would any other individual with a potential legal claim. Although the adjudicative process would involve church and state, the First Amendment Religion Clauses would not likely be implicated, because the …

Public Policy And Wrongful Discharge: The Continuing Tradegy Of Bigelow V. Bullard, J. Wade Kelson

Nevada Law Journal

No abstract provided.

Don't Train Your Employees And Cancel Your "1-800" Harassment Hotline: An Empirical Examination And Correction Of The Flaws In The Affirmative Defense To Sexual Harassment Charges, David Sherwyn, Michael Heise, Zev J. Eigen

Cornell Law Faculty Publications

The Supreme Court's two-pronged affirmative defense limiting employer liability for sexual harassment, articulated in the Faragher and Ellerth decisions, generated substantial scholarly commentary. Many scholars were quick to predict how lower courts would apply the affirmative defense. However, many predictions about the affirmative defense were advanced prior to the emergence of a sufficient number of judicial opinions applying it.

In this article we report results of our empirical study of the first 72 post-Ellerth and Faragher opinions involving employers' summary judgment motions that include affirmative defenses in response to allegations of sexual harassment in the workplace. We find that employer-related …

The Uncertain Future Of Title Vii Class Actions After The Civil Rights Act Of 1991, Daniel F. Piar

BYU Law Review

No abstract provided.

Privatizing Justice But By How Much? Questions Gilmer Did Not Answer, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Sex, Science And Social Knowledge: The Implications Of Social Science Research On Imputing Liability To Employers For Sexual Harassment, Theresa M. Beiner

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Babin V Day & Ross Inc, Innis Christie

Innis Christie Collection

At the hearing before me the Complainant, Mark J. Babin, alleged that he was dismissed unjustly, contrary to sections 240-2 of the Canada Labour Code, by the Employer, Day and Ross Inc. with whom he had been employed since October 13, 1993. From that date to his termination on February 8, 2000, the Complainant was a driver for the Employer, a trucking company, working out of its Dartmouth depot. Counsel for the Employer took the position that the Complainant had "abandonned" his employment and that I am therefore without jurisdiction to deal with this matter. Alternatively, the Employer took …

The New Psychological Contract: Implications Of The Changing Workplace For Labor And Employment Law, Katherine V.W. Stone

Cornell Law Faculty Publications

In this article, Professor Stone describes the profound changes that are occurring in the employment relationship in the United States. Firms are dismantling their internal labor markets and abandoning their implicit promises of orderly promotion and long-term job security. No longer is employment centered on a single, primary employer. Instead, employees operate in a boundaryless workplace in which they expect to move frequently between firms, and between divisions within firms, throughout their working lives. At the same time, employers and employees have a new understanding of their mutual obligations, a new psychological contract, in which expectations of job security and …

Litigating Age And Disability Claims Against State And Local Government Employers In The New "Federalism" Era, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.