Labor and Employment Law Commons^™

Interpreting Sexual Disparities In Elites: The Unrecognized Implications Of Gaussian Distributions, Lloyd Cohen, Iliana Ilieva

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

The Xxx-Files: Cal/Osha's Regulatory Response To Hiv In The Adult Film Industry, Christina Jordan

Cardozo Journal of Equal Rights & Social Justice

The note examines the challenges in regulating California's straight adult film industry following an HIV outbreak, highlighting tensions between the industry's resistance to regulation and CalOSHA's efforts to enforce workplace safety standards. It critiques the industry's reliance on self-regulation and explores the legal implications of determining whether performers are employees or independent contractors. The analysis underscores the potential public health consequences of inadequate oversight and the industry's threats to evade regulation by moving underground.

The Minimum Wage Wars, Maura Deady

Public Interest Law Reporter

No abstract provided.

Union Card Check Legislation Provides Powerful Tool For Unions, Claire Mariano

Public Interest Law Reporter

No abstract provided.

Subjective Decisionmaking And Unconscious Discrimination, Melissa Hart

Publications

Unconscious bias is widely recognized as the most pervasive barrier to equal employment opportunity for minorities and women in the workplace today and yet many argue that federal laws prohibiting discrimination do not prohibit unconscious discrimination. This article argues that the law does in fact provide some redress for unconscious discrimination. Title VII may not be a perfect method for attacking unconscious bias, but it is a mistake to assume that it is without potential. The article challenges the assumption commonly held by judges that a finding of discrimination must be preceded by the belief that an employer is lying …

Stepping Through Grutter's Open Doors: What The University Of Michigan Affirmative Action Cases Mean For Race-Conscious Government Decisionmaking, Helen Norton

Publications

In Grutter, a majority of the Court for the first time identified an instrumental justification for race-based government decisionmaking as compelling - specifically, a public law school's interest in attaining a diverse student body. Grutter not only recognized the value of diversity in higher education, but left open the possibility that the Court might find similar justifications compelling as well.

The switch to instrumental justifications for affirmative action appears a strategic response to the Court's narrowing of the availability of remedial rationales. A number of thoughtful commentators, however, have reacted to this trend with concern and even dismay, questioning …

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

Washington and Lee Law Review

No abstract provided.

Introduction, Ruth Bader Ginsburg

Hofstra Labor & Employment Law Journal

Justice Ginsburg introduces this special symposium edition of the Hofstra Labor & Employment Law Journal in commemoration of "The 40th Anniversary of Title VII of the Civil Rights Act of 1964."

Price Waterhouse V. Hopkins: A Personal Account Of A Sexual Discrimination Plaintiff, Ann Hopkins

Hofstra Labor & Employment Law Journal

Former Supreme Court plaintiff Ann Hopkins ruminates on the circumstances that led to the Supreme Court's landmark decision in Price Waterhouse v. Hopkins. She writes about why the case succeeded, what happened after she returned to Price Waterhouse, and what changed for her after the litigation. A fascinating account, she ends her piece by offering advice to those who seek to combat workplace discrimination.

Title Vii At Forty: A Brief Look At The Birth, Death, And Resurrection Of The Disparate Impact Theory Of Discrimination, Robert Belton

Hofstra Labor & Employment Law Journal

Professor Belton discusses the story of the campaign that led to the Supreme Court's decision in Griggs v. Duke Power Co., a story in which he played a major role. His piece identifies the genesis of the disparate impact theory, discusses its subsequent dismantling, examines its revival in the Civil Rights Act of 1991, and comments upon its impact and future.

Making Title Vii Law And Policy: The Supreme Court's Sexual Harassment Jursiprudence, Ronald Turner

Hofstra Labor & Employment Law Journal

Professor Turner's article focuses on judicial lawmaking and policy-making in an important area of antidiscrimination law - the statutory prohibition of workplace sexual harassment found in Title VII. The article highlights the ways in which the Supreme Court's interpretation and application of Title VII's ban on sex discrimination are contrary to, and fly in the face of the judges-should-make-no-law axiom.

Affirmative Action In The Workplace: Forty Years Later, Richard N. Appel, Alison L. Gray, Nilufer Loy

Hofstra Labor & Employment Law Journal

The authors, in order to sift through the increasingly muddy waters of affirmative action, provide an overview of the development of permissible preferential treatment based on race, national origin, or gender in the forty years since Title VII was enacted. The article discusses the state of the law for affirmative action plans adopted by government contractors as well as those that are judicially imposed. The focus of the piece is on the voluntary race, national origin and gender-conscious plans in the private sector. The authors conclude that although in the forty years since Title VII was enacted the validity of …

The Argument For Making American Judicial Remedies Under Title Vii Available To Foreign Nationals Employed By U.S. Companies On Foreign Soil, Olivia P. Dirig, Mahra Sarafsky

Hofstra Labor & Employment Law Journal

No abstract provided.

The Argument For A Hybrid Retaliation Law: A Comparative Law Study To Define Retaliation Under Title Vii By Comparing The United Kingdom, Including The European Union, Australia, And Canada, Dana K. Scalere, Corinne D. Sorisi

Hofstra Labor & Employment Law Journal

No abstract provided.

The Labor Movement Needs A Twenty-First Century Committee For Industrial Organization, Charles B. Craver

Hofstra Labor & Employment Law Journal

Following the enactment of the NLRA in 1935, American Federation of Labor craft unions had difficulty organizing persons employed in manufacturing industries since most failed to fit within the jurisdictions of particular unions. The AFL formed the Committee for Industrial Organization to determine how best to organize these workers, and this Committee ultimately withdrew from the AFL and formed the Congress of Industrial Organizations. The CIO unions quickly organized the industrial workers in the steel, automobile, electrical manufacturing, and rubber industries. By the late 1950s, 35 percent of private sector employees were union members. As the United States economy began …

The Historical Misconception Of Right To Work Laws In The The United States: Senator Robert Wagner, Legal Policy, And The Decline Of American Unions, Raymond L. Hogler

Hofstra Labor & Employment Law Journal

No abstract provided.

Employers Who Cry 'Rif' And The Courts That Believe Them, Daniel B. Kohrman, Mark Stewart Hayes

Hofstra Labor & Employment Law Journal

No abstract provided.

Employment Discrimination And The First Amendment: Case Analysis Of Catholic Charities, Kristen Colletta, Darya Kapulina

Hofstra Labor & Employment Law Journal

No abstract provided.

Whistler's Nocturne In Black And Gold-The Falling Rocket: Why The Sarbanes-Oxley Whistleblower Provision Falls Short Of The Mark, John B. Chiara, Michael D. Orenstein

Hofstra Labor & Employment Law Journal

No abstract provided.

On The Logic Of Suing One's Customers And The Dilemma Of Infringement-Based Business Models, Justin Hughes

Cardozo Arts & Entertainment Law Journal

No abstract provided.

How To Succeed In Business Without Really Trying (Cases): Gender Stereotypes And Sexual Harassment Since The Passage Of Title Vii, Miriam A. Cherry

Faculty Publications

(Excerpt)

Last year I was invited to an undergraduate revival of the musical "How to Succeed in Business Without Really Trying," a comedy about the workplace, which I thought, as a teacher of employment law, I would enjoy. Written in the early 1960s and made into a 1967 movie, "How to Succeed" follows the adventures of J. Pierrepont Finch, a window washer who, with the aid of a sarcastic self-help book, schemes his way up the corporate ladder. Although ostensibly a humorous look at the corporate world of the late 1950s and early '60s, I found myself cringing throughout the …

Social Citizen As Guest Worker: A Comment On The Changing Identities Of Immigrants And The Working Poor, Frank W. Munger

Articles & Chapters

No abstract provided.

Is Alternative Dispute Resolution Really An Alternative For Federal Employees?: Possible Suggestions For Encouraging Federal Employees To Participate In Adr Programs, Lisa Pell

Cardozo Journal of Conflict Resolution

This Note will examine the various dispute resolution programs employed by the federal government. Part One of this Note will look at the different federal programs and determine their usefulness. Part Two will establish that ADR is not being used to its potential. Part Three will discuss the reasons for the low ADR usage. Part Four will suggest options for increasing ADR usage in federally implemented programs. Finally, Part Five will conclude that if the federal agencies took advantage of their own programs, the possibilities for change are great.

Two Modern Antitrust Moments: A Comment On Fenton And Kwoka, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Coverage Of Reproductive Technologies Under Employer-Sponsored Health Care Plans, Elizabeth Pendo

Articles

The federal courts have issued two important decisions regarding non-discriminatory insurance coverage of conditions and treatments associated with sex, disability or both, such as prescription contraception and infertility treatment. Cases like Erickson and Saks are important because, as ERISA scholars know, state law mandates regarding coverage are unlikely to lead to uniform results due to the structure of ERISA's preemption provisions, and none of the federal proposals addressing infertility treatment or prescription contraception have been enacted to date.

What I would like to do is outline the impact of ERISA in this area, and offer some thoughts on one of …

Symposium: Rethinking The Masculine Character Of The Legal Profession: A Case Study Of Female Legal Professionals And Their Gendered Life In Taiwan, Shu-Chin Grace Kuo

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Business Fallout From The Rapid Obsolescence And Plannedobsolescence Of High-Tech Products: Downsizing Of Noncompetition Agreements, Ann C. Hodges, Porcher L. Taylor Iii

Law Faculty Publications

The recent rapid pace of technological change has made human capital more important, yet it has rendered the employee’s knowledge base obsolete more quickly. Employers use covenants not to compete, restricting employees from switching to work for competitors, in order to retain knowledgeable personnel. Currently, the lack of predictability in interpreting noncompete agreements allows employers to draft overly-lengthy noncompetes, encourages enforcement litigation, and curtails employees from changing jobs because of the fear of litigation. Employees should not be prevented from working for competitors for longer than is necessary to protect the employer’s legitimate interest. Use of obsolescence as a guide …

The Unguided Use Of Internal Adr Programs To Resolve Sexual Harassment Controversies In The Workplace, Jessica Oser

Cardozo Journal of Conflict Resolution

This Note will explore some of the concerns raised by the use of mandatory IDR mechanisms in the workplace, particularly in the context of resolving sexual harassment disputes. As previously noted, the use of IDR in the workplace can be highly effective and beneficial for both the employee and the employer. However, just as the Food and Drug Administration approves drugs that have potentially harmful side effects, the public and the U.S. government should approve of the use of IDR mechanisms despite the potential for abuse. In both circumstances, the public deserves to be warned about the possible dangers. This …

The Effects Of Jury Ignorance About Damage Caps: The Case Of The 1991 Civil Rights Act, Rebecca E. Hollander-Blumoff, Matthew T. Bodie

All Faculty Scholarship

The 1991 Civil Rights Act revolutionized employment discrimination litigation by allowing for compensatory and punitive damages. At the same time, however, the Act capped those damages and forbade courts from informing jurors about the cap. This Article explores the effects of this imposed secrecy on the jury deliberation process and on the jury system itself. First, our article delves into the wealth of psychological literature about jury decision-making to determine how disclosing or hiding the caps might affect the jury's damage calculations. We explore decision-making biases and heuristics that might systematically affect the jurors' judgment about damage awards, and discuss …

After 70 Years Of The Nlrb: Warm Congratulations -- And A Few Reservations, Theodore J. St. Antoine

Articles

The following essay is based on a talk the speaker was invited to deliver to the National Labor Relations Board on June 3 in Washington, D.C., on the occasion of the agency's 70th anniversary.