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Articles 211 - 213 of 213
Full-Text Articles in Labor and Employment Law
Complimentary And Complementary Discrimination In Faculty Hiring, Angela Onwuachi-Willig
Complimentary And Complementary Discrimination In Faculty Hiring, Angela Onwuachi-Willig
Faculty Scholarship
This Article focuses on one form of discrimination in faculty hiring. Specifically, this Article concentrates on discrimination against the "overqualified" minority faculty candidate, the candidate who is presumed to have too many opportunities and thus gets excluded from faculty interview lists and consideration. In so doing, this Article poses and answers the question: "Can exclusion from interviewing pools and selection based upon the notion that one is just 'too good' to recruit to a particular department constitute an actionable form of discrimination?" Part I of this Article begins by briefly reviewing the changes in faculty diversity and inclusion at colleges …
Reply: Good Intentions Matter, Katharine T. Bartlett
Reply: Good Intentions Matter, Katharine T. Bartlett
Faculty Scholarship
While writing the article to which Professors Mitchell and Bielby have published responses, I was mindful of the many ways in which the article could be misinterpreted. In taking issue with the assumption that legal controls work in a direct, linear manner to deter crimination, I thought I might be misunderstood to say that people are not responsive to incentives. In worrying about how legal sanctions exert external pressure that may crowd out the inclination of well-intentioned people to self-monitor for bias, I feared that the article would be read mistakenly to oppose strong and appropriate legal rules against discrimination. …
Regulating The Use Of Genetic Information: Perspective From The U.S. Experience, Pauline Kim
Regulating The Use Of Genetic Information: Perspective From The U.S. Experience, Pauline Kim
Scholarship@WashULaw
This essay comments on an empirical study documenting the policies, practices, and attitudes of Australian employers regarding the use of genetic information from the U.S. perspective. The U.S. Congress recently enacted the Genetic Information Nondiscrimination Act of 2008 (GINA), which, among other things, prohibits employment discrimination on the basis of genetic information and restricts employers’ access to their employees’ genetic information. Just as the Australian study found no evidence of systematic use of genetic testing or screening by employers, GINA was passed in the absence of any evidence of widespread employment discrimination on the basis of genetic characteristics. Although it …