Labor and Employment Law Commons^™

Litigating The Fmla In The Shadow Of Title Vii, Sandra F. Sperino

Faculty Articles and Other Publications

The history of Title VII of the Civil Rights Act of 1964 is a history of frameworks. In an almost predictable pattern, the Supreme Court has recognized a category of employment discrimination, and then, either in the same case, or sometime thereafter, created a multi-part test for evaluating it. Congress enacted the Family and Medical Leave Act (FMLA) in 1993, almost 30 years after it enacted Title VII of the Civil Rights Act. This Essay argues that the FMLA is litigated within the shadow of Title VII, as courts routinely apply complex frameworks developed in the Title VII context to …

Could The American Psychiatric Association Cause You Headaches? The Dangersous Interaction Between The Dsm-5 And Employment Law, Douglas A. Hass

Loyola University Chicago Law Journal

No abstract provided.

Reflections On The Nlrb's Labor Law Jurisprudence After Wilma Liebman, David L. Gregory, Ian Hayes, Amanda Jaret

Loyola University Chicago Law Journal

No abstract provided.

Until Men Bear Children, Women Must Not Bear The Costs Of Reproductive Capacity: Accommodating Pregnancy In The Workplace To Achieve Equal Employment Opportunities, Maryn Oyoung

McGeorge Law Review

No abstract provided.

Accommodating Labor And Antitrust, Stephen F. Ross

Utah OnLaw: The Utah Law Review Online Supplement

Short of its two critical premises—that sports labor restraints may harm players but benefit fans and the sport’s popularity, and that the Sherman Act must always step aside to protect the “entire collective bargaining process”—Professor LeRoy’s thorough research loses much of its normative force. This provocative contribution is particularly revealing in one respect that he does not explicitly mention, however, akin to Sherlock Holmes’ famous insight that the telling clue was that the sleeping dog did not bark.34 All of the lawsuits Professor LeRoy studied involved challenges by union-represented players; none involved challenges by the principal beneficiaries of the Sherman …

A Minor Problem With Arbitration: A Proposal For Arbitration Agreements Contained In Employment Contracts Of Minors, Richard A. Bales, Matthew Miller-Novak

McGeorge Law Review

No abstract provided.

Cyberfrontier: New Guidelines For Employers Regarding Employee Social Media, Michelle Scheinman

McGeorge Law Review

No abstract provided.

Chapter 287: Religious Accommodation For Employees, David Vidal

McGeorge Law Review

No abstract provided.

The Catch-22 Of Ada Title I Remedies For Psychiatric Disabilities, Andrew Hsieh

McGeorge Law Review

No abstract provided.

Bathroom Bias: Making The Case For Trans Rights Under Disability Law, Daniella A. Schmidt

Michigan Journal of Gender & Law

Disability law is one of the more successful tools currently being used to protect trans people fom discrimination. While the use of disability law as a framework for affirming or creating trans rights has come with some success, many in the community remain reluctant to use disability law for fear of the policy implications and stigma associated with medicalization of trans identity. After exploring the current state of the law on both the federal and state level, this Note will argue how disability law both could and should be used more often to further trans protections. In particular, this Note …

"Public ... Since Time Immemorial": The Labor History Of Hague V. Cio, Kenneth M. Casebeer

Articles

No abstract provided.

The Strangely Unsettled State Of Public-Sector Labor In The Past Thirty Years, Joseph Slater

Hofstra Labor & Employment Law Journal

This article, part of a symposium on the history of various areas of labor and employment law, gives an overview of public-sector labor law and labor relations in the past thirty years. The public sector has for decades been central to labor relations in the U.S.; increasingly, it has also acquired a high profile in the political world. Despite great successes in organizing by public-sector unions, public-sector labor law has long been in a state of tumult (including, but not limited to, high-profile laws passed in 2011 gutting the rights of such unions). Although by the 1980s, it seemed as …

The Future Of The Student Anti-Sweatshop Movement: Providing Access To U.S. Courts For Garment Workers Worldwide, Allison Robbins

Publications and Research

No abstract provided.

Revitalizing State Employment Discrimination Law, Sandra F. Sperino

Faculty Articles and Other Publications

Over the past few decades, federal discrimination law has become captive to an increasingly complex web of analytical frameworks. The courts have been unable to articulate a consistent causation or intent standard for federal law or to provide a uniform account of the type of injury the plaintiff is required to suffer. Part of this failure is demonstrated in the ever-increasing rift between how courts construct the discrimination inquiry for federal age discrimination claims and claims based on other traits, such as sex and race.

Unfortunately, the courts are unnecessarily taking state employment discrimination claims into this federal morass. When …

Beyond Mcdonnell Douglas, Sandra F. Sperino

Faculty Articles and Other Publications

Since 1973, the McDonnell Douglas framework has been a key analytical structure in employment discrimination law. Academic debate regarding the framework has alternately sounded its death knell, posited its irrelevance, or asserted its continued vitality. What has gone unnoticed in this discussion is the gradual weakening of the framework over the past two decades. Rather than casting this test into oblivion, courts are slowly chipping away at its preeminent place as a proof structure.

Little by little, courts are gradually eroding the McDonnell Douglas test's power through both procedural and substantive means. Procedurally, courts have questioned, rejected or diminished the …

"That Indispensable Figment Of The Legal Mind": The Contract Of Employment At Common Law In Ontario, 1890-1979, Claire Isabel Mummé

PhD Dissertations

“The relation between an employer and an isolated employee or worker is typically a relation between a bearer of power and one who is not a bearer of power. In its inception it is an act of submission, in its operation it is a condition of subordination, however much the submission and the subordination may be concealed by the indispensable figment of the legal mind known as the 'contract of employment'.” Otto Kahn-Freund , Labour and the Law (London: Stevens, 1977). This study examines the legal evolution of the common law of employment contracts in Ontario between the 1890s and …

Innovation In China: Fragmentation, Structured Uncertainty, And Technology Standards, Michael Murphree, Dan Breznitz

Cardozo Law Review de•novo

This Article discusses the history of China’s attempts to develop indigenous technology standards. A case study is presented on China’s attempts to develop digital optical storage media standards, the failure of which we attribute to fragmentation of production and structured uncertainty in China’s economy. Despite the market failures of China’s domestic standards development efforts, we conclude by highlighting some of the appurtenant benefits they produce for Chinese manufacturers.

The Abcs Of Common Law Wrongful Termination Claims In The Washington Metropolitan Region, R. Scott Oswald, Michael Vogelsang Jr

Labor & Employment Law Forum

No abstract provided.

Law Of Trade In Human Rights: A Legal Analysis Of The Intersection Of The General Agreement On Tariffs And Trade’S Article Xx(B) And Labor Rights Of Children, Paul Cook

Labor & Employment Law Forum

No abstract provided.

Bread And Roses: E.E.O.C. V. Bloomberg L.P. And The Case For A Work-Life Balance, Marissa N. Goldberg

The Modern American

No abstract provided.

Reforming The Second Tier Of The U.S. Pension System: Tabula Rasa Or Step By Step?, 46 J. Marshall L. Rev. 631 (2013), G. A. (Sandy) Mackenzie, Jonathan Barry Forman

UIC Law Review

No abstract provided.

Public Policy And Consumer Disclosure For The Income Annuity Market, 46 J. Marshall L. Rev. 795 (2013), Kelli Hueler, Paula Hogan, Anna Rappaport

UIC Law Review

No abstract provided.

The Tracker Plan: A Controlled Risk Defined Contribution Retirement Program, 46 J. Marshall L. Rev. 681 (2013), Rowland Davis

UIC Law Review

No abstract provided.

Longevity Insurance: Strengthening Social Security For Older Retirees, 46 J. Marshall L. Rev. 843 (2013), John A. Turner

UIC Law Review

No abstract provided.

The 11th Annual Employee Benefits Symposium: America's Retirement Crisis: What Can Be Done, 46 J. Marshall L. Rev. Xxiii (2013), Kathryn J. Kennedy

UIC Law Review

No abstract provided.

Intentional Grounding: Field Quality In The Nfl And The Legal Ramifications For Choice Of Playing Surfaces, 47 J. Marshall L. Rev. 115 (2013), Jennifer Simile

UIC Law Review

No abstract provided.

When Convicts Need Not Apply: Proposing Clarifications To The Eeoc’S 2012 Guidelines, 47 J. Marshall L. Rev. 401 (2013), Alex J. Whitt

UIC Law Review

No abstract provided.

When Do State Laws Determine Erisa Plan Benefit Rights?, 47 J. Marshall L. Rev 145 (2013), Albert Feuer

UIC Law Review

No abstract provided.

Putting A Price On Friendship: Examining The Ownership Battle Between A Business' Social Media Networks, And The Humans That Operate Them, 47 J. Marshall L. Rev. 745 (2013), Michael Furlong

UIC Law Review

No abstract provided.

Flexible Scheduling And Gender Equiality: The Working Families Flexibility Act Under The Fourteenth Amendment, Lane C. Powell

Michigan Journal of Gender & Law

The Working Families Flexibility Act (“WFFA”) as proposed in 2012 would create a federal right for employees to request flexible work arrangements. However, the bill contains no private right of action for employees to enforce this new right. By reframing the WFFA as an anti-discrimination statute targeting unconstitutional sex discrimination on the part of the States, the WFFA could be upheld under Section 5 of the Fourteenth Amendment, allowing Congress to provide a private right of action for both private and state employees. This Note uses the Supreme Court’s decisions on the Family Medical Leave Act in Hibbs and Coleman …