Labor and Employment Law Commons^™

Providing Plaintiffs With Tools: The Significance Of Eeoc V. United Airlines, Inc., Michelle Letourneau

Notre Dame Law Review

This Note will analyze the language of the United Airlines II decision, in light of Barnett, Seventh Circuit precedents regarding the reasonable accommodation of reassignment, and cases from other circuits that the Seventh Circuit cited in relevant part in its United Airlines II decision. Part I will provide an introduction to the relevant provisions of the ADA. Part II will summarize relevant portions of a series of cases predating United Airlines II that deal with the concept of reassignment as a reasonable accommodation under the ADA. These cases are discussed in considerable detail in order to highlight in Part III …

Dias V. Archdiocese Of Cincinnati: Deciphering The Ministerial Exception To Title Vii Post-Hosanna-Tabor, Caroline O. Dehaan

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

No abstract provided.

English Labor Law - The 1984 Trade Union Immunities Act And Its Effect On Unions' Legal Status, Bret J. Pangborn

Georgia Journal of International & Comparative Law

No abstract provided.

The Worker Dislocation Dilemma In The United States And Great Britain: Contrasting Legal Approaches, Peter E. Millspaugh

Georgia Journal of International & Comparative Law

No abstract provided.

General Discussion, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Harmonization Of Labor Law In The Eec, Françoise Blanquet

Georgia Journal of International & Comparative Law

No abstract provided.

Voluntary Plant Closings And Workforce Reductions In The European Communities, J. Pipkorn

Georgia Journal of International & Comparative Law

No abstract provided.

Voluntary Plant Closings And Workforce Reductions: An International Perspective, Roger Blanpain

Georgia Journal of International & Comparative Law

No abstract provided.

Voluntary Plant Closings And Workforce Reductions In Canada, Innis Christie

Georgia Journal of International & Comparative Law

No abstract provided.

Voluntary Plant Closings And Workforce Reductions In Belgium, Guy Desolre

Georgia Journal of International & Comparative Law

No abstract provided.

Voluntary Plant Closings And Workforce Reductions In The Netherlands, Antoine Jacobs

Georgia Journal of International & Comparative Law

No abstract provided.

Restrictions On Management's Right To Dismiss Workers By Means Of Plant Closings Or By Workforce Reductions, The Relations Between Employers And Public Authorities, And The Role Of Collective Bargaining In The United States, Mary Kathryn Lynch

Georgia Journal of International & Comparative Law

No abstract provided.

Relations Of Employers With Workers' Representatives In The United States, J. Ralph Beaird

Georgia Journal of International & Comparative Law

No abstract provided.

Introduction To Roundtable On Comparative Labor Relations Law: The Law And Measures Affecting Workers In The Context Of Voluntary Plant Closings And Workforce Reductions, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Social Media And The Workplace: How I Learned To Stop Worrying And Love Privacy Settings And The Nlrb, Kathleen Carlson

Florida Law Review

Social media has permeated every aspect of society. The use of social media can easily lead to issues in an employment law context when employees suffer adverse employment actions based on the information they choose to share via their personal social media websites. Today’s laws concerning online privacy are in a nebulous state and have led some observers to suggest that employees who use social media may not find adequate legal protection from wrongful termination. This Note refutes this contention by analyzing current laws that may protect employees from adverse employment actions due to their use of social media. This …

Newsroom: Yelnosky On Firefighters Decision, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Vol. 32, No. 1, James C. Franczek, Laura E. Knittle, Patrick M. Depoy

The Illinois Public Employee Relations Report

Illinois Votes for Change: So What Kind of Changes Can We Expect?, by James C. Franczek Jr., Laura E. Knittle, and Patrick M. DePoy

Recent Developments

Free Speech For Some: The Nlra, Secondary Boycotts, And The First Amendment, Seth B. Kennedy

Louis Jackson National Student Writing Competition

No abstract provided.

Coming Out Of The Shadows Of Sheltered Workshops And Subminimum Wage: Exploring The Exploitation Of Disabled Workers Under Section 214(C) Of The Fair Labor Standards Act, Jillian Guilfoyle

Louis Jackson National Student Writing Competition

No abstract provided.

Executive Orders And The Struggle For Workplace Equality, David C. Roth

Louis Jackson National Student Writing Competition

No abstract provided.

Colorism Among South Asians: Title Vii And Skin Tone Discrimination, Taunya L. Banks

Faculty Scholarship

In 2013 Nina Davuluri, an Asian Indian from Syracuse, NY, became the first South Asian-American Miss America. The largely congratulatory comments from South Asian bloggers while reveling in the significance of her win, also commented on her skin tone, characterizing the new Miss America as dark brown, some adding that Davuluri would have never won the Miss Indian America USA title because she is “too dark.” Early discussions of colorism, skin tone bias, by legal scholars focus on how the practice impacts black Americans or other persons with some African ancestry. Yet the comments from South Asians about Davuluri’s skin …

Scalpel Please: Cutting To The Heart Of Medical Records Disputes In Employment Law Cases, Megan I. Brennan

William Mitchell Law Review

No abstract provided.

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Law Faculty Scholarship

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …

Beyond Nexus: A Framework For Evaluating K-12 Teacher Off-Duty Conduct And Speech In Adverse Employment And Licensure Proceedings, John E. Rumel

Articles

No abstract provided.

Fundamentals Of Workers' Compensation In Minnesota, Thomas F. Coleman

William Mitchell Law Review

No abstract provided.

A Comparison Of Wisconsin And Minnesota Workers' Compensation Claims, Thomas M. Domer, Michael R. Johnson

William Mitchell Law Review

No abstract provided.

Retaliation And The Reasonable Person, Sandra F. Sperino

Faculty Articles and Other Publications

When a worker complains about discrimination, federal law is supposed to protect that worker from later retaliation. Recent scholarly attention focuses on how courts limit retaliation claims by narrowly framing the causation inquiry. A larger threat to retaliation law is developing in the lower courts. Courts are declaring a wide swath of conduct as insufficiently serious to constitute retaliation.

Many courts hold that it is legal for an employer to threaten to fire a worker, to place the worker on administrative leave, or to negatively evaluate the worker because she complained about discriminatory conduct. Even if the worker has evidence …

Centering The Teenage "Siren": Adolescent Workers, Sexual Harassment, And The Legal Construction Of Race And Gender, Anastasia M. Boles

Michigan Journal of Gender & Law

Recent scholarship and media attention has focused on the prevalence of sexually harassing behavior directed at working teenagers, and the emergence of sexual harassment lawsuits by these minors against their employers. Although many of the legal issues concerning workplace sexual harassment and adult workers (and the various state and federal jurisprudence prohibiting it) have been widely discussed, there is surprisingly little discourse, research, and precedent addressing the problem of workplace sexual harassment and teen workers. Currently, most sexual harassment cases brought by adolescent workers are litigated using the doctrinal framework for adult workers. Only the Seventh Circuit has developed an …

A Franchisor's Flsa Liability For Its Franchisee's Workers: Why Operational Control Over Employment Conditions Should Make A Franchisor A Joint Employer, Bryan Arbeit

Hofstra Labor & Employment Law Journal

No abstract provided.

Reality’S Bite, Kerri Lynn Stone

Faculty Publications

The realities of the workplace have been captured by years of socio-scientific, industrial organizational, and other psychological research. Human behavior and thought, interpersonal dynamics, and organizational behavior, with all of their nuances and fine points, are now better understood than they have ever been before, but unless they are used to inform and buttress the rules of law and interpretations promulgated by courts, Title VII’s ability to successfully regulate the workplace to rid it of discrimination will be threatened. This article expands upon that premise, lamenting judges, and specifically justices having eschewed available research and other insights into workplace realities, …