Labor and Employment Law Commons^™

Review Of John V. Schappi, Improving Job Attendance (Bna Books), W. J. Hankins

RISK: Health, Safety & Environment (1990-2002)

Review of JOHN V. SCHAPPI, IMPROVING JOB ATTENDANCE. (BNA Books 1988.) [187 pp.] Appendices, bibliography, index. LC 87-27638; ISBN 0-87179-535-3

Baldwin V. Sisters Of Providence: Washington Gives At Will Employees A Gun With No Ammunition To Fight Against Unjust Dismissal, Michael T. Zoretic

Seattle University Law Review

This Comment will explore the status of the employment at will doctrine and unjust dismissal actions following the supreme court's decision in Baldwin. First, Section I will explain the historical background of the employment at will doctrine and its steady erosion in the modern era. Next, Section II will provide an overview of the Baldwin case itself, including facts, procedural history, and general holdings. Sections III through V will explore the three major issues decided by the court in Baldwin: allocating burdens of proof in wrongful discharge suits; implied covenants of good faith and fair dealing in employment …

Predictive Probabilities In Employee Drug-Testing, John M. Gleason, Darold T. Barnum

RISK: Health, Safety & Environment (1990-2002)

Substance abuse in the U.S. has been estimated to cost $99 billion annually through lower productivity. Yet the authors urge caution in attempting to reduce these costs and health and safety Risks. In doing so, they cite commonly high frequencies of false negatives and false positives in employee drug tests - the latter having the potential to do great injustice to many drug-free employees.

Don't Throw The Price Waterhouse Baby Out With The Bath Water: Age Discrimination And The Direct Evidence/Mixed Motive Puzzle, Mary L. Beyer

Seattle University Law Review

This Comment examines why Washington should place a higher burden on employers in direct evidence and mixed motive age discrimination cases. Because Washington courts follow federal case law in interpreting state anti-discrimination legislation, Section II examines relevant federal statutes and the history of their interpretation by federal courts. Section III explores the courts' modification of the traditional federal approach found in direct evidence and mixed motive cases. Section IV discusses Washington's anti-discrimination statute and Washington's judicial interpretation of that statute. Section V demonstrates Washington's insufficient response to federal developments in direct evidence and mixed motive cases. Finally, Section VI identifies …

Enhanced Monitoring Of White Collar Employees: Should Employers Be Required To Disclose?, Jeff Kray, Pamela Robertson

Seattle University Law Review

This Comment presents a five part legal and economic analysis of enhanced monitoring of white collar employees. Section I defines the employment contract. Section II provides an overview of the legal issues raised by enhanced monitoring of white collar employees. Section III discusses the economics of enhanced monitoring. Section IV presents an analysis of the legal and economic effects of an employer's enhanced monitoring of white collar employees. Finally, Section V describes and evaluates proposed federal legislation that would require employers to disclose the use of enhanced monitoring to employees.

Nevo V. National Labour Court, Gavriel Bach, Shoshana Netanyahu, Ariel Hanoch

Translated Opinions

Petitioner, Dr. Naomi Nevo, was employed for many years by the Jewish Agency for Israel as a sociologist. On reaching the age of 60, she received a notice from her employers that she was to retire on pension, in accordance with the provision in the Pension Rules relating to Jewish Agency employees. This stated that the retirement age for men was 65 and for women 60.

Petitioner brought an action in the Regional Labour Court asking for a declaration that the above provision was void as being discriminatory. Her action was dismissed and so was her appeal to the National …

Book Reviews, John M. Gleason

RISK: Health, Safety & Environment (1990-2002)

Reviews of the books: Mark A. Rothstein, Medical Screening and the Employee Health Cost Crisis (BNA Books 1989). Foreword Edward L. Baker, MD, MPH. 296 pp. Notes, figures, tables, glossary of legal terms, glossary of medical and health care terms, table of cases and index. LC 89-977; ISBN 0-87179-628-7.

Robert Decresce, Mark Lifshitz, Adrianne Mazura, & Joseph Tilson, Drug Testing In The Workplace (ASCP Press and BNA Books 1989). Forewords by Edward Miller, JD and George Lundberg, MD. 278 pp. Notes, figures, tables, table of cases and index. LC 88-39191; ISBN 0-89189-260-5 (ASCP), 0-87179-588-4 (BNA). Both of these books deal …

The Ultimate Injustice: When A Court Misstates The Facts, Anthony D'Amato

Cardozo Law Review

No abstract provided.

Firm-Specific Human Capital Investments And Hegelian Ethics: A Comment On Cornell And Posner, Jonathan R. Macey

Cardozo Law Review

No abstract provided.

In Defense Of Management Buyouts, J. Robert Brown Jr.

Sturm College of Law: Faculty Scholarship

Leveraged buyouts have become a popular bête noire. The gargantuan size of the transactions and the perception of unconscionable profits have led to a general pillorying in the popular press. Their unpopularity has generated a congressional call to arms and proposals for “reform” by the Securities and Exchange Commission. The plain effect of these efforts, if successful, would be an increase in the cost of buyouts, thereby reducing their frequency.

While perhaps politically attractive, a reduction in frequency may have long-term, harmful consequences. Leveraged buyouts, particularly those inspired by management, represent the ultimate antitakeover device. No longer can an interloper …

At-Will Employment In Washington: A Review Of Thompson V. Sl Regis Paper Co. And Its Progeny, Richard Wall

Seattle University Law Review

The purpose of this Article is to examine the nature and origin of the issues now being faced by Washington courts in the area of at will employment and to argue that the well-established legal principles governing other kinds of contracts be consistently applied to at will employment contracts. This will result in a proper balance between the desire to protect at will employees from unfair termination and the need to allow employers the freedom to make decisions in the hiring and termination of at will employees without undue interference. This Article will first review the historical development of the …

Retaliatory Discharge For Workers' Compensation: Do Union Employees Need A State Tort, Scott N. Gelfand

Cardozo Law Review

No abstract provided.

Challenging Discriminatory Guesswork: Does Impact Analysis Apply, Michael A. Middleton

Faculty Publications

This article initially examines the traditional theories of proof in Title VII cases. It then discusses approaches by lower courts in resolving the competing concerns raised in applying those traditional theories in challenges to subjective selection devices. This article next discusses the Supreme Court's resolution of the problem in Watson and suggests a workable alternative resolution that will not undermine the broad prophylactic purposes of Title VII.

Comments On David Krell's "Lucinde's Shame: Hegel, Sensuous Woman, And The Law", Frances Olsen

Cardozo Law Review

No abstract provided.

Hegel And Employment At Will: A Comment, Richard A. Posner

Cardozo Law Review

No abstract provided.

Dialogic Reciprocity And The Critique Of Employment At Will, Drucilla Cornell

Cardozo Law Review

No abstract provided.

The Crisis Of Private Law Its Not An Ideal Situation, Kenneth Casebeer

Cardozo Law Review

No abstract provided.

Future Disabilities Under New York’S Human Rights Law, Andrea Lisa Leeb

Cardozo Law Review

No abstract provided.

Unemployment In Japan's Declining Industries: A Re-Evaluation Of Japanese Employment Adjustment Policy, Susan N. Duke

Penn State International Law Review (1982 - 2011)

Is Japan really out-maneuvering the West in post-industrial development? This Comment examines the down-side of economic progress by focusing on how Japan has addressed employment disruptions in the declining industries, such as steel, textiles, and electronic computers. Employment adjustment legislation and the Japanese government's past performance in creating and implementing employment adjustment policy are re-evaluated.

Partial Performance Of Employment Contracts, Geoffrey Bennett

Journal Articles

Commentary on

Wiluszynski v. Tower Hamlets London Borough Council (The Times, 28.4.89)

Employment At Will: The French Experience As A Basis For Reform, Madeleine M. Plasencia

Articles

Roughly one-quarter of the workers in the United States are represented by unions, leaving three-quarters subject to the vicissitudes of the employment-at-will doctrine.' At-will employees, as a general matter, lack protection against dismissal without cause.2 That is, an employer may dismiss an "at will" employee without notice, "for good reason, bad reason or no reason at all," so long as the proffered reasons for dismissal do not violate random whistle-blowing provisions or federal and state anti-discrimination statutes.' The mirror image of the employer's right to dismiss at will is the right of an employee who was hired to perform work …

Mutable Characteristics And The Definition Of Discrimination Under Title Vii, Peter Brandon Bayer

Scholarly Works

Title VII of the Civil Rights Act of 1964 prohibits racial, religious, gender, ethnic, and color discrimination in employment. In most instances the courts interpret the statute very broadly. However, a line of cases holds that discrimination predicated on a forbidden criterion coupled with a ‘mutable’—easily altered—characteristic does not constitute a violation of Title VII. This Article attempts to debunk the ‘mutable’ characteristic doctrine by discerning a general definition of discrimination under Title VII and applying that definition to demonstrate that mutability analysis contradicts the letter and spirit of the law.

Poverty Amid Renewed Affluence: The Poor Of New England At Mid-Decade, Andrew M. Sum, Paul E. Harrington, William B. Goedicke, Robert Vinson

New England Journal of Public Policy

This article examines the problem of poverty in New England during the current period of economic prosperity. Major trends in the size and composition of the poor population within the region are analyzed. Striking changes in the relative incidence of poverty have occurred among families in New England. As the economy has moved toward full employment, poverty rates among husband-wife families in the region have fallen sharply. In contrast, female-headed families in New England have not benefited substantially from recent rapid increases in employment opportunities. The result has been a persistent trend toward the feminization of poverty in New England. …

Remedying Underinclusive Statutes, Candace Kovacic-Fleischer

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: A California employer who does not want to comply with California's mandatory unpaid pregnancy leave statute has reached the United States Supreme Court. The employer seeks to have the statute invalidated, claiming it is preempted by the Pregnancy Discrimination Act of Title VII of the Civil Rights Act of 1964. The employer is arguing that the California pregnancy leave act is fatally underinclusive because it does not provide similar employment protection for workers with short-term disabilities. The district court agreed with the employer; the court of appeals did not.

Evaluation Of Subjective Selection Systems In Title Vii Employment Discrimination Cases: A Misuse Of Disparate Impact Analysis, Stacey B. Babson

Cardozo Law Review

No abstract provided.

Immigration Reform: Solving The "Problem" Of The Illegal Alien In The American Workforce, Lucinda M. Cardinal

Cardozo Law Review

No abstract provided.

Teaching An Old Dog Old Tricks: Coppage V. Kansas And At-Will Employment Revisited, Kenneth M. Casebeer

Cardozo Law Review

No abstract provided.

Fair Employement Of The Handicapped In Texas., Bennett L. Stahl

St. Mary's Law Journal

The Commission on Human Rights Act may help prevent discrimination against handicapped individuals and ensure they have adequate employment opportunities in Texas. Employment discrimination against handicapped individuals often happens because of unfair job qualifications, or fair qualifications they would be able to meet if employers made reasonable accommodations. Establishing legal mechanisms to ensure fair opportunity for handicapped citizens to obtain employment is a comparatively new goal of American jurisprudence. The Federal Rehabilitation Act in 1973 made significant progress in fair employment practices. Texas made more progress by establishing the Commission on Human Rights Act, which creates a commission in charge …

Employment, James B. Stoneking

West Virginia Law Review

No abstract provided.

Privacy And The Sex Bfoq: An Immodest Proposal, Carolyn S. Bratt

Law Faculty Scholarly Articles

Since the adoption of Title VII of the Civil Rights Act of 1964, courts have been called upon to determine whether an employer can avoid liability for refusing to hire employees of one sex by invoking the privacy rights of its customers. Two recent court decisions are illustrative of the question and its resolution. In Backus v. Baptist Medical Center, the defendant employer's policy of excluding male nurses from the labor and delivery section of its obstetrics and gynecology department was challenged. The defendant established that most of the duties of a labor and delivery nurse involve exposure to …