Open Access. Powered by Scholars. Published by Universities.®

Labor and Employment Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Employment Practice

Discipline
Institution
Publication Year
Publication
Publication Type

Articles 91 - 105 of 105

Full-Text Articles in Labor and Employment Law

Vicarious And Personal Liability For Employment Discrimination, Rebecca H. White Jan 1996

Vicarious And Personal Liability For Employment Discrimination, Rebecca H. White

Scholarly Works

This Article addresses the issues of vicarious and personal liability for employment discrimination as a coherent whole. Part II examines the prevailing view on an employer's vicarious liability for employment discrimination under Title VII, the ADEA, and the ADA. Part II further discusses the exception to vicarious liability that has developed in hostile work environment cases and examines the justifications advanced for that exception. My point here is not so much to debate whether such an exception should exist but to determine whether the arguments against vicarious liability in hostile work environment cases justifiably can be limited to that context. …


Fathers And Parental Leave, Martin H. Malin Feb 1994

Fathers And Parental Leave, Martin H. Malin

All Faculty Scholarship

No abstract provided.


Implied Covenant: Anachronism Or Augur, Henry H. Perritt Jr. Mar 1990

Implied Covenant: Anachronism Or Augur, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Affirmative Action Issues And The Role Of External Law In Labor Arbitration (With L. Stallworth) (Symposium), Martin H. Malin Feb 1990

Affirmative Action Issues And The Role Of External Law In Labor Arbitration (With L. Stallworth) (Symposium), Martin H. Malin

All Faculty Scholarship

No abstract provided.


The Future Of Wrongful Dismissal Claims: Where Does Employer Self Interest Lie?, Henry H. Perritt Jr. Mar 1989

The Future Of Wrongful Dismissal Claims: Where Does Employer Self Interest Lie?, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Should Some Independent Contractors Be Redefined As "Employees" Under Labor Law?, Henry H. Perritt Jr. Mar 1988

Should Some Independent Contractors Be Redefined As "Employees" Under Labor Law?, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Artificial Intelligence Techniques For Evaluating Employee Terminations On A Personal Computer, Henry H. Perritt Jr. Mar 1987

Artificial Intelligence Techniques For Evaluating Employee Terminations On A Personal Computer, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Wrongful Dismissal Legislation, Henry H. Perritt Jr. Mar 1987

Wrongful Dismissal Legislation, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Relations Of Employers With Workers' Representatives In The United States, J. Ralph Beaird Jun 1986

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

Scholarly Works

There is no question but that current policy in the United States comes down heavily on the side of management flexibility in the area of economic decisionmaking. The question is: should that be changed?


Preclusive Effect Of Administrative Decisions In Wrongful Dismissal Suits, Henry H. Perritt Jr. Mar 1985

Preclusive Effect Of Administrative Decisions In Wrongful Dismissal Suits, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Proof Of Disparate Treatment Under The Age Discrimination In Employment Act: Variations On A Title Vii Theme, Mack A. Player Apr 1983

Proof Of Disparate Treatment Under The Age Discrimination In Employment Act: Variations On A Title Vii Theme, Mack A. Player

Scholarly Works

The Age Discrimination in Employment Act (ADEA) was enacted in 1967 and substantially amended in 1974 and 1978. Generally stated, the ADEA prohibits employer discrimination by public and private "employers" (persons having twenty or more employees), labor unions, and employment agencies. Protection against age discrimination is granted, however, only to employees and applicants between the ages of forty and seventy. It is illegal to discriminate on the basis of age against persons within the forty-to-seventy age group regardless of whether the person favored by the discrimination is within or without the protected age group or is younger or older than …


Protecting The Whistleblower From Retaliatory Discharge, Martin H. Malin Feb 1983

Protecting The Whistleblower From Retaliatory Discharge, Martin H. Malin

All Faculty Scholarship

No abstract provided.


University Faculty Members' Right To Dissent: Toward A Unified Theory Of Contractual And Constitutional Protection, (With R. Ladenson), Martin H. Malin Feb 1983

University Faculty Members' Right To Dissent: Toward A Unified Theory Of Contractual And Constitutional Protection, (With R. Ladenson), Martin H. Malin

All Faculty Scholarship

No abstract provided.


Defense Under The Age Of Discrimination In Employment Act: Misinterpretation, Misdirection, And The 1978 Amendments, Mack A. Player Jul 1978

Defense Under The Age Of Discrimination In Employment Act: Misinterpretation, Misdirection, And The 1978 Amendments, Mack A. Player

Scholarly Works

The Age Discrimination in Employment Act of 1967 prohibits employers, labor organizations, and employment agencies from discriminating because of age, but it does not protect all age groups against employment discrimination. As enacted, the 1967 Act protected persons between the ages of forty and sixty-five; the amendments in April 1978 extended that protection five years to age seventy. Thus it is not illegal to discriminate against people before their fortieth or after their seventieth birthday. The Act, in its original and amended versions, contains five exceptions or "defenses" to age discrimination in employment. Only the "bona fide occupational qualification" (BFOQ), …


Racial Discrimination In Employment: Rights And Remedies, J. Ralph Beaird May 1972

Racial Discrimination In Employment: Rights And Remedies, J. Ralph Beaird

Scholarly Works

Professor Beaird believes that the current multiplicity of forums available to an employee who alleges discrimination against him should be merged into one. Ideally he would like to see an administrative agency given primary jurisdiction with authority similar to that possessed by the NLRB. Until an agency is given such power, Professor Beaird suggests that the forums themselves apply collateral estoppel principles to alleviate the inequities inherent in repetitious litigation.