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Articles 91 - 106 of 106

Full-Text Articles in Labor and Employment Law

Proceedings Of The 1999 Annual Meeting, Association Of American Law Schools Section On Employment Discrimination Law: Is There A Disconnect Between Eeo Law And The Workplace?, Douglas D. Scherer, James C. Sharf, Richard T. Seymour, Maria O'Brien Hylton, Paulette Caldwell Jan 1999

Proceedings Of The 1999 Annual Meeting, Association Of American Law Schools Section On Employment Discrimination Law: Is There A Disconnect Between Eeo Law And The Workplace?, Douglas D. Scherer, James C. Sharf, Richard T. Seymour, Maria O'Brien Hylton, Paulette Caldwell

Scholarly Works

No abstract provided.


Judge-Made Insurance That Was Not On The Menu: Schmidt V. Smith And The Confluence Of Text, Expectation, And Public Policy In The Realm Of Employment Practices Liability, Jeffrey W. Stempel Jan 1999

Judge-Made Insurance That Was Not On The Menu: Schmidt V. Smith And The Confluence Of Text, Expectation, And Public Policy In The Realm Of Employment Practices Liability, Jeffrey W. Stempel

Scholarly Works

In Schmidt v. Smith, the New Jersey Supreme Court caught more than a few observers by surprise. New Jersey courts have generally issued opinions regarded as pro-claimant and pro-policyholders. But everyone's taste for recompense and coverage has limits. In Schmidt, the court exceeded those limits for many observers by holding that despite what it regarded as clear contract language in an exclusion, an insurer providing Employers’ Liability (“EL”) coverage along with Workers' Compensation (“WC”) insurance for the employer was required to provide coverage in a case of blatant sexual harassment bordering on criminal assault. In doing so, the Schmidt court, …


Causation In Occupational Disease: Balancing Epidemiology, Law And Manufacturer Conduct, Richard M. Lynch, Mary S. Henifin Jun 1998

Causation In Occupational Disease: Balancing Epidemiology, Law And Manufacturer Conduct, Richard M. Lynch, Mary S. Henifin

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

Drs. Lynch & Henefin examine evolution of disease causation theory and its impact on public health, as well as how these relate to the courtroom admissibility of expert opinion evidence.


Hostile Environments And The Religious Employee, Theresa M. Beiner, John M.A. Dipippa Jul 1997

Hostile Environments And The Religious Employee, Theresa M. Beiner, John M.A. Dipippa

University of Arkansas at Little Rock Law Review

No abstract provided.


Doing Justice And Loving Kindness: A Comment On Hostile Environments And The Religious Employee, Charlotte Elizabeth Parsons Jul 1997

Doing Justice And Loving Kindness: A Comment On Hostile Environments And The Religious Employee, Charlotte Elizabeth Parsons

University of Arkansas at Little Rock Law Review

No abstract provided.


Learning Disabilities In The Workplace: A Guide To Ada Compliance, Hilary Greer Fike Jan 1997

Learning Disabilities In The Workplace: A Guide To Ada Compliance, Hilary Greer Fike

Seattle University Law Review

This Comment is a guide for both employers and employees in successfully complying with the ADA's provisions, as they relate to persons with learning disabilities. Part II of this paper examines the types of employment discrimination that individuals with learning disabilities encounter in the application, daily work, and promotion processes. Part III provides an overview of the employment discrimination provisions of the ADA and how those provisions apply to people with learning disabilities. To illustrate how different people with learning disabilities fare in the workforce, Part IV includes narratives of two learning disabled people attempting to find equal employment and …


Employer Regulation Of Romantic Relationships: The Unsettled Law Of New York State, Alyce H. Rogers Jan 1997

Employer Regulation Of Romantic Relationships: The Unsettled Law Of New York State, Alyce H. Rogers

Touro Law Review

No abstract provided.


Book Review. Turbulence!: Challenges And Opportunities In The World Of Work: Are You Prepared For The Future? By Roger E. Herman, Juliet Casper Smith Jan 1996

Book Review. Turbulence!: Challenges And Opportunities In The World Of Work: Are You Prepared For The Future? By Roger E. Herman, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Labor Is Losing Ground In The Workplace, Kenneth Lasson Sep 1994

Labor Is Losing Ground In The Workplace, Kenneth Lasson

All Faculty Scholarship

No abstract provided.


Reinventing Reality: The Impermissible Intrusion Of After-Acquired Evidence In Title Vii Litigation, Ann C. Mcginley Jan 1993

Reinventing Reality: The Impermissible Intrusion Of After-Acquired Evidence In Title Vii Litigation, Ann C. Mcginley

Scholarly Works

This Article analyzes the use of after-acquired evidence to defeat a discrimination victim's claim against her employer. The use of the Mount Healthy and Price Waterhouse mixed motives analysis in after-acquired evidence cases is misplaced because it is impossible for the permissible motive—resume fraud—to have been a factor in the adverse employment decision. Furthermore, after the enactment of the Civil Rights Act of 1991, it would be an improper judicial intrusion upon the power of the legislature for courts to apply mixed motives analysis to these cases. Besides the constitutional limitation on the judiciary's power created by the Civil Rights …


Workers' Compensation And Sexual Harassment In The Workplace: A Remedy For Employees, Or A Shield For Employers?, Ruth C. Vance Jan 1993

Workers' Compensation And Sexual Harassment In The Workplace: A Remedy For Employees, Or A Shield For Employers?, Ruth C. Vance

Law Faculty Publications

No abstract provided.


Book Review, Kristin S. Shrader-Frechette Jun 1992

Book Review, Kristin S. Shrader-Frechette

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

Review of the following: ELAINE DRAPER, Risky BUSINESS: GENETIC TESTING AND EXCLUSIONARY PRACTICES IN THE HAZARDOUS WORKPLACE. (Cambridge University Press 1991) [315 pp.] Index of names and subjects, glossary, notes, references. LC 90-28112; ISBN 0-521-37027-2 (cloth $49.50); ISBN 0-42248-5 (paper $15.95). [40 W. 20th St., New York NY 10011.]


Fertile Women May Now Apply: Fetal Protection Policies After Johnson Controls, Barbara Ruhe Grumet Jun 1991

Fertile Women May Now Apply: Fetal Protection Policies After Johnson Controls, Barbara Ruhe Grumet

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

In its recent interpretation of Title VII of the Civil Rights Act, the U.S. Supreme Court leaves little room for permissible occupational sex discrimination. However, its decision has wider implications. Here, Professor Grumet takes a look at some of them from both a legal and a social perspective, including matters such as employees' reproductive freedom and employers' potential liability for a variety of possible injuries to employees' offspring.


Review Of Occupational Safety And Health Law (Stephen A. Bokat & Horace A. Thompson, Eds., Bna Books), Anthony J. Dangelantonio Jan 1991

Review Of Occupational Safety And Health Law (Stephen A. Bokat & Horace A. Thompson, Eds., Bna Books), Anthony J. Dangelantonio

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

Review of the book OCCUPATIONAL SAFETY AND HEALTH LAW. (Stephen A. Bokat and Horace A Thompson, eds., BNA Books 1986.) 988 pp. Appendices, bibliographical references, index, table of cases. LC 88-7252; ISBN 0-87179-527-2 [$95.00. P.O.B. 7816, Edison NJ 08818-7816.]. SUPPLEMENT (1988.) 220 pp. LC 89-13999, ISBN 0-87179-640-6


Test Defamation In The Workplace: False Positive Results In Detecting Lies, Aids, Or Drug Use, Elaine W. Shoben Jan 1988

Test Defamation In The Workplace: False Positive Results In Detecting Lies, Aids, Or Drug Use, Elaine W. Shoben

Scholarly Works

Workplace tests given to applicants or employees can be divided into two general types: (1) Tests with results that measure ability or performance on a continuous, comparative scale and (2) tests with essentially dichotomous results indicating the truth or falsity of some fact about the worker. Aptitude tests or quantified supervisorial ratings fall into the first category. They have been the subject of substantial litigation brought primarily under Title VII of the Civil Rights Act of 1964. In contrast, the second category of workplace tests has received comparatively little judicial attention. This group includes drug tests, other medical tests such …


The Legal Rights Of Nonsmokers In The Workplace, Raymond L. Paolella Jan 1987

The Legal Rights Of Nonsmokers In The Workplace, Raymond L. Paolella

Seattle University Law Review

This Article examines the legal rights of nonsmokers based upon the common law right to a safe workplace, federal and state laws protecting handicapped persons, other tort theories, various federal and state statutory provisions, administrative regulations, and local ordinances. Although strong emphasis is placed on the legal rights of nonsmokers in the workplace, the rights of nonsmokers in public places will also be discussed. The main focus is on Washington law; however, the common law and federal law theories discussed in this Article should be viable in many other jurisdictions throughout the United States.