Labor and Employment Law Commons^™

Consider The Source: When The Harasser Is The Boss, Susan Grover, Kimberly Piro

Faculty Publications

In Consider the Source, Susan Grover and Kim Piro argue for a change in the analysis that courts apply to determine whether actionable workplace harassment has occurred. They identify a gap in current doctrine, which allows courts to ignore the status of the harasser as co-worker or supervisor. The authors argue that harassment at the hands of a supervisor is necessarily more severe and pervasive than the same harassment by a coworker. As a result, they recommend that the harasser's identity as a supervisor or co-worker be treated as a necessary consideration when courts assess whether actionable harassment has occurred.

Estimating The Costs Per Job Created Of Employer Subsidy Programs, Timothy J. Bartik

Conference Papers

No abstract provided.

Occupational Safety And Health Standards As Federal Law: The Hazards Of Haste, Robert D. Moran

William & Mary Law Review

No abstract provided.

The Response Of The U.S. Workforce System To The Needs Of Workers During The Current Recession, Randall W. Eberts

Conference Papers

No abstract provided.

Vol. 27, No. 4, Ryan Shannon

The Illinois Public Employee Relations Report

Contents:

Public Sector Furloughs: Player Perspectives, Strategies, and Grounds for Challenge, by Ryan Shannon

Recent Developments

Reinventing The Eeoc, Nancy M. Modesitt

All Faculty Scholarship

The Equal Employment Opportunity Commission (EEOC) has struggled to be a meaningful force in eradicating employment discrimination since its inception. The primary reasons for this are structural in nature. The EEOC was designed to react to discrimination complaints by investigating and conciliating all of the thousands of complaints filed annually. The EEOC has never been able to investigate all these complaints despite using the vast majority of its resources attempting to do so. The devotion of resources to managing and investigating the huge volume of complaints prevents the EEOC from taking more effective steps to eliminate discrimination. This article proposes …

Brilliant Disguise: An Empirical Analysis Of A Social Experiment Banning Affirmative Action, Deirdre M. Bowen

Indiana Law Journal

No abstract provided.

The United States Guestworker Program: The Need For Reform, Elizabeth Johnston

Vanderbilt Journal of Transnational Law

Although often marginalized, guestworkers are an integral part of the United States economy. In 2006 alone, the U.S. government certified visas for 18,736 temporary workers. The program expanded in subsequent years and continues to grow each year. Despite its broad scope, huge impact on the labor force, and the extensive existing legislation regarding it, the guestworker program has permitted most employers of guestworkers to eschew the regulations or find loopholes, resulting in a system that is largely exploitative. Abuse of workers begins in their home countries, intensifies during the period of employment, and often continues even after employment terminates. Workers …

Making Strange Bedfellows: Enlisting The Cooperation Of Undocumented Employees In The Enforcement Of Employer Sanctions, Farhang Heydari

Vanderbilt Law School Faculty Publications

Conventional wisdom dictates that in order to control undocumented immigration, the law should punish employers who hire unauthorized workers Although decades have passed with employer sanctions laws in place, it is indisputable that effective enforcement remains elusive. In fact, rather than consistently targeting employers, U.S. immigration authorities have more often focused on individual immigrants. Recently, however, with immigration policy at the forefront of national attention, there has been a call for a renewed focus on the nation's worst offending employers. But after years of lax enforcement, immigration authorities are in a poor position to effectively change their strategy. To help …

The Gross Beast Of Burden Of Proof: Experimental Evidence On How The Burden Of Proof Influences Employment Discrimination Case Outcomes, David Sherwyn, Michael Heise

Cornell Law Faculty Publications

Scholarly and public attention to the burden of proof and jury instructions has increased dramatically since the Supreme Court's 2009 decision in Gross v. FBL Financial Services, Inc. Gross holds that the so-called mixed-motive jury instruction, which we call the motivating factor instruction, is not available in age, and possibly disability and retaliation cases. The decision prompted an outcry from the plaintiffs' bar and Congress has proposed legislation to overturn Gross. Despite the outcry, a simple question persists: Does the motivating factor jury instruction influence case outcomes? Results from our experimental mock jury study suggest that such jury instructions …

Redressing All Erisa Fiduciary Breaches Under Section 409 (A), Eric D. Chason

Faculty Publications

No abstract provided.

Erisa Preemption Doctrine As Health Policy, Joshua P. Booth, Larry I. Palmer

Faculty Publications

No abstract provided.

Trick Or Treat: The Ethics Of Mediator Manipulation, Jim Coben, Lela P. Love

Articles

Much of what good mediators do can be characterized as “helpful interventions” that assist the parties towards legitimate goals such as a better understanding, a platform for developing options, and (where the parties choose) an agreement or settlement. However, all such “helpful interventions” are inevitably "manipulative," in the sense that the mediator is, often unilaterally, making “moves” with profound impact on the parties’ bargaining. To evaluate the ethics of any individual move, the authors propose asking two questions: 1) does the move further or help a legitimate party or process goal that advances party self-determination in decision-making; and 2) is …

Reply Brief. Staub V. Proctor Hospital, 562 U.S. 411 (2011) (No. 09-400), 2010 U.S. S. Ct. Briefs Lexis 1916, Patricia Ann Millet, Eric Schnapper, Julie L. Galassi

Court Briefs

No abstract provided.

Setting And Adjusting Workforce Performance Targets, Randall W. Eberts

Conference Papers

No abstract provided.

A Literature Review On Methodology For Measuring And Monitoring Net Impacts Of Employment Benefits And Support Measures, Christopher J. O'Leary

Reports

No abstract provided.

Use Of Ui And Es By Recent Tanf Leavers, Christopher J. O'Leary

Conference Papers

No abstract provided.

Workforce Investment Act (Wia) Net Impact Estimates And Rates Of Return, Kevin Hollenbeck

Conference Papers

No abstract provided.

Overview Of Job Protected Leave, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

An overview of job protected leave by number of employees and state.

Brief For Petitioner, Thompson V. North American Stainless, Lp, 562 U.S. 170 (2011) (No. 09-291), 2010 Wl 3501186, Eric Schnapper, David O'Brien Suetholz, Lisa S. Blatt

Court Briefs

QUESTIONS PRESENTED

Section 704(a) of Title VII forbids an employer from retaliating against an employee because he or she engaged in certain protected activity. The questions presented are:

(1) Does section 704(a) forbid an employer from retaliating for such activity by inflicting reprisals on a third party, such as a spouse, family member or fiance, who is closely associated with the employee who engaged in such protected activity?

(2) If so, may that prohibition be enforced in a civil action brought by the third party victim?

Real Work: Domestic Workers' Exclusion From The Protections Of Labor Laws, Lisa Diaz-Ordaz

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Federal Employer Sanctions As Immigration Federalism, Darcy M. Pottle

Michigan Journal of Race and Law

For low-skilled workers in much of the world, U.S. admission policies make illegal immigration the most viable means of entering the country. Low average schooling, which disqualifies many potential immigrants from employment-based visas, and long queues affecting family preference immigration from high-traffic countries, make the admission criteria outlined in the U.S. Immigration and Nationality Act (INA) prohibitive for most would-be immigrants to the United States. Perhaps due to this failure of immediate legal avenues, many immigrants enter the country illegally. Though many eventually gain legal status, in the meantime they live and work in the United States without documentation. "Illegal …

Why Is Child Labour Detrimental For Children?, Cassandra Fernandes Faria

Institute for Educational Development, Karachi

No abstract provided.

Data Note: Measuring The Outcomes Of Job Seekers With Intellectual Or Developmental Disabilities In The Vocational Rehabilitation Program, Daria Domin, Alberto Migliore

Data Note Series, Institute for Community Inclusion

Most people with intellectual or developmental disabilities aspire to gainful employment. To assist them with this goal, state Vocational Rehabilitation (VR) agencies offer employment-development services that are based upon Individualized Plans for Employment (IPEs). A commonly used measure of outcomes is the rehabilitation rate, which is defined as the percentage of individuals who achieve employment out of all individuals whose cases were closed after receiving services. This indicator, however, neglects to consider that for various reasons not all individuals progress to receive services. This information is important because not receiving services translates directly into exiting the VR program without an …

Eradicating Child Labour In Pakistan, Nilofar Vazir, Yasmeen Mehboob Meghani

Institute for Educational Development, Karachi

No abstract provided.

Fait Accompli?: Where The Supreme Court And Equal Pay Meet A Narrow Legislative Override Under The Lilly Ledbetter Fair Pay Act, Megan Coluccio

Seattle University Law Review

This Comment argues the Lilly Ledbetter Fair Pay Act’s consequences will be minimally felt, so long as the Act is narrowly construed. The Comment suggests congressional action was appropriate after the Supreme Court’s Ledbetter decision and discusses the political and legislative debate leading to the Act. In addition, the Comment analyzes the Act in application, exploring its meaning, implications, and function. The Comment argues that the concerns and consequences arising from the enactment of the Act can be alleviated and avoided by a narrow interpretation of its amendment to Title VII of the Civil Rights Act. Finally, the Comment recommends …

Staying Neutral: How Washington State Courts Should Approach Negligent Supervision Claims Against Religious Organizations, Kelly H. Sheridan

Washington Law Review

The torts of negligent hiring, supervision, and retention place a duty on employers to prevent their employees from using the places, things, or tasks entrusted to them to harm foreseeable victims. The negligent employment torts create an independent duty under which plaintiffs may pursue an action when suits brought under a vicarious liability or breach of fiduciary duty theory would fail. For victims of sexual misconduct by religious leaders, negligent supervision claims against religious organizations are a crucial means of remedying serious and lasting injuries. Washington state law recognizes negligent supervision, and Washington courts have applied it to religious organizations, …

Staying Neutral: How Washington State Courts Should Approach Negligent Supervision Claims Against Religious Organizations, Kelly H. Sheridan

Washington Law Review

The torts of negligent hiring, supervision, and retention place a duty on employers to prevent their employees from using the places, things, or tasks entrusted to them to harm foreseeable victims. The negligent employment torts create an independent duty under which plaintiffs may pursue an action when suits brought under a vicarious liability or breach of fiduciary duty theory would fail. For victims of sexual misconduct by religious leaders, negligent supervision claims against religious organizations are a crucial means of remedying serious and lasting injuries. Washington state law recognizes negligent supervision, and Washington courts have applied it to religious organizations, …

Staying Neutral: How Washington State Courts Should Approach Negligent Supervision Claims Against Religious Organizations, Kelly H. Sheridan

Washington Law Review

The torts of negligent hiring, supervision, and retention place a duty on employers to prevent their employees from using the places, things, or tasks entrusted to them to harm foreseeable victims. The negligent employment torts create an independent duty under which plaintiffs may pursue an action when suits brought under a vicarious liability or breach of fiduciary duty theory would fail. For victims of sexual misconduct by religious leaders, negligent supervision claims against religious organizations are a crucial means of remedying serious and lasting injuries. Washington state law recognizes negligent supervision, and Washington courts have applied it to religious organizations, …

Exploring Policy Models For Extended Time Off, Erica H. Zielewski, Shelley Waters Boots

Memos and Fact Sheets

Whether it’s a personal health condition, the birth of a new child, or the need to address a serious health issue of an aging parent, many, if not most workers, find that at certain points in their lives, they will need an extended amount of time off from work. We refer to this as Extended Time Off (EXTO). In addition, there is a growing body of research that outlines the potential benefits of paid time off for workers, their families (and in particular children), as well as some research suggesting a benefit to employers providing paid EXTO. While the U.S. …