Labor and Employment Law Commons^™

Legal Discrimination: How Indonesian Law Fails To Protect Domestic Workers, Andrea Hunwick

Public Interest Law Reporter

No abstract provided.

Walmart's Discrimination Woes, Jeffrey Sussman

Public Interest Law Reporter

No abstract provided.

Retaliatory Harassment: Sex And The Hostile Coworker As The Enforcer Of Workplace Norms, Rhonda Reaves

Journal Publications

This Article focuses on the legal treatment of retaliatory harassment claims. It argues that retaliatory harassment is an often misunderstood and underanalyzed concept in the law of workplace harassment. This Article seeks to distinguish the legal treatment of retaliatory harassment from sexual harassment. Part I of this Article describes the use of harassment as a method of enforcing workplace norms; it details how harassment is used not just to further a worker's own individual sexist (or racist) agenda, but how it is used to keep women (and minority groups) in subordinate positions. Part II describes the current legal frameworks for …

Fighting Discrimination While Fighting Litigation: A Tale Of Two Supreme Courts, Scott A. Moss

Publications

The U.S. Supreme Court has issued an odd mix of pro-plaintiff and pro-defendant employment law rulings. It has disallowed harassment lawsuits against employers even with failed antiharassment efforts, construed statutes of limitations narrowly to bar suits about ongoing promotion and pay discrimination, and denied protection to public employee internal complaints. Yet the same Court has issued significant unanimous rulings easing discrimination plaintiffs' burdens of proof.

This jurisprudence is often miscast in simple pro-plaintiff or pro-defendant terms. The Court's duality traces to its inconsistent and unaware adoption of competing policy arguments:

Policy 1: Employees must try internal dispute resolution before suing--or …

The Centennial Shuffle: City Of Enid V. Public Employees Relations Board: How The Oklahoma Supreme Court Upheld A Century Of Population-Based Classifications While Foreshadowing Another Century Of Confusion Concerning The Laws That Govern Them, Kristopher Dale Jarvis

Oklahoma Law Review

No abstract provided.

The Triangle Shirtwaist Factory Fire Trial, Douglas O. Linder

Faculty Works

It was a warm spring Saturday in New York City, March 25, 1911. On the top three floors of the ten-story Asch Building just off of Washington Square, employees of the Triangle Shirtwaist Factory began putting away their work as the 4:45 p.m. quitting time approached. Most of the several hundred Triangle Shirtwaist employees were teenage girls. Most were recent immigrants. Many spoke only a little English. Just then somebody on the eighth floor shouted, Fire! Flames leapt from discarded rags between the first and second rows of cutting tables in the hundred-foot-by-hundred-foot floor. Triangle employee William Bernstein grabbed pails …

Finding Worth In The New Workplace: The Implications Of Comparable Worth's Reemergence In The Global Economy, Daniel N. Kuperstein

Hofstra Labor & Employment Law Journal

No abstract provided.

The Employment Discrimination Provisions Of The Americans With Disabilities Act: Implementation And Impact, Scott Burris, Kathryn Moss

Hofstra Labor & Employment Law Journal

Title I of the Americans with Disabilities Act prohibits employment discrimination on the basis of disability. Since its passage in 1990, debate has raged about whether the statute is doing any good. A steady stream of narrowing court decisions has led some to declare the law a failure. This article reviews the empirical evidence on the effectiveness of Title I. Many studies find a decline in employment rates among the disabled in the wake of the ADA, but the evidence that these declines were caused by the ADA is weak. Title I protects people who require no more than a …

The Creative Necessity Defense, Free Speech, And California Sexual Harassment Law, Thomas D. Brierton, Peter Bowal

Hofstra Labor & Employment Law Journal

No abstract provided.

Forty-Three And Counting: Eeoc's Challenges And Successes And Emerging Trends In The Employment Arena, Naomi C. Earp

Hofstra Labor & Employment Law Journal

No abstract provided.

Romance In The Workplace: When "Love" Becomes Litigation, Maureen S. Binetti

Hofstra Labor & Employment Law Journal

No abstract provided.

The Criminal Element Of Neutrality Agreements, Mark A. Carter, Shawn P. Burton

Hofstra Labor & Employment Law Journal

No abstract provided.

An Offer They Can't Refuse: Crafting An Employer's Immigration Compliance Program, John R. Bunker

Hofstra Labor & Employment Law Journal

No abstract provided.

Solidarity And Betrayal In The North Woods: A Review Of Strike! By Julius Getman, Cynthia Estlund

Hofstra Labor & Employment Law Journal

No abstract provided.

Two Goals For Executive Compensation Reform, Brett H. Mcdonnell

NYLS Law Review

No abstract provided.

Guiry V. Goldman, Sachs & Co., Adam B. Hahn

NYLS Law Review

No abstract provided.

Governance Of The Workplace: The Contemporary Regime Of Individual Contract, Kenneth G. Dau-Schmidt, Timothy A. Haley

Articles by Maurer Faculty

No abstract provided.

Multinational Enterprises And Workplace Reproductive Health: Extending Corporate Social Responsibility, Rebecca K. Atkins

Vanderbilt Journal of Transnational Law

Corporate social responsibility is a relatively new approach to the protection of human rights. While the human rights to whole-body health and workplace health are long-standing, the right to reproductive health is a new topic of discussion. This Note examines the right to reproductive health in the workplace and proposes that it would be best protected by imposing an affirmative duty on multi-national enterprises via corporate social responsibility. Origins of human rights, corporate social responsibility, and reproductive health are discussed before turning to the developing stalemate between multi-national enterprises and less developed countries.

Icing The Competition: The Nonstatutory Labor Exemption And The Conspiracy Between The Nhl And Ohl In Nhlpa V. Plymouth Whalers Hockey Club, Thomas Brophy

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Future Of Labor Through The Prism Of Bankruptcy, G. Ray Warner, David L. Gregory

Faculty Publications

(Excerpt)

On Friday, September 28, 2008, St. John's University School of Law was very honored to host "The Future of Labor Through the Prism of Bankruptcy" Symposium. St. John's Institute of Bankruptcy Policy, the American Bankruptcy Institute Law Review, and the Labor Relations and Employment Society at the School of Law co-sponsored this landmark symposium.

Many of the structural changes in contemporary labor-management relationships emanate from the intersections of labor law and bankruptcy law. Many of the nation's major "legacy" industries—including, but not limited to, the unionized auto makers and many airlines—are compelling case studies. Indeed, only a few …

Branded: Corporate Image, Sexual Stereotyping, And The New Face Of Capitalism, Dianne Avery, Marion Crain

Journal Articles

No abstract provided.

Strike Three - You're Out! Revamping The New York State Taylor Law In Response To Three Transport Workers' Strikes, Erin Audra Russ

Cardozo Journal of Conflict Resolution

For almost three days in late December 2005, millions of New York City commuters braved frigid temperatures as they trekked to work. Armed with their iPods and winter coats appropriate for an arctic expedition, the public walked, rode their bikes, and scooted on Segways to get where they needed to go. Some New Yorkers even did the unthinkable-they shared cabs and cars with complete strangers. These commuters did not abandon their usual overcrowded, rickety bus or subway to enjoy a very blistery winter wonderland just days before Christmas. They changed their routine because they had no choice: The Transit Workers …

Education And Labor Relations: Asian Americans And Blacks As Pawns In The Furtherance Of White Hegemony, Xiaofeng Stephanie Da

Michigan Journal of Race and Law

Asian Americans and Blacks have been, and continue to be, racialized relative to each other in our society. Asian Americans and Blacks have come to occupy marginalized positions as the polarized ends on the economic spectrums of education and labor relations, with an expanding "Whiteness" as the filler in the middle as Whites manipulate the differing interests of both subordinated groups to align with White (the dominant group's) interests. Although Whites purport to champion the interests of one subordinate group over the other, in reality the racialization of Asian Americans and Blacks in our country is rooted in the preservation …

Unlocking The Doors To Justice: Protecting The Rights And Remedies Of Domestic Workers In The Face Of Diplomatic Immunity, Amy Tai

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Privileged But Equal? A Comparison Of U.S. And Israeli Notions Of Sex Equality In Employment Law, Leora F. Eisenstadt

Vanderbilt Journal of Transnational Law

Ever-expanding media coverage, scholarship, and popular publications discussing the difficulty of combining work and family suggest that this issue is now the essential locus for gender debate in the United States. The essence of the debate is the meaning of equality: whether it carries the same meaning for women and men, whether biological and sociological differences should impact the understanding of equality, and whether law and social policy should reflect or encourage these differences. Privileged but Equal details the theory of sex equality that is embodied in Israeli employment law and contrasts it with the U.S. approach. The Article suggests …

The Title Vii Tug-Of-War: Application Of U.S. Employment Discrimination Law Extraterritorially, Latoya S. Brown

Vanderbilt Journal of Transnational Law

Companies around the world increasingly are engaging in cross-border business transactions. Globalization is a must if companies want to continue to be competitive in the marketplace--indeed it is an inevitable reality. However, in the midst of this reality is another reality: the legal implications of establishing operations abroad. Transnational expansion introduces companies to an interesting game of tug-of-war in which companies may find themselves torn between compliance with U.S. law and compliance with the laws of the host country. This Note discusses this tug-of-war in the context of Title VII of the Civil Rights Act of 1964. Over 15 years …

Latino Inter-Ethnic Employment Discrimination And The Diversity Defense, Tanya K. Hernandez

Faculty Scholarship

With the growing racial and ethnic diversity of the U.S. population and workforce, scholars have begun to address the ways in which coalition building across groups not only will continue to be necessary but also will become even more complex. Recent scholarship has focused on analyzing how best to promote effective coalition building. Thus far, scholars have not examined what that growing racial and ethnic diversity will mean in the context of individual racial and ethnic discrimination claims. What will antidiscrimination litigation look like when all the parties involved are non-White but nonetheless plaintiffs allege that a racial hierarchy exists …

Tax Consequences When A New Employer Bears The Cost Of The Employee's Terminating A Prior Employment Relationship, Douglas A. Kahn, Jeffrey H. Kahn

Articles

The next few months will be busy ones for moving companies that have NCAA basketball coaches as customers. In the past few months, several men's college basketball coaches have accepted jobs at different schools. Several of those coaches, who were still under contract at their former institution, had buy out provisions that allowed them to terminate their relationship for a set price. John Beilein is a prominent example of this since his buy out price was so high. Last season, Beilein was the head basketball coach at West Virginia University where he was under contract with the school until 2012. …

Rediscovering The Public Interest: An Analysis Of The Common Law Governing Post-Employment Non-Compete Contracts For Media Employees, Cathy Packer, Johanna Cleary

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Reasonable Burdens: Resolving The Conflict Between Disabled Employees And Their Coworkers, Nicole Buonocore Porter

Faculty Publications

This Article addresses one of the most difficult issues under the reasonable accommodation provision of the Americans with Disabilities Act (ADA): how to resolve the conflict that arises when accommodating a disabled employee negatively affects or interferes with the rights of other employees. Several scholars and the Supreme Court (in U.S. Airways, Inc. v. Barnett) have weighed in on this debate, but their analyses fall short of the ultimate goal of this Article--to achieve equal opportunity for individuals with disabilities without unnecessarily interfering with the rights of other employees. In order to achieve that goal, this Article proposes a …