Labor and Employment Law Commons^™

Sky Remains Intact: Why Allowing Subgroup Evidence Is Consistent With The Age Discrimination In Employment Act, Sandra F. Sperino

Faculty Articles and Other Publications

Employers' stereotypes about the effect of age on employment are not consistent across the entire group of individuals age forty and older. It is intuitive to believe that employers may view employees in their forties as being in their employment prime, while believing that employees in their sixties are not.' Likewise, perceptions of age may vary dramatically depending on the age of the decision-maker. Common sense tells us that a supervisor in his or her forties may create policies that are neutral or positive toward individuals in that age range, while either intentionally or unintentionally engaging in employment practices that …

Summary Comparison Of Select Foreign Exto Laws, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

State-By-State Guide To Unpaid, Job-Protected Extended Time Off Laws, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Keeping The Boss Out Of The Bedroom: California's Constitutional Right Of Privacy As A Limitation On Private Employers' Regulation Of Employees' Off-Duty Intimate Association, Erich Shiners

McGeorge Law Review

No abstract provided.

The Fundamental Incoherence Of Title Vii: Making Sense Of Causation In Disparate Treatment Law, Martin J. Katz

Sturm College of Law: Faculty Scholarship

This Article proposes a new approach to both prohibition and compensation. On the prohibition side, it proposes penalties and incentives that are unrelated to compensation. This approach will make clear that discriminatory conduct is prohibited irrespective of its effect on plaintiffs and ensure that such conduct is adequately deterred. On the compensation side, this Article proposes a new causal standard: a “necessity-or-sufficiency” test, along with a comparative fault approach to determine what level of compensation is due. While these proposals may seem radical in the context of disparate treatment law, they are widely accepted in modern tort law—the field from …

Select Foreign Exto Laws: By Country, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

The Day Laborer Debate: Small-Town, U.S.A. Takes On Federal Immigration Law Regarding Undocumented Workers, Margaret Hobbins

The Modern American

No abstract provided.

The "Tenure" Track For Subcontracted Workers, Adianez Castillo Misigoy, Vashti Mercado, Rita Montoya, Maria Lucero Ortiz

The Modern American

No abstract provided.

In The Service Of Secrets: The U.S. Supreme Court Revisits Totten, 39 J. Marshall L. Rev. 475 (2006), Douglas Kash, Matthew Indrisano

UIC Law Review

No abstract provided.

Foreword, 39 J. Marshall L. Rev. V (2006), Priscilla E. Ryan

UIC Law Review

No abstract provided.

Dedication, 39 J. Marshall L. Rev. Iii (2006), Honorable William J. Bauer

UIC Law Review

No abstract provided.

Should The Securities Exchange Act Be The Sole Federal Remedy For An Erisa Fiduciary Misrepresentation Of The Value Of Public Employer Stock?, 39 J. Marshall L. Rev. 637 (2006), Mark Casciari, Ian Morrison

UIC Law Review

No abstract provided.

Standards Of Practice For Pension Practitioners, 39 J. Marshall L. Rev. 667 (2006), David Pratt

UIC Law Review

No abstract provided.

Inherent Attorney Conflicts Of Interest Under Erisa: Using The Model Rules Of Professional Conduct To Discourage Joint Representation Of Dual Role Fiduciaries, 39 J. Marshall L. Rev. 721 (2006), Paul M. Secunda

UIC Law Review

No abstract provided.

The Great Vanishing Benefit, Employer Provided Retiree Medical Benefits: The Problem And Possible Solutions, 39 J. Marshall L. Rev. 785 (2006), Larry Grudzien

UIC Law Review

No abstract provided.

Can Systems Analysis Help Us To Understand C.O.B.R.A.?: A Challenge To Employment-Based Health Insurance, 39 J. Marshall L. Rev. 753 (2006), Alison Mcmorran Sulentic

UIC Law Review

No abstract provided.

Resolving The Judicial Paradox Of "Equitable" Relief Under Erisa Section 502(A)(3), 39 J. Marshall L. Rev. 827 (2006), Colleen E. Medill

UIC Law Review

No abstract provided.

If You Love Me Dear, Please Sign Here: Will The "Love Contract" Play A Role In Protecting Employers From Sexual Harassment Liability?, 40 J. Marshall L. Rev. 311 (2006), Jessica Lynn Mok O'Neill

UIC Law Review

No abstract provided.

From Legally Blonde To Miss Congeniality: The Femininity Conundrum, Anna M. Archer

Cardozo Journal of Equal Rights & Social Justice

The article argues that popular movies like Legally Blonde and Miss Congeniality perpetuate harmful gender stereotypes by depicting women as needing to conform to traditional notions of femininity or masculinity to succeed in male-dominated professions. These portrayals contradict the protections provided by Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on sex. The article contends that such films send the wrong message by suggesting women must change themselves to fit societal expectations rather than challenging those expectations.

The Ongoing Battle Over Weingarten Rights For Nonunion Employees: What Do Terrorism, Corporate Fraud And Workplace Violence Have To Do With It?, Sarah Helene Duggin

Scholarly Articles

Part I of this article offers a brief history of the development of the right of employees to co-worker representation. Part II analyzes the Board's June 2004 decision to withdraw Weingarten rights from non-union employees, and Part III explores key policy factors relevant to recognition of an employee's right to the presence of a co-worker in an investigative interview. Part IV argues that, rather than eliminating Weingarten rights for non-unionized workers, the NLRB should take the next available opportunity to reaffirm and enhance these safeguards.

Contractual Waivers Of A Right To Jury Trial - Another Opinion, Brian D. Weber

Cleveland State Law Review

It is well-settled that arbitration in the employment context is favored by the courts, and that there is a federal policy favoring arbitration agreements, in general. However, jury waivers outside of arbitration in the employment context are still a relatively novel idea in some jurisdictions, despite the fact that an arbitration agreement itself inherently prevents the employee from having a jury trial. The Sixth Circuit Court of Appeals, as well as the Ohio Supreme Court, have yet to determine if jury waivers in employment contracts are binding. This paper will assess contractual jury trial waivers in the employment context as …

Fielding A Team For The Fans: The Societal Consequences And Title Vii Implications Of Race-Considered Roster Construction In Professional Sport, N. Jeremi Duru

Scholarly Articles in Law Reviews & Journals

Professional sports organizations' relationships with their players are, like other employer-employee relationships, subject to scrutiny under the antidiscrimination mandates embedded in Title VII of the Civil Rights Act of 1964. Professional sports organizations are, however, unique among employers in many respects. Most notably, unlike other employers, professional sports organizations attract avid supporters who identify deeply with the teams and their players. To the extent an organization racially discriminates, therefore, such discrimination creates the risk that fans will identify with the homogenous or racially disproportionate roster that results. The consequences of such race-based team identification are wide-reaching and potentially tragic. Through …

Acknowledging Informal Power Dynamics In The Workplace: A Proposal For Further Development Of The Vicarious Liability Doctrine In Hostile Environment Sexual Harassment Cases, Susan Carle

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Overruling The Jury: Duncan V. Gmc And Appellate Treatment Of Hostile Work Environment Judgments, Dara Purvis

Faculty Scholarship

In 2002, the Eighth Circuit reversed a one million dollar jury award to the plaintiff in a sexual harassment suit against General Motors Corporation. This reversal demonstrates the danger of appellate review of such verdicts, limiting sexual harassment verdicts to the lowest common denominator in that circuit.

Who Should Pay The Human Price Of "Every Day Low Prices"?, Jeffrey A. Botelho

St. Thomas Law Review

This comment will provide an overview of Wal-Mart's more questionable (and, in many cases, illegal) employment practices, with a focus on both labor violations and a deficient health care plan. It will address some of the negative effects that Wal-Mart's health benefit policy has on American taxpayers. The comment will then turn its focus to the possibility of a return to unionization in the private sector as a means of acquiring adequate pay and better benefits for Wal-Mart workers. This discussion begins with an outline of the basic provisions of the National Labor Relations Act ("the Act") and continues with …

The Quest For Tenure: Job Security And Academic Freedom, Mark Adams

Articles

No abstract provided.

Victimizing The Abused?: Is Termination The Solution When Domestic Violence Comes To Work?, Nicole Buonocore Porter

Michigan Journal of Gender & Law

Part I of this article will discuss domestic violence, explaining the dynamics of domestic violence in an effort to shed light on why it is so difficult for a battered woman to leave the abusive relationship. This understanding is necessary for a sensitive and informed decision-making process. This Part will also discuss the magnitude of the effect that domestic violence has on the workplace. Part II will discuss a company's potential legal liability for: (a) wrongfully terminating the employee-victim and (b) failing to protect other employees (including, perhaps, the employee-victim herself) if the company does not terminate the employee-victim and …

What's Up On Stock-Drops? Moench Revisited, 39 J. Marshall L. Rev. 605 (2006), Craig C. Martin, Matthew J. Renaud, Omar R. Akbar

UIC Law Review

No abstract provided.

Disparate Impact And The Adea: So, Who Is Going To Be In The Comparison Group?, 39 J. Marshall L. Rev. 1475 (2006), Timothy Tommaso

UIC Law Review

No abstract provided.

The Profit Motive: Can Corporate Networks Be An Effective Conduit For Improving Worker Rights?, Alisa Dicaprio

Human Rights & Human Welfare

A review of:

Can Labor Standards Improve Under Globalization? By Kimberly Elliott and Richard Freeman. Washington: Institute for International Economics, 2003. 179pp.

and

Rising Above Sweatshops: Innovative Approaches to Global Labor Challenges. Edited by Laura Hartman, Denis Arnold and Richard Wokutch. Westport: Praeger Publishers, 2003. 414pp.

and

Transnational Corporations and Human Rights. Edited by Jedrzej Frynas and Scott Pegg. London: Palgrave Macmillan, 2003. 223pp.