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

Labor and Employment Law Commons™

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

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 6151 - 6180 of 11183

Full-Text Articles in Labor and Employment Law

Rehabilitate The Age Discrimination In Employment Act: Resuscitate The “Reasonable Factors Other Than Age” Defense And The Disparate Impact Theory, Judith J. Johnson Jan 2004

Rehabilitate The Age Discrimination In Employment Act: Resuscitate The “Reasonable Factors Other Than Age” Defense And The Disparate Impact Theory, Judith J. Johnson

Journal Articles

The Age Discrimination in Employment Act (ADEA) promised to protect older workers from discriminatory exclusion from the workforce, but recent studies show that older workers are being cut from the workforce and are unable to find employment. In a 1995 article, I warned of the potential dangers of construing the ADEA to allow employment decisions based on age-correlated criteria. Most courts have failed to heed these warnings and now approve employer practices, such as terminating employees based on higher salaries and refusing to hire workers with too much experience. These practices may explain the difficulty older workers are having retaining …

Go to article

Race, Gender, And Work/Family Policy, Nancy E. Dowd Jan 2004

Race, Gender, And Work/Family Policy, Nancy E. Dowd

UF Law Faculty Publications

Family leave is not an end in itself, but rather is part of a much bigger picture: work/family policy. The goal of work/family policy is to achieve a good society by supporting families. Ideally, families enable children to develop to their fullest capacity and to contribute to their communities and society. Public rhetoric in the United States has always strongly supported families. Our policies, however, have not. In the area of work/family policy, the United States continues to lag behind every other advanced industrialized country, as well as many developing countries, in the degree to which we provide affirmative support …

Go to article

Bringing The Margin To The Center: Comprehensive Strategies For Work/Family Policies, Nancy E. Dowd Jan 2004

Bringing The Margin To The Center: Comprehensive Strategies For Work/Family Policies, Nancy E. Dowd

UF Law Faculty Publications

The ultimate goal of work/family policy has always seemed deceptively clear: to provide institutional and cultural support to permit a healthy balance between family and work. An implicit assumption of that goal is that it would be achieved without undermining principles of equality. Indeed, the assumed result of work/family balance is that it would help achieve equality: families would be treated equally, caregivers would be supported equally, and children and family members would receive necessary and important care equally. It has long been recognized that work/family balance is especially critical to gender equality. Equality principles require that work/family policy and …

Go to article

Family And Medical Leave Act Reform: Is Paid Leave The Answer, Eric Daniel Jan 2004

Family And Medical Leave Act Reform: Is Paid Leave The Answer, Eric Daniel

Cleveland State Law Review

This Note will discuss the current status of the Family Medical Leave Act (FMLA) and the drawbacks of having an unpaid federal leave program. It will explore the inability of the current federal program to achieve the fundamental goal of enabling workers to take time off of work to bond with a newborn child, to tend to an ill relative, or to allow time for recuperation of the employee's own serious health condition. In discussing this shortfall, this Note will focus on the impractical expectation that an employee in one of these situations will be able to spend up to …

Go to article

Balancing Indigenous Rights And A State's Right To Develop In Latin America: The Inter-American Rights Regime And Ilo Convention 169, David C. Baluarte Jan 2004

Balancing Indigenous Rights And A State's Right To Develop In Latin America: The Inter-American Rights Regime And Ilo Convention 169, David C. Baluarte

Sustainable Development Law & Policy

No abstract provided.

Go to article

Indigenous Peoples' Free Prior And Informed Consent In The Inter-American Human Rights System, Alex Page Jan 2004

Indigenous Peoples' Free Prior And Informed Consent In The Inter-American Human Rights System, Alex Page

Sustainable Development Law & Policy

No abstract provided.

Go to article

The Unsupported Delegation Of Conflict Adjudication In Erisa Benefit Claims Under The Guise Of Judicial Deference, Donald T. Bogan Jan 2004

The Unsupported Delegation Of Conflict Adjudication In Erisa Benefit Claims Under The Guise Of Judicial Deference, Donald T. Bogan

Faculty Articles

No abstract provided.

Go to article

The Muddles Over Outsourcing, Jagdish N. Bhagwati, Arvind Panagariya, T.N. Srinivasan Jan 2004

The Muddles Over Outsourcing, Jagdish N. Bhagwati, Arvind Panagariya, T.N. Srinivasan

Faculty Scholarship

In the early 1980s, “outsourcing” typically referred to the situation when firms expanded their purchases of manufactured physical inputs, like car companies that purchased window cranks and seat fabrics from outside the firm rather than making them inside. But in 2004, outsourcing took on a different meaning. It referred now to a specific segment of the growing international trade in services. This segment consists of arm’s-length, or what Bhagwati (1984) called “long-distance,” purchase of services abroad, principally, but not necessarily, via electronic mediums such as the telephone, fax and the Internet. Outsourcing can happen both though transactions by firms, like …

Go to article

A Woman's World, Michael Fischl Jan 2004

A Woman's World, Michael Fischl

Faculty Articles and Papers

No abstract provided.

Go to article

Guilty As Charged, Jay Hatheway Jan 2004

Guilty As Charged, Jay Hatheway

Hofstra Labor & Employment Law Journal

No abstract provided.

Go to article

Veterans Speak Out: A Collection Of Essays From The Documenting Courage Project, Phil Adams, Sharon E. Debbage Alexander, Patricia Baillie, Laura Ballard, Jeff Cleghorn, Nick Marulli Jan 2004

Veterans Speak Out: A Collection Of Essays From The Documenting Courage Project, Phil Adams, Sharon E. Debbage Alexander, Patricia Baillie, Laura Ballard, Jeff Cleghorn, Nick Marulli

Hofstra Labor & Employment Law Journal

No abstract provided.

Go to article

How Do You Say Gay In Arabic? Being Essential Under "Don't Ask, Don't Tell", Alastair Gamble Jan 2004

How Do You Say Gay In Arabic? Being Essential Under "Don't Ask, Don't Tell", Alastair Gamble

Hofstra Labor & Employment Law Journal

No abstract provided.

Go to article

Service Member Experiences Roundtable, James A. Garland Jan 2004

Service Member Experiences Roundtable, James A. Garland

Hofstra Labor & Employment Law Journal

No abstract provided.

Go to article

The Graduate Assistant Labor Movement, Nyu And Its Aftermath: A Study Of The Attitudes Of Graduate Teaching And Research Assistants At Seven Universities, Gerilynn Falasco, William J. Jackson Jan 2004

The Graduate Assistant Labor Movement, Nyu And Its Aftermath: A Study Of The Attitudes Of Graduate Teaching And Research Assistants At Seven Universities, Gerilynn Falasco, William J. Jackson

Hofstra Labor & Employment Law Journal

No abstract provided.

Go to article

Same-Sex Harassment: Do Either Price Waterhouse Or Oncale Support The Ninth Circuit's Holding In Nichols V. Azteca Restaurant Enterprises, Inc. That Same-Sex Harassment Based On Failure To Conform To Gender Stereotyopes Is Actionable?, Philip Mcgough Jan 2004

Same-Sex Harassment: Do Either Price Waterhouse Or Oncale Support The Ninth Circuit's Holding In Nichols V. Azteca Restaurant Enterprises, Inc. That Same-Sex Harassment Based On Failure To Conform To Gender Stereotyopes Is Actionable?, Philip Mcgough

Hofstra Labor & Employment Law Journal

In Nichols v. Azteca Restaurant Enterprises, the Ninth Circuit, overruling a twenty-two year old case, held that same-sex harassment based on gender stereotypes is actionable under Title VII. The court based this holding on the Supreme Court's 1989 opinion in Price Waterhouse v. Hopkins. However reasonable a reading of Title VII, the author argues that Nichols takes a major step beyond Hopkins, and resolves an issue not considered, even by implication, in the case. Further, same-sex harassment based on gender stereotypes is an issue sidestepped by the Supreme Court in Oncale - its only opinion to date dealing with same-sex …

Go to article

When Harry Met Larry And Larry Got Sick: Why Same-Sex Families Should Be Entitled Benefits Under The Family And Medical Leave Act, Alana M. Bell, Tamar Miller Jan 2004

When Harry Met Larry And Larry Got Sick: Why Same-Sex Families Should Be Entitled Benefits Under The Family And Medical Leave Act, Alana M. Bell, Tamar Miller

Hofstra Labor & Employment Law Journal

No abstract provided.

Go to article

Games Ceos Play And Interest Convergence Theory: Why Diversity Lags In America’S Boardrooms And What To Do About It, Steven A. Ramirez Jan 2004

Games Ceos Play And Interest Convergence Theory: Why Diversity Lags In America’S Boardrooms And What To Do About It, Steven A. Ramirez

Faculty Publications & Other Works

No abstract provided.

Go to article

A Different Kind Of Labor Law: Vagrancy Law And The Regulation Of Harvest Labor, 1913-1924, Ahmed A. White Jan 2004

A Different Kind Of Labor Law: Vagrancy Law And The Regulation Of Harvest Labor, 1913-1924, Ahmed A. White

University of Colorado Law Review

No abstract provided.

Go to article

Pretext In Employment Discrimination Litigation: Mandatory Instructions For Permissible Inferences?, William J. Vollmer Jan 2004

Pretext In Employment Discrimination Litigation: Mandatory Instructions For Permissible Inferences?, William J. Vollmer

Washington and Lee Law Review

No abstract provided.

Go to article

Functionality Or Formalism? Partners And Shareholders As "Employees" Under The Anti-Discrimination Laws, Ann C. Mcginley Jan 2004

Functionality Or Formalism? Partners And Shareholders As "Employees" Under The Anti-Discrimination Laws, Ann C. Mcginley

Scholarly Works

In Clackamas Gastroenterology Associates P.C. v. Wells, the United States Supreme Court established the standards for determining whether a shareholder in a professional corporation ("PC") is an "employee" as defined by Title I of the Americans with Disabilities Act of 1990 ("ADA"). Characteristics the court saw as distinguishing partnerships are the profit sharing, contributions to capital, part ownership of partnership assets, and the right to share in management subject to agreement. Even if the partner's power is insufficient to avoid discrimination, courts should also consider whether the partner is more like an independent contractor in that he or she is …

Go to article

Masculinities At Work, Ann C. Mcginley Jan 2004

Masculinities At Work, Ann C. Mcginley

Scholarly Works

This article focuses on the study of masculinities, a body of theoretical and empirical work by sociologists, feminist theorists and organization management theorists. This work, much of which employment law scholars have ignored, studies the role of masculinities, which are often invisible, in creating structural barriers to the advancement of many women and some men at work. Masculinities comprise both a structure that reinforces the superiority of men over women and a series of practices, associated with masculine behavior, performed by men or women, that aid men to maintain their superior position over women. In their less visible form, masculinities …

Go to article

In Search Of The Best Procedure For Enforcing Employment Discrimination Laws: A Comparative Analysis, Jean R. Sternlight Jan 2004

In Search Of The Best Procedure For Enforcing Employment Discrimination Laws: A Comparative Analysis, Jean R. Sternlight

Scholarly Works

As our world effectively shrinks, many countries are beginning to reach a striking substantive consensus regarding the prohibition of employment discrimination. Yet, and in sharp contrast, nothing approaching consensus has yet emerged regarding the best procedural method with which to resolve individual claims of employment discrimination. Instead, while countries have struggled, individually, to devise processes that meet a variety of needs, none seems to be satisfied with its efforts. Litigation is slow, costly, and impersonal. Informal processes such as conciliation, mediation, arbitration, or administrative processes aim to be faster and cheaper, but may not result in adequate enforcement of discrimination …

Go to article

Flores V. Southern Peru Copper Corporation: The Second Circuit Fails To Set A Threshold For Corporate Alien Tort Claim Act Liability, Lori D. Johnson Jan 2004

Flores V. Southern Peru Copper Corporation: The Second Circuit Fails To Set A Threshold For Corporate Alien Tort Claim Act Liability, Lori D. Johnson

Scholarly Works

In Flores v. Southern Peru Copper Corporation, the U.S. Court of Appeals, Second Circuit, re-examined its Alien Tort Claims Act (ATCA) jurisprudence and assumed that a private domestic company acting in its private capacity could be liable to Peruvian nationals under the ATCA for a wide range of torts under international law, including violations of rights to “life and health.” Previous cases and other Circuits held that only a handful of egregious crimes, when committed by a private individual or corporation, can justify private liability under the ATCA. Rather than abiding by these interpretations, however, the court examined in depth …

Go to article

Disparate Impact Theory In Employment Discrimination: What’S Griggs Still Good For? What Not?, Elaine W. Shoben Jan 2004

Disparate Impact Theory In Employment Discrimination: What’S Griggs Still Good For? What Not?, Elaine W. Shoben

Scholarly Works

Is disparate impact a dead theory of employment discrimination? Definitely not. The theory itself has a more stable legal status than it did when the Supreme Court embraced it in its 1971 opinion Griggs v. Duke Power Co. But is it thriving in litigation? It appears to be neither thriving nor dead. It has become a relatively less vital tool, compared with theories of intentional discrimination. Despite the heroic effort of Congress to keep the theory from destruction by the Supreme Court through its express codification in 1991, disparate impact litigation is not making a major impact in this …

Go to article

Should The World Trade Organization Incorporate Labor And Environmental Standards, Chantal Thomas Jan 2004

Should The World Trade Organization Incorporate Labor And Environmental Standards, Chantal Thomas

Washington and Lee Law Review

No abstract provided.

Go to article

Comments On Pretext In Employment Discrimination Litigation: Mandatory Instructions For Permissible Inferences?, Carolyn L. Wheeler Jan 2004

Comments On Pretext In Employment Discrimination Litigation: Mandatory Instructions For Permissible Inferences?, Carolyn L. Wheeler

Washington and Lee Law Review

No abstract provided.

Go to article

Reinstatement Claims Under The Family And Medical Leave Act Of 1993: Leaving Behind The Inter-Circuit Chaos And Instating A Suitable Proof Structure, Amy Stutzke Jan 2004

Reinstatement Claims Under The Family And Medical Leave Act Of 1993: Leaving Behind The Inter-Circuit Chaos And Instating A Suitable Proof Structure, Amy Stutzke

NYLS Law Review

No abstract provided.

Go to article

Erisa: Rethinking Firestone In Light Of Great-West--Implications For Standard Of Review And The Right To A Jury Trial In Welfare Benefit Claims, Donald T. Bogan Jan 2004

Erisa: Rethinking Firestone In Light Of Great-West--Implications For Standard Of Review And The Right To A Jury Trial In Welfare Benefit Claims, Donald T. Bogan

Faculty Articles

No abstract provided.

Go to article

Supreme Court Narratives On Equality And Gender Discrimination In Employment: 1971-2002, Vicki Lens Jan 2004

Supreme Court Narratives On Equality And Gender Discrimination In Employment: 1971-2002, Vicki Lens

Cardozo Journal of Equal Rights & Social Justice

The article examines the Supreme Court's evolving approach to gender discrimination in the workplace, particularly during the 1970s and 1980s, as it grappled with the intersection of formal and substantive equality. The Court's decisions reflected the influence of the feminist movement and broader societal shifts, addressing issues such as pregnancy-related discrimination, sexual harassment, and workplace stereotypes. While the Court often invalidated discriminatory practices, its rulings also revealed tensions in balancing equal treatment with competing interests, such as military preparedness or employer liability. The analysis highlights how the Court's narrative on gender equality was shaped by legal doctrines, cultural values, and …

Go to article

Outsourcing: Promise Of Growth Or Doom Of The American Worker?, Gavin Mhley Jan 2004

Outsourcing: Promise Of Growth Or Doom Of The American Worker?, Gavin Mhley

Public Interest Law Reporter

No abstract provided.

Go to article

First Prev Next Last