Labor and Employment Law Commons^™

Vicarious And Personal Liability For Employment Discrimination, Rebecca H. White

Scholarly Works

This Article addresses the issues of vicarious and personal liability for employment discrimination as a coherent whole. Part II examines the prevailing view on an employer's vicarious liability for employment discrimination under Title VII, the ADEA, and the ADA. Part II further discusses the exception to vicarious liability that has developed in hostile work environment cases and examines the justifications advanced for that exception. My point here is not so much to debate whether such an exception should exist but to determine whether the arguments against vicarious liability in hostile work environment cases justifiably can be limited to that context. …

The Prima Facie Case Of Age Discrimination In Reduction-In-Force Cases, Jessica Lind

Michigan Law Review

This Note proposes that courts require the plaintiff in a RIF case to show, as part of her prima facie burden, that the employer reassigned at least part of her job responsibilities to a younger individual of equal or lesser qualifications. Part I describes the analytical framework applied to most intentional discrimination cases the McDonnell Douglas framework. Part II explains that the RIF plaintiff cannot meet the specific requirements of the prima facie case as articulated in McDonnell Douglas because her firing occurs in conjunction with the elimination of her position. This Part then examines two approaches taken by the …

Due Process Review Under The Railway Labor Act, Christopher L. Sagers

Michigan Law Review

This Note contends that the RLA prohibits due process review and further argues that such a result is constitutional. Part I examines the statutory language of the RLA itself and contends that it limits district court review to the three statutory grounds. Part II argues that the Supreme Court's opinion in Sheehan reaffirms this interpretation because the Court's language unmistakably conveys an intent to bar due process review. Part III explains that such a limitation does not violate the Constitution. The only constitutional provision that could be implicated in an RLA proceeding, the right of procedural due process, is protected …

1995 Employment Law Update, Oregon Law Institute, Nancy J. Brown, Helle Rode, Corbett Gordon, Michael J. Tedesco, Richard F. Liebman, Eileen Drake, Richard C. Busse, Scott J. Fortmann

Oregon Law Institute, 1995

Course Materials from the October 20, 1995 Program in Portland

Cpaa V Canada Post Corp, Innis Christie

Innis Christie Collection

The Grievor was Part-time Assistant in the Post Office at Berwick, Nova Scotia. The grievance alleges that he was suspended without cause. The Union claims that the discipline is unjustified, discriminatory, and not in accordance with notice requirements and time limits in the Collective Agreement. Complaints of harassment were made against the Grievor which were passed on to the Human Rights Officer. A memorandum of settlement was signed by the parties agreeing to waive time limits until completion of an investigation. The claims were substantiated and a letter of discipline sent to the Grievor. The Union's position is that no …

Straight-Time Overtime And Salary Basis: Reform Of The Fair Labor Standards Act, Garrett Reid Krueger

Washington Law Review

The Fair Labor Standards Act (FLSA) was passed in 1938 in response to oppressive working conditions and a depressed economy. While FLSA's overtime provisions may have been responsive to the workplace of the 1930s, they are now outdated in the flexible, service-oriented economy of the 1990s and in need of revision. FLSA's salary basis test and corresponding inconsistent treatment of straight-time overtime payments are examples of excessively wooden provisions. Originally adopted to separate well-compensated white-collar employees from blue-collar line workers in need of statutory protection, the salary basis test no longer effectively serves as a gatekeeper for FLSA's overtime provisions. …

The Ada And The Nlra: Balancing Individual And Collective Rights, Robert A. Dubault

Indiana Law Journal

No abstract provided.

Quid Pro Quo Sexual Harassment: A New Standard, Lynn T. Dickinson

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Without Distinction: Recognizing Coverage Of Same-Gender Sexual Harassment Under Title Vii, Trish K. Murphy

Washington Law Review

Federal court decisions conflict regarding the applicability of Title VII of the Civil Rights Act of 1964 to sexual harassment cases where the alleged harasser and victim are members of the same gender. This Comment examines the courts' treatment of same-gender sexual harassment claims and argues that same-gender sexual harassment claims fall within the purview of Title VII as impermissible discrimination. In reaching this position, this Comment demonstrates that Title VII lacks gender-based limitations. It then argues that no valid justification exists for distinguishing between same-gender sexual harassment and sexual harassment involving members of different genders. Finally, this Comment suggests …

Accommodating Equality In The Unionized Workplace, Katherine Swinton

Osgoode Hall Law Journal

This article explores the appropriate relationship between human rights and collective bargaining laws through an examination of the Supreme Court of Canada's jurisprudence on the duty to accommodate. While collective bargaining can be an important force to promote equality for disadvantaged groups, resistance to changing the terms of collective agreements to accommodate those groups can arise, especially when other employees' seniority rights are affected. The emerging jurisprudence suggests that seniority rights will be respected in many situations, especially in layoffs, but the article outlines circumstances in which accommodation will be necessary to vindicate equality rights.

New Public Law Legislation, Oregon Law Institute, Paul Snider, Karen M. Vickers, Lynn Rosik, Marianna Kanwit, Maria Keltner

Oregon Law Institute, 1995

Course Materials from the September 15, 1995 Program in Portland

Assessing Fairness In Workers' Compensation Reform: A Commentary On The 1995 West Virginia Workers' Compensation Legislation, Emily A. Spieler

West Virginia Law Review

No abstract provided.

The Last Minuet: Disparate Treatment After Hicks, Deborah C. Malamud

Michigan Law Review

The purpose of this article is to explain why the Court's much-maligned decision in Hicks was correct, and to further argue that in the aftermath of Hicks, the McDonnell Douglas-Burdine proof structure ought to be abandoned.

Vol. 12, No. 3, Edward B. Miller

The Illinois Public Employee Relations Report

Contents:

Should We Appeal: An Analysis of Ten Years of Court Review of Illinois Public Employees Bargaining Board Decisions, by Edward B. Miller

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan

Employment Discrimination, Peter Reed Corbin, John E. Duvall

Mercer Law Review

Perhaps the most surprising development during the 1994 survey period is what did not happen, as opposed to what did happen. The anticipated stampede of decisions under the Americans With Disabilities Act of 1990 (the "ADA"), has not yet happened, at least at the circuit court of appeals level. Not a single ADA case was handed down by the Eleventh Circuit during the survey period. Since, at last count, there were over 30,000 ADA charges pending at the administrative charge level, this most certainly will change in the very near future. The year 1994 will also be remembered as the …

Labor Law, Stephen W. Mooney, Leigh Lawson Reeves

Mercer Law Review

This Article surveys the 1994 decisions of the United States Court of Appeals for the Eleventh Circuit that impacted on the areas of traditional labor law. This Article specifically addresses decisions by the Eleventh Circuit under the National Labor Relations Act ("NLRA7), the Labor Management Relations Act ("LMRA"), the Fair Labor Standards Act of 1938 ("FLSA7), the Occupational Safety and Hazard Act ("OSHA), and the Employee Retirement Income Security Act of 1974 ("ERISA7).

Given the volume of cases decided by the Eleventh Circuit in the area of traditional labor law this past survey year, this Article does not address every …

Civil Rights—Employer's Beware: The Supreme Court's Rejection Of The Psychological Injury Requirement In Harris V. Forklift Systems, Inc., 114 S. Ct. 376 (1993), Makes It Easier For Employees To Establish A Claim For Sexual Harassment Based On A Hostile Working Environment, Deanna Weisse Turner

University of Arkansas at Little Rock Law Review

No abstract provided.

Labor And The Global Economy: Four Approaches To Transnational Labor Regulation, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.

Modification Of Benefits For Claimants Under The Federal Black Lung Benefits Program, Rita A. Massie

West Virginia Law Review

No abstract provided.

Administrative And Private Searches For Smoking Articles Conducted Pursuant To The Federal Mine Safety And Health Act: Constitutional Considerations, David J. Hardy, Maris E. Mccambley

West Virginia Law Review

No abstract provided.

Unique Nature Of The Coal Mining Industry--Are The Labor Law Rules Determining When Two Employers Should Be Treated As One Different For The Coal Industry, Forrest H. Roles

West Virginia Law Review

No abstract provided.

Director, Owcp V. Greenwich Collieries: The End Of The True Doubt Rule, Allan Brown

West Virginia Law Review

No abstract provided.

United Mine Workers V. Bagwell: New Restrictions On Severe Civil Contempt Fines, Gretchen Callas

West Virginia Law Review

No abstract provided.

The Regulatory Future Of Contingent Employment: An Introduction, Mark H. Grunewald

Washington and Lee Law Review

No abstract provided.

Does The Growth In The Contingent Work Force Demand A Change In Federal Policy?, Patricia Schroeder

Washington and Lee Law Review

No abstract provided.

Policy Issues Concerning The Contingent Work Force, Jonathan P. Hiatt

Washington and Lee Law Review

No abstract provided.

"Contingent Work" - Dispelling The Myth, Edward A. Lenz

Washington and Lee Law Review

No abstract provided.

Part-Time Work And Workers In The United States: Correlates And Policy Issues, Arne L. Kalleberg

Washington and Lee Law Review

No abstract provided.

Flexibility At What Price? The Costs Of Part-Time Work For Women Workers, Ann Bookman

Washington and Lee Law Review

No abstract provided.

On Our Own: Strategies For Securing Health And Retirement Benefits In Contingent Employment, Gwen Thayer Handelman

Washington and Lee Law Review

No abstract provided.