Land Ho! Two Words An Injured Longshore Or Harbor Worker Never Wants To Hear,
2015
The Catholic University of America, Columbus School of Law
Land Ho! Two Words An Injured Longshore Or Harbor Worker Never Wants To Hear, Adam Hare
Catholic University Law Review
In 1927, the United States Congress passed the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA) to provide workers’ compensation coverage to maritime workers injured outside the purview of state workers’ compensation laws. Rigid judicial interpretation of the original Act, however, led to inequitable outcomes in the maritime industry. Workers neither on land nor on the water when injured could not claim workers’ compensation benefits under state or federal laws. The 1972 amendments to the LHWCA sought to cure this inequity. The amended Act included a situs requirement. This Comment analyzes the most important judicial interpretations of the situs requirement of …
Illusory Protection: The Fifth Circuit’S Misguided Interpretation Of Title Vii’S Anti-Retaliation Provision In Hernandez V. Yellow Transportation, Inc.,
2015
University of Florida Levin College of Law
Illusory Protection: The Fifth Circuit’S Misguided Interpretation Of Title Vii’S Anti-Retaliation Provision In Hernandez V. Yellow Transportation, Inc., William C. Matthews
Florida Law Review
After Burlington Northern & Santa Fe Railway Co. v. White resolved the issue of what constitutes an “adverse action” under the Title VII anti-retaliation statute, the scope of employer liability was substantially broadened. The Supreme Court’s decision reinforced the broad intent behind the anti-retaliation statute and acknowledged the statute’s remedial purpose. The Fifth Circuit, however, has been reluctant to expand employer liability as evidenced through its interpretation of the “adverse action” prong relating to coworker harassment. More specifically, the Fifth Circuit’s “In Furtherance” standard, which is used to judge whether an employer is liable for coworker harassment in retaliation for …
Fact Sheet #71: Shortchanging The Unpaid Academic Intern,
2015
University of Florida Levin College of Law
Fact Sheet #71: Shortchanging The Unpaid Academic Intern, Patricia L. Reid
Florida Law Review
On the eve of the Fair Labor Standards Act’s seventy-fifth anniversary, unpaid academic internships threaten to outpace government regulation and undermine opportunities for gainful employment. Although coveted by students eager to fill a line on their résumé, unpaid academic internships are a subspecies of unpaid internships that might soon face extinction. While the advent of unpaid internship litigation decreases the likelihood that employers will plead ignorance of the law when they defend against disgruntled unpaid interns, recent litigation does little to clear up a half-century of contradictory case law. The only certainty that surrounds the legal status of unpaid academic …
Mutual Marginalization: Individuals With Disabilities And Workers With Caregiving Responsibilities,
2015
University of Toledo College of Law
Mutual Marginalization: Individuals With Disabilities And Workers With Caregiving Responsibilities, Nicole Buonocore Porter
Florida Law Review
This Article explores the marginalization of two groups of employees—individuals with disabilities and workers with caregiving responsibilities. One might argue that these two groups have little in common. However, while these groups are not perfectly aligned, they do have much in common in the workplace. First, these employees are unable to consistently meet their employers’ expectations of an “ideal worker.” Thus, they often must seek adjustments or modifications in the workplace to accommodate for their failure to conform to the ideal-worker norm. The need for accommodation causes both groups of employees to suffer from “special-treatment stigma,” which manifests itself in …
The Tort Label,
2015
University of Cincinnati College of Law
The Tort Label, Sandra F. Sperino
Florida Law Review
This Article demonstrates the dangers of the tort label, using the lens of two core discrimination statutes: Title VII and the ADEA. However, the discussion has broader implications. Courts have applied the tort label to a variety of statutes and in a wide array of contexts.
This Article proceeds as follows. Part I discusses the move to tortify federal discrimination law. Parts II, III, and IV highlight serious problems with the way the courts understand, use, and apply tort law in the discrimination context. Part V discusses the stakes of the tort label, including its tendency to lead to unsatisfactory …
The Forgotten Role Of Consent In Defamation And Employment Reference Cases,
2015
University of Tennessee
The Forgotten Role Of Consent In Defamation And Employment Reference Cases, Alex B. Long
Florida Law Review
As has been well documented, the fear of defamation suits and related claims lead many employers to refuse to provide meaningful employment references. However, an employer who provides a negative reference concerning an employee enjoys a privilege in an ensuing defamation action if the employee has consented to the release of information concerning the employee’s job performance. Thus, many attorneys now advise prospective employers to have applicants sign consent agreements, permitting the prospective employer to conduct an investigation into the applicant’s work history and releasing from liability anyone who provides information about the employee’s work history. The Restatement (Second) of …
Providing Plaintiffs With Tools: The Significance Of Eeoc V. United Airlines, Inc.,
2015
Notre Dame Law School
Providing Plaintiffs With Tools: The Significance Of Eeoc V. United Airlines, Inc., Michelle Letourneau
Notre Dame Law Review
This Note will analyze the language of the United Airlines II decision, in light of Barnett, Seventh Circuit precedents regarding the reasonable accommodation of reassignment, and cases from other circuits that the Seventh Circuit cited in relevant part in its United Airlines II decision. Part I will provide an introduction to the relevant provisions of the ADA. Part II will summarize relevant portions of a series of cases predating United Airlines II that deal with the concept of reassignment as a reasonable accommodation under the ADA. These cases are discussed in considerable detail in order to highlight in Part III …
Dias V. Archdiocese Of Cincinnati: Deciphering The Ministerial Exception To Title Vii Post-Hosanna-Tabor,
2015
William & Mary Law School
Dias V. Archdiocese Of Cincinnati: Deciphering The Ministerial Exception To Title Vii Post-Hosanna-Tabor, Caroline O. Dehaan
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
English Labor Law - The 1984 Trade Union Immunities Act And Its Effect On Unions' Legal Status,
2015
University of Georgia School of Law
English Labor Law - The 1984 Trade Union Immunities Act And Its Effect On Unions' Legal Status, Bret J. Pangborn
Georgia Journal of International & Comparative Law
No abstract provided.
The Worker Dislocation Dilemma In The United States And Great Britain: Contrasting Legal Approaches,
2015
George Mason University
The Worker Dislocation Dilemma In The United States And Great Britain: Contrasting Legal Approaches, Peter E. Millspaugh
Georgia Journal of International & Comparative Law
No abstract provided.
General Discussion,
2015
University of Georgia School of Law
General Discussion, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Harmonization Of Labor Law In The Eec,
2015
Commission of the European Communities
Harmonization Of Labor Law In The Eec, Françoise Blanquet
Georgia Journal of International & Comparative Law
No abstract provided.
Voluntary Plant Closings And Workforce Reductions In The European Communities,
2015
Legal Service of the European Communities
Voluntary Plant Closings And Workforce Reductions In The European Communities, J. Pipkorn
Georgia Journal of International & Comparative Law
No abstract provided.
Voluntary Plant Closings And Workforce Reductions: An International Perspective,
2015
Katholieke Universiteit Leuven
Voluntary Plant Closings And Workforce Reductions: An International Perspective, Roger Blanpain
Georgia Journal of International & Comparative Law
No abstract provided.
Voluntary Plant Closings And Workforce Reductions In Canada,
2015
Dalhousie Law School
Voluntary Plant Closings And Workforce Reductions In Canada, Innis Christie
Georgia Journal of International & Comparative Law
No abstract provided.
Voluntary Plant Closings And Workforce Reductions In Belgium,
2015
Université Libre de Bruxelles
Voluntary Plant Closings And Workforce Reductions In Belgium, Guy Desolre
Georgia Journal of International & Comparative Law
No abstract provided.
Voluntary Plant Closings And Workforce Reductions In The Netherlands,
2015
Univerity of Tilburg, Netherlands
Voluntary Plant Closings And Workforce Reductions In The Netherlands, Antoine Jacobs
Georgia Journal of International & Comparative Law
No abstract provided.
Restrictions On Management's Right To Dismiss Workers By Means Of Plant Closings Or By Workforce Reductions, The Relations Between Employers And Public Authorities, And The Role Of Collective Bargaining In The United States,
2015
Adair, Scanlon and McHugh, P.C.
Restrictions On Management's Right To Dismiss Workers By Means Of Plant Closings Or By Workforce Reductions, The Relations Between Employers And Public Authorities, And The Role Of Collective Bargaining In The United States, Mary Kathryn Lynch
Georgia Journal of International & Comparative Law
No abstract provided.
Relations Of Employers With Workers' Representatives In The United States,
2015
University of Georgia School of Law
Relations Of Employers With Workers' Representatives In The United States, J. Ralph Beaird
Georgia Journal of International & Comparative Law
No abstract provided.
Introduction To Roundtable On Comparative Labor Relations Law: The Law And Measures Affecting Workers In The Context Of Voluntary Plant Closings And Workforce Reductions,
2015
University of Georgia School of Law
Introduction To Roundtable On Comparative Labor Relations Law: The Law And Measures Affecting Workers In The Context Of Voluntary Plant Closings And Workforce Reductions, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
