Discrimination Against Mothers Is The Strongest Form Of Workplace Gender Discrimination: Lessons From Us Caregiver Discrimination Law,
2012
University of Florida Levin College of Law
Discrimination Against Mothers Is The Strongest Form Of Workplace Gender Discrimination: Lessons From Us Caregiver Discrimination Law, Stephanie Bornstein, Joan C. Williams, Genevieve R. Painter
UF Law Faculty Publications
Work-family reconciliation is an integral part of labor law as the result of two major demographic changes: the rise of the two-earner family, and the pressing concern of elder care as Baby Boomers age. Despite these changes, most European and American workplaces still assume that the committed worker has a family life secured so that family responsibilities do not distract from work obligations. This way of organizing employment around a breadwinner husband and a caregiver housewife, which arose in the late eighteenth century, is severely outdated today. The result is workplace-workforce mismatch: Many employers still have workplaces perfectly designed for …
Subordinate Bias Liability,
2012
University of Arkansas at Little Rock William H. Bowen School of Law
Subordinate Bias Liability, Theresa M. Beiner
Law Faculty Scholarship
No abstract provided.
Mexico's Dilemma: Workers' Rights Or Workers' Comparative Advantage In The Age Of Globalization?,
2012
University of Arkansas at Little Rock William H. Bowen School of Law
Mexico's Dilemma: Workers' Rights Or Workers' Comparative Advantage In The Age Of Globalization?, Ranko Shiraki Oliver
Law Faculty Scholarship
No abstract provided.
Disposable Workers: Applying A Human Rights Framework To Analyze Duties Owed To Seriously Injured Or Ill Migrants,
2012
Seton Hall University School of Law
Disposable Workers: Applying A Human Rights Framework To Analyze Duties Owed To Seriously Injured Or Ill Migrants, Lori A. Nessel
Indiana Journal of Global Legal Studies
The practice of medical repatriation, or the extrajudicial deportation of seriously ill immigrants directly by hospitals, was largely unknown and under-theorized until recently. In the past few years, a number of scholars have focused on the legal and ethical issues raised by this practice. However, medical repatriation has most often been analyzed in isolation as an example of an anomalous unlawful or unethical action undertaken by hospitals, rather than as a predictable, if horrifying, extension of a legal regime that treats migrant labor as disposable. In contrast, this Article contextualizes the private deportation of migrant workers by hospitals within broader …
The Law Of Gender Stereotyping And The Work-Family Conflicts Of Men,
2012
University of Florida Levin College of Law
The Law Of Gender Stereotyping And The Work-Family Conflicts Of Men, Stephanie Bornstein
UF Law Faculty Publications
This Article looks back to the early equal protection jurisprudence of the 1970s and Ruth Bader Ginsburg's litigation strategy of using men as plaintiffs in sex discrimination cases to cast a renewed focus on antidiscrimination law as a means to redress the work-family conflicts of men. From the beginning of her litigation strategy as the head of the ACLU Women's Rights Project, Ginsburg defined sex discrimination as the detrimental effects of gender stereotypes that constrained both men and women from living their lives as they wished-not solely the minority status of women. The same sex-based stereotypes that kept women out …
Explaining Peripheral Labor: A Poultry Industry Case Study,
2012
Georgia State University College of Law
Explaining Peripheral Labor: A Poultry Industry Case Study, Charlotte S. Alexander
Faculty Publications By Year
Drawing on data and anecdotal accounts from a wide variety of sources, this Article investigates the law and economics of peripheral labor, so called because low wage, low skill workers on the periphery are excluded from the promotion ladders, job security, and steadily increasing pay available to supervisory and managerial workers in the core. Using the U.S. poultry industry as a case study, this Article describes the terms and conditions of peripheral poultry work: de-skilled jobs, low wages, lack of job security, and negligible prospects for promotion. Worker bargaining power is also highly constrained, as workers have little ability to …
The New Danger Of Being Fired: Section 525(B)’S Disproportionate Effect On Older Workers And A Call To Amend,
2012
Northwestern Pritzker School of Law
The New Danger Of Being Fired: Section 525(B)’S Disproportionate Effect On Older Workers And A Call To Amend, Jina Kim Yun
Northwestern Journal of Law & Social Policy
This Note explores an increasingly perverse effect of an anti-discriminatory provision of the Bankruptcy Code on numerous Americans who have declared personal bankruptcies after the recent economic recession of 2007. Under § 525(b) of the Bankruptcy Code, a private employer is not prohibited from barring a former debtor from prospective employment based on a past insolvency. This provision has had an immense impact on the large number of former debtors seeking the fresh start that bankruptcy law is meant to provide. With the dramatic increase in the number of personal bankruptcies, this Note argues that such an impact is overly …
Swimming In The Crosscurrents Of History: Labor And Employment Law Under The Obama Administration,
2012
Indiana University Maurer School of Law
Swimming In The Crosscurrents Of History: Labor And Employment Law Under The Obama Administration, Kenneth G. Dau-Schmidt, Matthew Kelley
Indiana Law Journal
Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana
Becoming Too Small To Bail? Prospects For Workers In The 2011 Economy And 112th Congress,
2012
Pennsylvania State University
Becoming Too Small To Bail? Prospects For Workers In The 2011 Economy And 112th Congress, Lonnie Golden
Indiana Law Journal
Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana
Labor Policy And The Great Recession: An Economist's Perspective,
2012
Indiana University
Labor Policy And The Great Recession: An Economist's Perspective, Elyce J. Rotella
Indiana Law Journal
Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.
Elections, Neutrality Agreements, And Card Checks: The Failure Of The Political Model Of Industrial Democracy,
2012
Northern Kentucky University, Chase
Elections, Neutrality Agreements, And Card Checks: The Failure Of The Political Model Of Industrial Democracy, James Y. Moore, Richard A. Bales
Indiana Law Journal
The secret-ballot election is the National Labor Relations Board’s preferred method for employees to determine whether they wish to be represented by a union. Employer domination of the election process, however, has led many unions to opt out of elections and instead to demand recognition based on authorization cards signed by a majority of employees. The primary objection to this “card check” process is that it is less democratic than the secret-ballot election. This Article places the issue in the context of the theoretical basis for claims of industrial democracy and argues that card checks are more consistent with the …
Public-Sector Labor In The Age Of Obama,
2012
University of Toledo College of Law
Public-Sector Labor In The Age Of Obama, Joseph E. Slater
Indiana Law Journal
Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.
Claim-Suppressing Arbitration: The New Rules,
2012
University of Wisconsin - Madison
Claim-Suppressing Arbitration: The New Rules, David S. Schwartz
Indiana Law Journal
Binding, pre-dispute arbitration imposed on the weaker party in an adhesion contract—so-called “mandatory arbitration”—should be recognized for what it truly is: claim-suppressing arbitration. Arguments that such arbitration processes promote access to dispute resolution have been refuted and should not continue to be made without credible empirical support. Drafters of such arbitration clauses are motivated to reduce their liability exposure and, in particular, to eliminate class claims against themselves. Furthermore, claim-suppressing arbitration violates two fundamental principles of due process: it allows one party to the dispute to make the disputing rules; and it gives the adjudicative role to a decision maker …
Shifting The Paradigm Of The Debate: A Proposal To Eliminate At-Will Employment And Implement A "Mandatory Arbitration Act",
2012
Northwestern University
Shifting The Paradigm Of The Debate: A Proposal To Eliminate At-Will Employment And Implement A "Mandatory Arbitration Act", Zev J. Eigen, Nicholas F. Menillo, David S. Sherwyn
Indiana Law Journal
Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.
Reading Ricci And Pyett To Provide Racial Justice Through Union Arbitration,
2012
Texas Wesleyan University School of Law
Reading Ricci And Pyett To Provide Racial Justice Through Union Arbitration, Michael Z. Green
Indiana Law Journal
Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana
Divergent Interests: Union Representation Of Individual Employment Discrimination Claims,
2012
Indiana University Maurer School of Law
Divergent Interests: Union Representation Of Individual Employment Discrimination Claims, Deborah A. Widiss
Indiana Law Journal
Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana
Taking In Strays: A Critique Of The Stray Comment Doctrine In Employment Discrimination Law,
2012
Florida International University College of Law
Taking In Strays: A Critique Of The Stray Comment Doctrine In Employment Discrimination Law, Kerri Lynn Stone
Faculty Publications
This Article traces the genesis of this misguided doctrine, its proliferation, and it’s many flaws. It explains what the doctrine has come to mean and which facets of a comment can render it “stray” as a matter of law. Part II evaluates this unwieldy and untenable doctrine and its haphazard and misguided application over the past two decades. Specifically, it was never intended to be a formal doctrine. As employed by courts, the term “stray” means too many things and is too ambiguous for the doctrine to be coherent or effective. Moreover, courts ascribe varying degrees of significance to the …
This Is A Time For Hope And Change,
2012
Indiana University Maurer School of Law
This Is A Time For Hope And Change, Kevin D. Brown
Indiana Law Journal
Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana
Employees Versus Independent Contractors: Why States Should Not Enact Statutes That Target The Construction Industry,
2012
University of Connecticut School of Law
Employees Versus Independent Contractors: Why States Should Not Enact Statutes That Target The Construction Industry, James Kwak
Faculty Articles and Papers
No abstract provided.
Affirmative Action For Lgbt Applicants & Employees: A Proposed Regulatory Scheme,
2012
Maurice A. Deane School of Law at Hofstra University
Affirmative Action For Lgbt Applicants & Employees: A Proposed Regulatory Scheme, Ryan H. Nelson
Hofstra Labor & Employment Law Journal
The “ENDA Executive Order” would require federal contractors to take affirmative action to recruit and employ lesbian, gay, bisexual, and transgender (“LGBT”) individuals. If the ENDA Executive Order is signed into law, the Office of Federal Contract Compliance Programs (“OFCCP”) would be tasked with developing the regulations to implement it without having had the benefit of public debate. This article seeks to begin that debate by proposing a set of regulations that would effectuate the purpose of the ENDA Executive Order (e.g., equal employment opportunity for LGBT individuals) without overburdening contractors.
With recognition that LGBT employment discrimination laws are novel …
