Curb Your Enthusiasm: A Note On Employment Discrimination Lawsuits In China,
2011
Sichuan University Law School
Curb Your Enthusiasm: A Note On Employment Discrimination Lawsuits In China, Jiefeng Lu
Richmond Journal of Global Law & Business
No abstract provided.
Taking Away An Employer's Free Pass: Making The Case For A More Sophisticated Sex-Plus Analysis In Employment Discrimination Cases,
2011
Washington and Lee University School of Law
Taking Away An Employer's Free Pass: Making The Case For A More Sophisticated Sex-Plus Analysis In Employment Discrimination Cases, Heather M. Kolinsky
Scholarly Articles
In this article the author advocates for a broader interpretation of sex-plus theory to encompass the concept of mother as a gender identified category.
Labor Contract Formation, Tenuous Torts, And The Realpolitik Of Justice Sotomayor On The 50th Anniversary Of The Steelworkers Trilogy: Granite Rock V. Teamsters,
2011
American University Washington College of Law
Labor Contract Formation, Tenuous Torts, And The Realpolitik Of Justice Sotomayor On The 50th Anniversary Of The Steelworkers Trilogy: Granite Rock V. Teamsters, David L. Gregory, Rowan Foley Reynolds, Nadav Zamir
Labor & Employment Law Forum
No abstract provided.
Unpaid Internships & The Department Of Labor: The Impact Of Underenforcement Of The Fair Labor Standards Act On Equal Opportunity,
2011
University of Maryland Francis King Carey School of Law
Unpaid Internships & The Department Of Labor: The Impact Of Underenforcement Of The Fair Labor Standards Act On Equal Opportunity, Andrew Mark Bennett
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Statutory Supplement To Employment Discrimination: A Context And Practice Casebook,
2011
William & Mary Law School School
Statutory Supplement To Employment Discrimination: A Context And Practice Casebook, Susan Grover, Sandra F. Sperino, Jarod S. Gonzalez
Faculty Articles and Other Publications
No abstract provided.
Rethinking Discrimination Law,
2011
University of Cincinnati College of Law
Rethinking Discrimination Law, Sandra F. Sperino
Faculty Articles and Other Publications
In the 1970s, federal courts began identifying categories of discrimination, such as disparate impact, disparate treatment and harassment. They then created elaborate, multi-part rubrics tied to each category. Modern employment discrimination law is defined by these frameworks. They serve as gatekeepers that control the substantive discrimination narratives juries hear and also structure the ways that judges and litigants think about discrimination.
Legal scholarship is replete with excellent articles challenging specific frameworks courts use to evaluate discrimination claims. This Article does not challenge any particular framework. Instead it challenges whether courts should even use frameworks to conceptualize discrimination in the first …
Federal Disability Discrimination Law And The Toxic Workplace: A Critique Of Ada And Section 504 Case Law Addressing Impairments Caused Or Exacerbated By The Work Environment,
2011
University of Idaho College of Law
Federal Disability Discrimination Law And The Toxic Workplace: A Critique Of Ada And Section 504 Case Law Addressing Impairments Caused Or Exacerbated By The Work Environment, John E. Rumel
Articles
No abstract provided.
Ducks And Decoys: Revisiting The Exit-Voice-Loyalty Framework In Assessing The Impact Of A Workplace Dispute Resolution System,
2011
Northwestern University School of Law
Ducks And Decoys: Revisiting The Exit-Voice-Loyalty Framework In Assessing The Impact Of A Workplace Dispute Resolution System, Zev J. Eigen, Adam Seth Litwin
Faculty Working Papers
Until now, empirical research has been unable to reliably identify the impact of organizational dispute resolution systems (DRSs) on the workforce at large, in part because of the dearth of data tracking employee perceptions pre- and post- implementation. This study begins to fill this major gap by exploiting survey data from a single, geographically-expansive, US firm with well over 100,000 employees in over a thousand locations. The research design allows us to examine employment relations and human resource (HR) measures, namely, perceptions of justice, organizational commitment, and perceived legal compliance, in the same locations before and after the implementation of …
A Moral Contractual Approach To Labor Law Reform: A Template For Using Ethical Principles To Regulate Behavior Where Law Failed To Do So Effectively,
2011
Northwestern University School of Law
A Moral Contractual Approach To Labor Law Reform: A Template For Using Ethical Principles To Regulate Behavior Where Law Failed To Do So Effectively, Zev J. Eigen, David S. Sherwyn
Faculty Working Papers
If laws cease to work as they should or as intended, legislators and scholars propose new laws to replace or amend them. This paper posits an alternative—offering regulated parties the opportunity to contractually bind themselves to behave ethically. The perfect test-case for this proposal is labor law, because (1) labor law has not been amended for decades, (2) proposals to amend it have failed for political reasons, and are focused on union election win rates, and less on the election process itself, (3) it is an area of law already statutorily regulating parties' reciprocal contractual obligations, and (4) moral means …
Sex Equality's Unnamed Nemesis,
2011
University of Michigan Law School
Sex Equality's Unnamed Nemesis, Veronica Percia
Michigan Journal of Gender & Law
Sex inequality still exists. However, its manifestations have evolved since the early sex inequality cases were heard in courts and legislatures first began structuring statutory regimes to combat it. In particular, so-called "facial" discrimination against men and women on the basis of sex has no doubt decreased since the advent of this legal assault on sex inequality. Yet the gendered assumptions that structure our institutions and interactions have proven resilient. With sex discrimination now operating more covertly, the problem of sex inequality looks considerably different than it once did. Courts, however, have failed to successfully respond to the changing contours …
Social Media, Trade Secrets, Duties Of Loyalty, Restrictive Covenants And Yes, The Sky Is Falling,
2011
Maurice A. Deane School of Law at Hofstra University
Social Media, Trade Secrets, Duties Of Loyalty, Restrictive Covenants And Yes, The Sky Is Falling, Marisa Warren, Arnie Pedowitz
Hofstra Labor & Employment Law Journal
No abstract provided.
Clarifying Stereotyping,
2011
Florida International University College of Law
Clarifying Stereotyping, Kerri Lynn Stone
Faculty Publications
This Article addresses the largely undefined, misunderstood-yet-often-resorted-to concept of “stereotyping” as a basis for, or sufficient evidence of, liability for employment discrimination. Since, the concept’s genesis in Supreme Court jurisprudence in 1989, Price Waterhouse v. Hopkins, plaintiffs have proffered remarks alleged to be tinged with, or indicating the presence of, impermissible stereotypes as evidence of discrimination based on protected-class status – be that sex, race, color, religion, or national origin – in contravention of Title VII of the Civil Rights Act of 1964. The Article examines the language in Hopkins and its precise mandates and guidance for lower courts. It …
Shortcuts In Employment Discrimination Law,
2011
Florida International University College of Law
Shortcuts In Employment Discrimination Law, Kerri Lynn Stone
Faculty Publications
Are employment discrimination plaintiffs viewed by society and by judges with an increased skepticism? This article urges that the same actor inference, the stray comment doctrine, and strict temporal nexus requirements, as courts have applied them, make up a larger and dangerous trend in the area of employment discrimination jurisprudence- that of courts reverting to special, judge-made "shortcuts" to curtail or even bypass analysis necessary to justify the disposal or proper adjudication of a case. This shorthand across different doctrines reveals a willingness of the judiciary to proxy monolithic assumptions for the individualized reasoned analyses mandated by the relevant antidiscrimination …
Private Ordering Of Employee Privacy: Protecting Employees' Expectations Of Privacy With Implied-In-Fact Contracts,
2011
American University Washington College of Law
Private Ordering Of Employee Privacy: Protecting Employees' Expectations Of Privacy With Implied-In-Fact Contracts, Lindsay Noyce
Labor & Employment Law Forum
No abstract provided.
Note From The Founders,
2011
American University Washington College of Law
Note From The Founders, Jennifer Erin Brown, Jamison F. Grella
Labor & Employment Law Forum
No abstract provided.
The "Current Monthly Income" Debate: Unemployment Compensation As A "Benefit Received Under The Social Security Act"?, 44 J. Marshall L. Rev. 801 (2011),
2011
UIC School of Law
The "Current Monthly Income" Debate: Unemployment Compensation As A "Benefit Received Under The Social Security Act"?, 44 J. Marshall L. Rev. 801 (2011), Brent Wilson
UIC Law Review
No abstract provided.
A Delayed Penalty: The Implications Of The Ilya Kovalchuk Arbitration Decision On The National Hockey League, 45 J. Marshall L. Rev. 145 (2011),
2011
UIC School of Law
A Delayed Penalty: The Implications Of The Ilya Kovalchuk Arbitration Decision On The National Hockey League, 45 J. Marshall L. Rev. 145 (2011), Morgan Marcus
UIC Law Review
No abstract provided.
“Running The Government Like A Business”: Wisconsin And The Assault On Workplace Democracy,
2011
University of Connecticut School of Law
“Running The Government Like A Business”: Wisconsin And The Assault On Workplace Democracy, Michael Fischl
Connecticut Law Review
No abstract provided.
Corporations And Human Rights Law: The Emerging Consensus And Its Effects On Women's Employment Rights,
2011
Yeshiva University, Cardozo School of Law
Corporations And Human Rights Law: The Emerging Consensus And Its Effects On Women's Employment Rights, Tiana O'Konek
Cardozo Journal of Equal Rights & Social Justice
The article argues that the current international human rights framework fails to adequately address corporate human rights abuses, particularly affecting women in the garment industry. This governance gap stems from the statist nature of international law, which overlooks non-state actors like corporations. Women in the garment industry, often confined to informal and precarious work, face systemic discrimination and exclusion from core labor protections, highlighting the need for a more inclusive and enforceable framework.
The Alien Tort Statute And Flomo V. Firestone Natural Rubber Company: The Key To Change In Global Child Labor Practices?,
2011
Indiana University Maurer School of Law
The Alien Tort Statute And Flomo V. Firestone Natural Rubber Company: The Key To Change In Global Child Labor Practices?, Jessica Bergman
Indiana Journal of Global Legal Studies
The case of Flomo v. Firestone Natural Rubber Company involves child laborers' claims that labor practices on a Liberian rubber plantation violate international norms. Though the case was recently resolved in favor of the defendants at the district court level, the case's complicated procedural and substantive history offers insight into the viability of future child labor claims. This Note examines the Flomo case and explores how standards from the ATS and the United States Supreme Court case Sosa v. Alvarez-Machain apply to future plaintiffs' claims. This Note also analyzes the potential repercussions that plaintiffs face in using the ATS as …
