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Equitable Hiring Policy In Higher Education At The University Of Montana, Victoria McKinley Bigelow, Kinsey Anderson 2020 Alexander Blewett III School of Law at the University of Montana

Equitable Hiring Policy In Higher Education At The University Of Montana, Victoria Mckinley Bigelow, Kinsey Anderson

Graduate Student Portfolios

Higher Education; University of Montana; Equity; Hiring; University; College; Montana; Missoula; Public Administration; Organization; Missoula; Diversity; Women; Policy


Thinking Slow About Abercrombie & Fitch: Straightening Out The Judicial Confusion In The Lower Courts, Bruce N. Cameron, Blaine L. Hutchison 2019 Pepperdine University

Thinking Slow About Abercrombie & Fitch: Straightening Out The Judicial Confusion In The Lower Courts, Bruce N. Cameron, Blaine L. Hutchison

Pepperdine Law Review

In Abercrombie & Fitch, the U.S. Supreme Court fundamentally changed the way that Title VII religious accommodation cases are litigated and evaluated. This paper analyzes Abercrombie, explains how the Court eliminated religious accommodation as a freestanding cause of action, and suggests an altered proof framework for plaintiffs seeking an accommodation. The paper also explores the conflict between employee privacy rights and classic proof requirements for religious sincerity. The lower courts have largely failed to apprehend the change mandated by Abercrombie, with the result that their opinions are in disarray. The paper includes a chart organizing the diverse lower court opinions.


It’S Time To Pay Up, The Justification For Higher Salaries For Wnba Players: An Analysis Of The Wnba’S Success And Employing Mediation Between The Wnba And Nba To Leverage Future Success, Lerae Ettienne 2019 Pepperdine University

It’S Time To Pay Up, The Justification For Higher Salaries For Wnba Players: An Analysis Of The Wnba’S Success And Employing Mediation Between The Wnba And Nba To Leverage Future Success, Lerae Ettienne

Pepperdine Dispute Resolution Law Journal

This comment looks at the potential positive effects that mediation can have in fostering a better relationship between the two leagues and for the WNBA and its players to get their much-deserved respect and compensation. First, the comment will go in depth regarding the structure of the WNBA, and its history to date. Next, the comment will examine the WNBA’s success despite the discrepancy in pay and the purported lack of viewership. The comment will then expound on the rise of mediation as one of the major ADR tools. Next, the comment will analyze the success of mediation in ...


Ban The Box: Mediation’S Place In Criminal Reentry And Employment Rights, Shawn Anderson 2019 Pepperdine University

Ban The Box: Mediation’S Place In Criminal Reentry And Employment Rights, Shawn Anderson

Pepperdine Dispute Resolution Law Journal

This note will provide general insight into a growing civil rights movement through discussion of Ban the Box, then make the case for mediation as the best alternative for providing a remedy to applicants whose rights have been violated. Mediation can more effectively achieve the goals of Ban the Box by incentivizing applicants to report instances of nonconformity with the law, empowering the applicants to engage in honest discourse with their prospective employers, and combatting the negative stigma surrounding persons with criminal records that often keeps employers from hiring the qualified employees that they need.


The Gendered Burdens Of Conviction And Collateral Consequences On Employment, Joni Hersch, Erin E. Meyers 2019 Notre Dame Law School

The Gendered Burdens Of Conviction And Collateral Consequences On Employment, Joni Hersch, Erin E. Meyers

Journal of Legislation

Ex-offenders are subject to a wide range of employment restrictions that limit the ability of individuals with a criminal background to earn a living. This Article argues that women involved in the criminal justice system likely suffer a greater income-related burden from criminal conviction than do men. This disproportionate burden arises in occupations that women typically pursue, both through formal pathways, such as restrictions on occupational licensing, and through informal pathways, such as employers’ unwillingness to hire those with a criminal record. In addition, women have access to far fewer vocational programs while incarcerated. Further exacerbating this burden is that ...


A Reasonable Solution For Working Parents: Expanding Reasonable Accommodation Under The Americans With Disabilities Act To Parents Of Children With Disabilities, Katherine Lease 2019 College of William & Mary Law School

A Reasonable Solution For Working Parents: Expanding Reasonable Accommodation Under The Americans With Disabilities Act To Parents Of Children With Disabilities, Katherine Lease

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

There is a growing intersection between a woman’s child-rearing and work responsibilities, but federal law inadequately addresses this issue. For mothers who have a child with a disability, they face increased parenting demands, which often lead to detrimental changes in their employment status and negative perceptions of their work ability and commitment. Many women face expectations to simultaneously be the perfect mother and the ideal worker, but this is largely unattainable when faced with the demands of raising a child with a disability.

This Note will explore the development and inadequacy of the current protection against association discrimination, that ...


Brief Of Brian Wolfman, Aderson B. Francois, And Eric Schnapper As Amici Curiae In Support Of Petitioner In Peterson V. Linear Controls Incorporated, No. 18-1401 (U.S. Supreme Court June 6, 2019), Brian Wolfman, Aderson B. François 2019 Georgetown University Law Center

Brief Of Brian Wolfman, Aderson B. Francois, And Eric Schnapper As Amici Curiae In Support Of Petitioner In Peterson V. Linear Controls Incorporated, No. 18-1401 (U.S. Supreme Court June 6, 2019), Brian Wolfman, Aderson B. François

U.S. Supreme Court Briefs

In Title VII disparate-treatment, employment-discrimination cases, the term “adverse employment action” originally developed as judicial shorthand for the statute’s text, which broadly prohibits any discriminatory conduct by an employer against an employee based on the employee's race, color, religion, sex, or national origin. See 42 U.S.C. 2000e-2(a)(1). But what started simply as shorthand has taken on a life of its own and now improperly limits the statute’s reach. The Fifth Circuit’s version of the adverse-employment-action rule stands out as especially improper: Only an “ultimate employment decision”—a refusal to hire, a firing ...


On Public Employees And Judicial Buck-Passing: The Respective Roles Of Statutory And Constitutional Protections For Government Whistleblowers, Heidi Kitrosser 2019 University of Minnesota Law School

On Public Employees And Judicial Buck-Passing: The Respective Roles Of Statutory And Constitutional Protections For Government Whistleblowers, Heidi Kitrosser

Notre Dame Law Review

In Garcetti v. Ceballos, the Supreme Court held that public employees have no First Amendment protections for speech made “pursuant to their official duties.” Writing for the majority, Justice Kennedy assured readers that the holding did not undermine “the potential societal value of employee speech.” Among other things, Kennedy pointed to a “powerful network of legislative enactments—such as whistle-blower protection laws and labor codes—available to [public employees] who seek to expose wrongdoing.” Yet as Justice Souter pointed out in dissent and as several amici had informed the Court in their briefs, “the combined variants of statutory whistle-blower definitions ...


The Ncaa's Transfer Conundrum, Christopher J. Gerace 2019 Notre Dame Law School

The Ncaa's Transfer Conundrum, Christopher J. Gerace

Notre Dame Law Review

This Note articulates a normative framework for analyzing NCAA transfer rules, arguing that a balance must be struck between fairness for student-athletes and appropriate restrictions on transfer rules so as to prevent full-on free agency in collegiate athletics. The Note additionally argues that institutional autonomy over academics is a factor the NCAA must consider along with fairness and prevention of free agency. This Note will not wade into the complicated waters of potential antitrust issues with the NCAA, nor discuss the controversial calls for pay-for-play or unionization for student-athletes—instead, this Note will simply take for granted that it is ...


Sex- And Gender-Based Harassment In The Gaming Industry, Ann C. McGinley 2019 University of Nevada, Las Vegas -- William S. Boyd School of Law

Sex- And Gender-Based Harassment In The Gaming Industry, Ann C. Mcginley

UNLV Gaming Law Journal

No abstract provided.


Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein 2019 Selected Works

Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein

Laura Rothstein

No abstract provided.


Public Authority And Private Prisons: How Private Prison Labor Contributes To National Employment Precarity, Kaitlyn Oder 2019 University of Puget Sound

Public Authority And Private Prisons: How Private Prison Labor Contributes To National Employment Precarity, Kaitlyn Oder

International Political Economy Theses

Private uses of prison labor are illegal internationally, and not without reason. A lack of public oversight and regulations of wages mean that prison labor is often exploited in exchange for increased profitability for private prisons and sometimes the private companies they contract with. This paper will explicate the ways in which private uses of prison labor contribute to wage and employment precarity and ultimately cost numerous non incarcerated low wage individuals in the United States their jobs and livelihoods. It offers potential policy solutions and paths forward for new research to better link the sociological and economic considerations of ...


Total Recall: The Rise And Fall Of Teacher Tenure, Laura McNeal 2019 Selected Works

Total Recall: The Rise And Fall Of Teacher Tenure, Laura Mcneal

Laura R. McNeal

No abstract provided.


Verbal Hate Crimes In The Workplace: The Effect Of Mental And Emotional Injury Of The Lgbt Community On The Commerce Clause, Elizabeth Olsen 2019 Brooklyn Law School

Verbal Hate Crimes In The Workplace: The Effect Of Mental And Emotional Injury Of The Lgbt Community On The Commerce Clause, Elizabeth Olsen

Journal of Law and Policy

Mental and emotional abuse, particularly of the LGBT community in the workplace, is not a new phenomenon; however, it is one that is detrimental to both workers and companies, and is becoming increasingly prevalent as more workers are openly identifying as members of the LGBT community. The Hate Crimes Prevention Act should be amended to prevent verbal violence against protected characteristics in the workplace specifically, as workplace verbal abuse has as a significant an impact on companies and businesses, and, in turn, interstate commerce and the Commerce Clause.


Arbitration In Internal Dispute Resolution Programs: The Scarlet Letter “A” In Sexual Harassment Claims, Sarah Sachs 2019 Pepperdine University

Arbitration In Internal Dispute Resolution Programs: The Scarlet Letter “A” In Sexual Harassment Claims, Sarah Sachs

Pepperdine Dispute Resolution Law Journal

This Comment evaluates the use of arbitration and mediation as effective alternative dispute resolution mechanisms for resolving workplace sexual harassment claims. Part II discusses the legal development of sexual harassment claims in the workplace. Part III evaluates companies who use internal dispute resolution programs with mediation and arbitration to resolve workplace harassment claims. Finally, Part IV analyzes the advantages and disadvantages of companies designing and implementing internal dispute resolution programs to adjudicate workplace sexual harassment claims.


Production Liability, Aditi Bagchi 2019 Fordham University School of Law

Production Liability, Aditi Bagchi

Fordham Law Review

It is well known that many consumer goods are produced under dangerous working conditions. Employers that directly supervise the production of these goods evade enforcement. Activists and scholars have argued that we must hold the manufacturers and retailers that purchase goods made in sweatshops accountable. However, there has been little movement toward such accountability. Responsibility for the conditions under which goods are made—what I call “production liability”—entails assigning responsibility for workers to firms that do not directly employ them. Production liability, therefore, conflicts with deep intuitions about the boundaries of individual responsibility. This Article offers a moral and ...


Preface, Peter L. Strauss 2019 Columbia Law School

Preface, Peter L. Strauss

Chicago-Kent Law Review

No abstract provided.


Securities Disclosure As Soundbite: The Case Of Ceo Pay Ratios, Steven A. Bank, George S. Georgiev 2019 UCLA School of Law

Securities Disclosure As Soundbite: The Case Of Ceo Pay Ratios, Steven A. Bank, George S. Georgiev

Boston College Law Review

This Article analyzes the history, design, and effectiveness of the highly controversial CEO pay ratio disclosure rule, which went into effect in 2018. Based on a regulatory mandate contained in the Dodd-Frank Act of 2010, the rule requires public companies to disclose the ratio between CEO pay and median worker pay as part of their annual filings with the Securities and Exchange Commission (SEC). The seven-year rulemaking process was politically contentious and generated a level of public engagement that was virtually unprecedented in the long history of the SEC disclosure regime. The SEC sought to minimize compliance costs by providing ...


Rizo V. Yovino: Another Step Toward Equality Through The Equal Pay Act, Corey Timpson 2019 Golden Gate University School of Law

Rizo V. Yovino: Another Step Toward Equality Through The Equal Pay Act, Corey Timpson

Golden Gate University Law Review

Still prevalent in today’s society is a vast inequality between men and women, such that men are oftentimes treated better than women in the same contexts. One realm of society where this inequality is evidenced is through the disparities in pay rates. On average, for each dollar a man earns, a woman earns only 80.5 cents. Despite the passage of the Equal Pay Act (“EPA”), the nearly 20% gap remains. The purpose of the EPA was to bridge the pay gap among men and women working similar jobs at the same workplace. Under the EPA, an employer cannot ...


Paga Saves The Day Against Forced Arbitration, Letty Chavez 2019 Golden Gate University School of Law

Paga Saves The Day Against Forced Arbitration, Letty Chavez

GGU Law Review Blog

Arbitration agreements are becoming increasingly common in the employment setting, with over 60 million Americans being bound by one. In the private sector, 56.2 percent of nonunion employees are bound by mandatory arbitration agreements. In California, 67.4 percent of workplaces are subject to mandatory arbitration. Employees are less likely to win their cases in arbitration than in court. The increase in PAGA lawsuits in recent years is likely associated to the increase in mandatory arbitration agreements. As more employees find themselves without access to the courts, PAGA claims offer the only remaining recourse for employees to have their ...


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