Employee Rights Quarterly articles from March 2002

Employee Rights Quarterly archives from March 2002

From the editor. (impact of September 11, 2001 on employees) (Editorial)
March 22, 2002... September 11, 2001, and the war against terrorism are already impacting the workforce. Layoffs in airline-, hotel-, and tourism-related businesses, and layoffs generally caused by the war-accelerated recession, obviously affect the lives of...

The future of labor law.
March 22, 2002... The author sees labor law as a conflict between the free-market values of efficiency, productivity, and profits and social and human values, such as justice, equality, and worker participation. This article discusses the employment-at-will...

The influence of appellate judges' social backgrounds when reviewing NLRB decisions. (Statistical Data Included)
March 22, 2002... To what extent does personal background affect judicial decision making? The authors examine the influence of such background in appellate cases reviewing unfair labor practice charges. The article concludes that political affiliation,...

Two years of living dangerously: life as general counsel of a state anti-discrimination agency. (Massachusetts Commission Against Discrimination) (Statistical Data Included)
March 22, 2002... State anti-discrimination agencies are notoriously understaffed, underbudgeted, overburdened, and flooded with complaints, most of which are legally insufficient. The author, a well-known plaintiffs' employment lawyer, tells of his...

Religious accommodation in post-9/11 America. (minorities and the workplace)
March 22, 2002... Title VII of the Civil Rights Act of 1964 forbids intentional religious discrimination in the workplace and requires employers to make reasonable accommodations to the religious beliefs and practices of employees. One of the most serious...

How to seek reasonable accommodation in the workplace for a physical or mental disability.
March 22, 2002... An important and novel feature of the Americans with Disabilities Act is the requirement that employers provide reasonable accommodations to disabled employees. This article examines the specific steps an employee must take to obtain...

Mandatory pre-dispute arbitration after Circuit City.
March 22, 2002... The Supreme Court Circuit City decision removed a major road-block to employers' efforts to enforce mandatory pre-dispute agreements to arbitrate. The author discusses some of the remaining issues, such as the EEOC's resistance to mandatory...

Calculating economic damages in an employment case. (wrongful dismissal) (Statistical Data Included)
March 22, 2002... Disputants in wrongful dismissal cases spend most of their time arguing about and litigating liability issues--whether the defendant employer was guilty of misconduct, breach of contract, or discrimination. Frequently the parties do not...

Legislative and regulatory watch: the employment discrimination implications of "charitable choice" legislation.
March 22, 2002... President Bush's proposed "charitable choice" legislation permits religious organizations to discriminate against employees for religious reasons. The author warns that a broad interpretation of the exception to Title VII would permit sexual...

Age Discrimination in the American Workplace: Old at a Young Age.
March 22, 2002... Addressing age discrimination in the workplace, Gregory's book offers anecdotal cases and explores the obstacles a worker faces as a claimant. ********** Age Discrimination in the American Workplace, Old at a Young Age Raymond...