Suchergebnisse

Introduction / Ann C. McGinley and Nicole Buonocore Porter -- Supreme Court and Gender Narratives : Desert Palace, Inc. v. Costa , 539 U.S. 90 (2003) / Commentary: Naomi M. Mann, Judgment: Anne Mullins -- Pregnancy Discrimination : Int'l Union, UAW v. Johnson Controls, 499 U.S. 187 (1991) / Commentary: Wynter Allen, Judgment: Marcia McCormick ; Young v. United Parcel Service, Inc., 135 S.Ct. 1338 (2015) / Commentary: Bradley Areheart, Judgment: Deborah Widiss - Appearances : Intersectional Approaches : Jespersen v. Harrah's Operating Co ., 444 F.3d 1104 (9th Cir. 2006) (en banc) / Commentary: Roxanna Bell, Authors of Rewritten Opinion: Angela Onwuachi-Willig and JoAnne Sweeney ; E.E.O.C. v. Catastrophe Management Solutions , 852 F. 3d 1018 (11th Cir. 2016) / Commentary: Jaspir (Jesse) Bawa, Judgment: D. Wendy Greene ; Webb v. City of Philadelphia , 562 F.3d 256 (3d Cir. 2009) / Commentary: Sahar Aziz, Judgment: Valorie Vojdik -- Harassment Because of Sex : Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986) / Author of (New) Commentary: Trina Jones, Author of (Reproduced) Rewritten Opinion: Angela Onwuachi-Willig ; Oncale v. Sundowner Services , 523 U.S. 75 (1998) / Author of (New) Commentary: Nancy E. Dowd, Author of (Reproduced) Rewritten Opinion: Ann C. McGinley -- Sexual Orientation and Gender Identity Discrimination as Sex Discrimination : Etsitty v. Utah Transit Authority , 502 F.3d 1215 (10th Cir. 2007) / Commentary: Pamela Wilkins, Judgment: Catherine Archibald ; Hively v. Ivy Tech Community College , 853 F.3d 339 (7th Cir. 2017) (en banc) / Commentary: Danielle D. Weatherby, Judgment: Ryan H. Nelson -- Systemic Claims and Gender : Proving Disparate Treatment and Impact : AFSCME v. State of Washington , 770 F.2d 1401 (9th Cir. 1985) / Commentary: Stephanie Bornstein, Judgment: Teresa Godwin Phelps ; E.E.O.C. v. Sears, Roebuck & Co ., 839 F.2d 302 (7th Cir. 1988) / Commentary: Maria Ontiveros, Judgment: Leticia Saucedo ; Ricci v. DeStefano , 557 U.S. 557 (2009) / Commentary: Rebecca K. Lee, Judgment: Marley Weiss ; Wal-Mart Stores, Inc. v. Dukes , 564 U.S. 338 (2011) / Commentary: Charles Sullivan, Judgment: Tristin Green -- Retaliation : Clark County School District v. Breeden , 532 U.S. 268 (2001) / Commentary: Rebecca Hanner White, Judgment: Michael Z. Green.

Legislation prohibiting age discrimination in the United States dates back to the 1960s, when along with the Equal Pay Act and the Civil Rights Act barring discrimination against women and minorities, Congress passed the 1967 Age Discrimination in Employment Act. Questions regarding the rationale for and effectiveness of age discrimination legislation are likely to become increasingly important in light of a rapidly aging population in the United States (and other industrialized countries). This article provides a summary, critical review, and synthesis of what we know about age discrimination legislation. It first traces out the legislative history and the evolving case law and discusses implementation of the law. It then reviews the existing research on age discrimination legislation—research that addresses the rationale for the legislation, its effectiveness, and criticisms. (JEL J1, J7, L3)

This article takes criticisms of employment discrimination in the aftermath of the creation of workmen's compensation legislation as a point of entry for arguing that compensation laws created new incentives for employment discrimination. Compensation laws turned the costs of employees' workplace accidents into a risk that many employers sought to manage by screening job applicants in a manner analogous to how insurance companies screened policy applicants. While numerous critics blamed insurers for discrimination, I argue that the problem was lack of insurance. The less that companies pooled their compensation risks via insurance, the greater the incentives for employers to stop employing people they would have previously been willing to hire.

THIS ASSESSMENT OF THE POTENTIAL IMPACT OF THE LAWS THAT PROHIBIT DISABILITY-BASED EMPLOYMENT DISCRIMINATION REVIEWS THE LOGIC OF CIVIL RIGHTS LAW AND ITS APPLICATION TO DISABILITY. THE DEVELOPMENT, STRUCTURE, AND OPERATION OF STATE AND FEDERAL EMPLOYMENT DISCRIMINATION LAWS FOR DISABILITY, AND THE EXPERIENCE WITH THE UTILIZATION AND ENFORCEMENT OF THESE LAWS, ARE PRESENTED. WITH DATA FROM STATE ENFORCEMENT AGENCY REPORTS, THE PATTERN OF EMPLOYMENT DISCRIMINATION COMPLAINTS FILED UNDER STATE LAWS PRIOR TO THE AMERICANS WITH DISABILITIES ACT (ADA) IS ANALYZED. THE DATA ARE SIMILAR TO THE EARLY ADA COMPLAINT DATA: A LARGE PROPORTION OF COMPLAINTS CAME FROM PERSONS WITH JOBS OR WHO HAD LOST JOBS, AND LESS THAN 50 PERCENT OF THE COMPLAINTS RESULTED IN A FINDING FAVORABLE TO THE COMPLAINTANT. BASED ON WHAT HAS BEEN FOUND ABOUT THE EFFECTIVENESS OF PRIOR CIVIL RIGHTS LEGISLATION, EXPECTATIONS FOR THE IMPACT OF THE ADA AND POTENTIAL MEASURES OF ITS SUCCESS ARE SUGGESTED.

This assessment of the potential impact of the laws that prohibit disability-based employment discrimination reviews the logic of civil rights law and its application to disability. The development, structure, and operation of state and federal employment discrimination laws for disability, and the experience with the utilization and enforcement of these laws, are presented. With data from state enforcement agency reports, the pattern of employment discrimination complaints filed under state laws prior to the Americans with Disabilities Act (ADA) is analyzed. The data are similar to the early ADA complaint data: a large proportion of complaints came from persons with jobs or who had lost jobs, and less than 50 percent of the complaints resulted in a finding favorable to the complainant. Based on what has been found about the effectiveness of prior civil rights legislation, expectations for the impact of the ADA and potential measures of its success are suggested.

South African labour law is forever evolving to address new issues in the modern workplace. One such new consideration is weight?based discrimination. With obesity increasing worldwide, it permeates every aspect of life, not least of which the workplace. A range of preconceived notions about the overweight and the obese often cause employers' appearance prejudices to influence their employment decisions and practices, as is evident from the numerous court decisions worldwide dealing with weight?based discrimination in employment. This article first deconstructs the concept of 'weight discrimination', and then investigates the possible status of weight as a ground of unfair discrimination in South Africa. Even though South Africa is among the three most overweight nations in the world, and the country's judicial forums have already had to deal with a number of cases involving elements of weight?related bias in the workplace, no specific legislation or other measure exists to address this phenomenon. The right to dignity and equality is vehemently protected in the South African Constitution; yet, the legislature chose not to include weight in the specific prohibited grounds of discrimination. Thus, the article explores the possibility of bringing claims of weight?based discrimination under section 6(1) of the amended Employment Equity Act, as well as that of obesity being protected as a disability. Following a comparative overview of the legal positions in the United States of America, Australia, the European Union and the United Kingdom, the article concludes by suggesting possible solutions and recommendations to fill the void in South African labour law to effectively deal with weight?based discrimination in the workplace.

Australia offers greater legislative protection against employment discrimination on the basis of sexual orientation than does the United States. This difference is not due to greater social or political awareness on the part of Australians. Rather, Australian federal law results from the work of progressive national committees given wide discretion to address discrimination under international agreements to which Australia is a party. The creation of Australian federal laws is not instructive in the U.S. context because the limited scope of these laws is incompatible with American discrimination statutes. Furthermore, the process by which sexual orientation became a proscribed ground under Australian federal laws is unlikely to occur in the United States. In contrast, Australian state and territory laws addressing gay rights are often the result of political compromise and frequently reflect familiar prejudices. While such legislation is clearly less than ideal, it indicates that a strategy of compromise can be successful in establishing protection against discriminatory employment practices. In this respect, those working to extend protection against employment discrimination on the basis of sexual orientation in the United States would be served by taking note of the Australian state and territory experience.

The seemingly increasing political divide in the United States between Democrats and Republicans has often resulted in both parties working to advance their ideology rather than forge a consensus with the other side. This polarization can often be seen in the geography of the nation which can characterize most of the states as either solidly red (Republican/conservative) or blue (Democratic/liberal). With federal judges appointed by the President and confirmed by members of Congress, one wonders if these politically appointed judges reflect in their rulings the ideology of those who appointed/confirmed them and/or if the color of the state in which they preside has any bearing on the number of cases brought before them. In a random sample of federal employment discrimination cases (n=657), this study sought to examine the influence of geographic location and the political ideology/leanings of states may have on both the frequency and outcomes of employment discrimination claims. The results revealed noteworthy and significant differences between states in both the frequency (more or less cases than would be expected to be filed based on relative population size) and degree of plaintiff success/failure in such cases. As a result of these findings, implications are advanced for employees and employers as a consequence of these geographic and political differences.

Due to declining birth rates and increasing life expectancies, the developed countries can expect progressively ageing workforces comparative to those of Canada and the USA. As a result, employers will be less able to draw on a relatively inexpensive, younger labour force for replacements, and in order to maintain current employee levels there will be a greater need for the increasingly ageing working population to stay at work longer. An outline of some of the age‐related regulatory practices of the USA may indicate the way ahead for other developed countries as they try to introduce greater governmental protection of their older workforces.