Jun 1, 2019 | Article, Disability Law, Hugh B. McClean, Labor and Employment Law
By Hugh B. McClean Abstract The refrain “Delay, Deny, Wait Till They Die” is more than a slogan for disabled American veterans. It is a battle cry for soldiers, sailors, and airmen who have long put aside their armaments but remain entangled in the unending appeals...
Mar 1, 2016 | Article, Labor and Employment Law, Lawrence Rosenthal
By Lawrence Rosenthal Abstract Two years ago, in University of Texas Southwestern Medical Center v. Nassar, the Supreme Court decided that a plaintiff in a Title VII retaliation case must prove but-for causation between his protected conduct and a defendant’s decision...
Jun 1, 2011 | Case Note, Labor and Employment Law, Scott W. Thomas
By Scott W. Thomas Abstract In Edwards v. A.H. Cornell & Son, Inc., the United States Court of Appeals for the Third Circuit held that the anti-retaliation provision of the Employee Retirement Income Security Act of 1974 (ERISA) does not protect employees’...
Dec 1, 2010 | Article, Labor and Employment Law, Nancy M. Modesitt
By Nancy M. Modesitt Abstract The Equal Employment Opportunity Commission (EEOC) has struggled to be a meaningful force in eradicating employment discrimination since its inception. The primary reasons for this are structural in nature. The EEOC was designed to react...
Mar 1, 2010 | Article, Frank J. Menetrez, Labor and Employment Law
By Frank J. Menetrez Abstract The Supreme Court has held that the determination of whether a particular individual is an employee for purposes of federal antidiscrimination law-often a dispositive issue in employment discrimination cases-is to be governed by the...
Mar 1, 2010 | Case Note, JoAnn M. Dodson, Labor and Employment Law
By JoAnn M. Dodson Abstract The Fair Labor Standards Act (FLSA) offers protection to the welfare of our nation’s workforce, but according to a recent Seventh Circuit decision, FLSA protection is only offered to employees who put their complaints in writing....
