Journal of Individual Employment Rights最新文献

{"title":"Disability Rights Frameworks in Canada","authors":"Bally Thun","doi":"10.2190/IE.12.4.G","DOIUrl":"https://doi.org/10.2190/IE.12.4.G","url":null,"abstract":"This article provides an overview of legislation and precedent-setting disability rights cases in Canada in the context of employment. It reviews the prevalence and impact of disabilities and identifies various types of accommodations that are ameliorative in the workplace. Key terms and concepts such as the Meiorin test, undue hardship, and bona fide occupational requirements (BFORs) are presented, and the article also includes a brief overview of provincial human rights legislation. Finally, several comparisons are drawn between Canadian and American approaches, and suggestions are made to integrate Canadian strategies into American disability rights frameworks. Human rights legislation broadly encompasses laws that have been created and ratified to prevent discrimination against individuals on protected grounds. The Universal Declaration of Human Rights was the first of these laws, and it was adopted by the United Nations General Assembly in December of 1948 [1]. The members’ intent was to develop a “universal” document that included “principles of nondiscrimination, civil and political rights, and social and economic rights.” It was generated: from the strong desire for peace in the aftermath of the Second World War . . . this was the first time in history that a document considered to have universal value was adopted by an international organization. It was also the first time that human rights and fundamental freedoms were set forth in such detail . . . although the 58 Member States which formed the United Nations at that time varied in their ideologies, political systems and religious and cultural backgrounds and had different patterns of socio-economic development, the","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"113 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131557107","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Sexual Harassment—a Primetime TV Laughing Matter","authors":"Jennifer E. Brummert","doi":"10.2190/5FRU-F1PC-D1WV-CMWJ","DOIUrl":"https://doi.org/10.2190/5FRU-F1PC-D1WV-CMWJ","url":null,"abstract":"This article focuses on the treatment of sexual harassment by television networks in situation comedies. It contrasts the litigated cause of action under Title VII. with the comedic value of sexual harassment in television screenplays. While the former faces punishment in the form of termination and damages, the latter is rewarded with ratings and royalties. This article explores the Title VII restrictions placed on employers, and discusses the (im)plausibility of placing those same restrictions on television character employers. It finally examines why frce speech trumps Title VII in the television arena, but not in the American workplace. In recent ycars, the topic of sexual harassment has permeated our society through employment [ 11, journalism [2], politics [3]. and even the entertainment industry [4-121. Embedded in Title VII of the Civil Rights Act of 1964, sexual harassment is viewed as a form of discrimination [13]. The seriousness of this unlawful conduct is evidenced through a multitude of lawsuits, training sessions, and published guidelines for employers and employees alike [ 141. The Equal Employment Opportunity Commission (EEOC) has established criteria for employers to follow [15, 161, and the Supreme Court has narrowly defined what constitutes sexual harassment [ 171, how that leads to a hostile work environment [ 181, and who can be held liable for such conduct [ 19.201. The seriousness of sexual harassment dissipates in the transition to the bmadcast form. The responsibilities placed upon employers am absent when those employers arc characters on the small screen. As a favorite situation comedy topic, sexual harassment metamorphosizes from unlawful conduct punishable by termination and damages, to a humorous satire rewarded by high ratings and","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"258 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132755243","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Free Speech on the Firing Line: the Legal Controversy Continues","authors":"C. B. Gilmore, Martha A. Broderick","doi":"10.2190/H2EX-4A3R-292V-C0F8","DOIUrl":"https://doi.org/10.2190/H2EX-4A3R-292V-C0F8","url":null,"abstract":"First Amendment speech rights are increasingly becoming a source of controversy on college and university campuses. As the Supreme Court struggles to establish a balance between the teacher, as citizen, and the university, as employer, the line between protected and unprotected speech has been bent but not broken. An examination of recent court decisions reveals some answers and provides educators with guidelines for determining the nature and extent of the protections offered within the purview of academic free speech rights. Indicators of the more typical issues raised about the conflict between free speech and academia are suggested. The free exercise of First Amendment rights is coming under greater scrutiny within the educational community. Increasingly, constitutionally protected interests-especially involving the freedom of speech-are being challenged by teachers and other educators. Due to recent developments, they could face discipline up to and including termination for classroom utterances. The problem, as enunciated by the Supreme Court, has been to establish a balance between “the interests of the teacher, as a citizen, in commenting upon matters of public concern” and the “the interests of the state, as an employer, in promoting the efficiency of the public service it performs” [ I , pp. 1734-17351. In this leading case, the right of faculty to speak out on public matters was settled in part but questions still remain unanswered. The Supreme Court, in Pickring, refrained from establishing a general standard for judging statements by public employees [l]. Where, then, is the line between protected and unprotected speech to be","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133025654","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Gilmer v. Interstate/Johnson Lane Corp.: Observations on an Expanded Role for the Labor Arbitrator","authors":"Seymour Strongin, Andrew M. Strongin","doi":"10.2190/TEVF-LP7M-T8RW-WA8D","DOIUrl":"https://doi.org/10.2190/TEVF-LP7M-T8RW-WA8D","url":null,"abstract":"The Supreme Court's decision in Gilmer v. Interstate/lohnson Lane Corp. potentially signifies an expanded role for the labor arbitrator in the resolution of employment-related claims. Under the Steelworkers trilogy, labor arbitrators' expertise was perceived as being limited to matters of the shop, and so labor arbitrators' authority was limited by the Court to those areas. By compelling the arbitration of Gilmer's Age Discrimination in Employment (ADEA) claim, the Court firmly embraced an increased respect for the expertise of arbitrators, and signalled a willingness to depart from the limitations imposed by the Steelworkers trilogy on the role of labor arbitrators. These comments address the implications of Gilmer v. Interstate/Johnson Lane Corp. [1] when applied to traditional agreement-based labor arbitration. Gilmer was required as a condition of his employment with Interstate to register as a securities representative with the New York Stock Exchange (NYSE). According to the Supreme Court, the registration application \"provided, among other things, that Gilmer 'agree[d] to arbitrate any dispute, claim or controversy' arising between him and Interstate 'that is required to be arbitrated under the rules, constitutions or by-laws of the [NYSE]'\" [1, at 1650]. One of the NYSE rules provided for the arbitration of '''[a]ny controversy\" between Gilmer and Interstate \"'arising out of [Gilmer's] employment or termination of employment\" [1, at 1651]. The case involved Gilmer's efforts to bring a claim under the Age Discrimination in Employment Act (ADEA) in federal court, rather than submit it to compulsory arbitration pursuant to the terms of the arbitration agreement","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"104 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133095425","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The New Temperance Movement: Workplace Junkies Never Had It So Bad","authors":"S. Crow","doi":"10.2190/0D7K-HJP9-73QY-CRAV","DOIUrl":"https://doi.org/10.2190/0D7K-HJP9-73QY-CRAV","url":null,"abstract":"In general, the way organization treat employees improved dramatically over the past thirty years; a trend that is likely to continue. Altruism is probably not an imperative for this increased concern for employees' welfare, instead, the combined effects of social, political, and economic considerations probably account for the improvements in employee relations. In contrast, workers who use alcohol or drugs are at greater risk today of losing their jobs than they were ten years ago. This is due in part to job-related issues; however, the effect of emotions, bound up in what seems to be a new temperance move­ ment in America, must be considered as a plausible explanation. The way organizations treat their employees has been of considerable interest to scholars and management practitioners over the past thirty years. During that time, treatment of the individual worker improved significantly and today, concepts like fair play, due process, and just cause are part of the employee relations orthodoxy. During the past ten years, however, while job protection and regard for the individual worker became a mainstay of employee relations, job security for workers who use alcohol or drugs decreased. The treatment of workers who use alcohol or drugs can best be examined within a framework of cycles of tolerance and intolerance. America is currently experiencing a cycle of intolerance toward alcohol and drugs, and workers who use intoxicants are at risk in what appears to be a neotemperance movement. The purpose of this article is to examine this latest round of intolerance and its probable effects on American workers. 1 Throughout this article, drugs are defined as illicit drugs like cocaine, heroin, and marijuana.","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132133591","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"EMPLOYEE RIGHTS AND PARTICIPATION IN THE DESIGN OF INFORMATION SYSTEMS IN THE EUROPEAN UNION AND THE UNITED STATES: CODETERMINATION LAWS AND VOLUNTARY PARTICIPATION","authors":"Evan W. Duggan, Din K. Duggan","doi":"10.2190/8HHG-9CR0-HCY8-1JGW","DOIUrl":"https://doi.org/10.2190/8HHG-9CR0-HCY8-1JGW","url":null,"abstract":"Business organizations have exploited the innovations enabled by information and communications technologies to modify their modes of operation in order to improve their effectiveness and strategic positioning. However, this continuous stream of new technologies and their applications have affected (sometimes negatively) the work life of employees, who must make the adjustments necessary to accommodate technology-induced changes. Old fears about the potentially adverse impact of the proliferation of applications of information technology (IT) linger while newer concerns have emerged. In this article we undertake a critical analysis based on our legal and IT perspectives and a thorough review of the relevant literature to examine this “creative destruction.” We examine different motivations for including employees in the design of information systems and how such inclusion may help to co-generate features that are both important for business success and responsive to the human impacts of employee/IT interaction. Except in European Union (EU) countries that endorse codetermination, there is very little legislation elsewhere that addresses individual participation in information systems design decisions as an employment right. This EU experience is compared with other voluntary approaches.","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132161835","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Occupational Therapy Clinicians' Attitudes Toward Collective Bargaining in New South Wales, Australia","authors":"S. Griffin","doi":"10.2190/BE05-EGB8-EUCW-EXQ6","DOIUrl":"https://doi.org/10.2190/BE05-EGB8-EUCW-EXQ6","url":null,"abstract":"This article presents the results of an investigation of the attitudes of New South Wales occupational therapy clinicians toward collective bargaining for themselves and occupational therapy academics. Data were collected using a mailed survey instrument that included scales measuring attitudes toward collective bargaining and collecting demographic data. New South Wales clinicians are supportive of collective bargaining in general for both them­ selves and academic occupational therapists. They are, however, not sup­ portive of strike action for themselves even over serious professional issues. Level of education was found to correlate with scores on the clinical collec­ tive bargaining subscale. The decrease in health care dollars in the Australian public health sector is having, and will continue to have, a marked impact on the delivery of occupational therapy (OT) services [1]. Occupational therapy authors have called on the profes­ sion to become more politically active within the health care sector to maximize their influence over decision makers and secure the position of the profession within the public sector [2, 3]. The restructuring of the public health care system in the state of New South Wales has resulted in various levels of representation across sections of the system. The level of representation achieved has depended on the extent to which occupational therapists, in conjunction with other allied health professionals, have been able to push for management structures within their areas to ensure they are •This research was supported by a grant from the Occupational Therapists' Vocational Branch of the NSW Public Service Association.","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130288295","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Third-Party Representation for Nonunion Employees—A Question of Privacy or Just Equal Treatment in the Workplace","authors":"Michael Aiello","doi":"10.2190/B853-5671-UMGK-6YA3","DOIUrl":"https://doi.org/10.2190/B853-5671-UMGK-6YA3","url":null,"abstract":"The nonunion employee has a right to protect his/her privacy interests and employment status during investigatory and disciplinary interviews. In the nonunion workplace, the lack of collective bargaining and employee organi­ zation give rise to serious concerns about employee protection. The nonunion employee is often forced to confront and overcome the significant power imbalance inherent in the employer-employee relationship. This imbalance is more evident and threatening in the nonunion workplace where employers are not challenged by a union shop steward and have no reason to suspect an organized response by disgruntled employees. The nonunion employee must be allowed to employ the assistance of her coworker during exchanges with her employer. While the assistance of the coworker is not a substitute for a union representative or union organization, it would serve to increase equality and diminish the power imbalance. The presence of a coworker, known as the right to third-party representation, is available to union employees, however, nonunion employees are not able to seek the protection of third-party repre­ sentation. The right to third-party representation must be made available to all employees—union and nonunion employees. The National Labor Relations Board has deprived nonunion employees of the opportunity, the right, to engage in concerted activity for mutual aid and protection. This right is afforded all employees under section seven of the National Labor Relations Act. The board and the courts initially held that this right did extend to nonunion, as well as, union employees. In 1988, however, the board reversed its position by ignoring the mandates of section seven and the needs of nonunion employees. The board relied on speculation in distinguishing the needs and necessarily the rights of union and nonunion employees. The policy supporting the right to third-party representation in the union workplace is met, if not overcome, in the nonunion workplace. The right to representation at investigatory interviews is a form of fundamental concerted activity for © 1994, Baywood Publishing Co., Inc. 113 doi: 10.2190/B853-5671-UMGK-6YA3 http://baywood.com","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"124 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116893463","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Tenure and Promotion Policies in Colleges and Universities: Confidentiality and Defamation in Peer Reviews","authors":"C. Koen, W. P. Galle","doi":"10.2190/7256-VEWK-YHY1-EMXQ","DOIUrl":"https://doi.org/10.2190/7256-VEWK-YHY1-EMXQ","url":null,"abstract":"","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116081884","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Economic Inequality and the Choice of Self-Employment among Americans of Lebanese, Palestinian, and Syrian Ethnic Descent","authors":"J. Wright","doi":"10.2190/RXG0-YEK7-UW5N-NLJX","DOIUrl":"https://doi.org/10.2190/RXG0-YEK7-UW5N-NLJX","url":null,"abstract":"Self-employment dependency varies drastically between national origin groups living in the United States. Prejudicial feelings against some nations of origin make it more difficult for some immigrants or ethnics to bypass employment hierarchies that force them out of the traditional occupational structure; religion can also form strong barriers to employment. The result is that groups who face high levels of discrimination choose to form their own businesses at inordinately high rates. It is also true that within ethnic economic enclaves socially unpopular subgroups are placed at an economic disadvantage. This situation makes the rate of self-employment a key indi­ cator of ethnic economic discrimination. This article investigates the role of social distance in promoting self-employment among Americans with Lebanese, Palestinian, and Syrian ethnicity or national backgrounds. Borjas and others argued that immigration is a self-selecting process wherein motivated people relocate and excel via self-employment in the host country [1]. This cycle makes \"the context of the migration decision itself is important for understanding labor-market outcomes for immigrants, [. . . including] edu­ cation, . . . national origin, . . . time of migration [2, p. 987] and indicates that *This article is a revised version of a lecture delivered to the Mellon Foundation post-graduate seminar on racial and ethnic economic inequality at the University of North Carolina at Chapel Hill. The author would like to thank William J. Darity, and Dr. Gary S. Becker for his notes on this research.","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116245264","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}