What is an Employer\u27s Liability for Constructive Discharge Under Title VII? An Analysis of Pennsylvania State Police v. Suders

This article previews the Supreme Court case Pennsylvania State Police v. Suders, 542 U.S. 129 (2004). In this case involving Title VII, the author expected the Court to analyze whether whether a constructive discharge caused by supervisory harassment is a tangible employment action for purposes of imposing striet liability

Will the Supreme Court Sound the Death Knell for Political Patronage? An Analysis of O\u27Hare Truck Services, Inc. v. City of Northlake

This article previews the Supreme Court case O\u27Hare v. City of Northlake, 518 U.S. 712 (1996). The author expected the Court to analyze whether political patronage infringes on First Amendment rights

Can Contested Disciplinary Actions Be Considered in Subsequent Termination Proceedings? An Analysis of United States Postal Service v. Gregory

This article previews the Supreme Court case U.S. Postal Service v. Gregory, 534 U.S. 1, 2001. The author expected the case to examine whether, under the Civil Service Reform Act, the Merit Systems Protection Board (MSPB) abuse its discretion when it considers prior discipline that is currently being challenged by the employee in ongoing grievance proceedings

A Case of Statutory Interpretation: Does 42 U.S.C. 1981 Prohibit Retaliation

This article discusses the case CBOCS West, Inc. v. Humphries, 553 U.S. 442 (2008). That case presented two questions: (1) Can an employee bring a claim under 42 U.8.C. § 1981 if he is terminated from employment because he has complained about racial discrimination at work?; and (2) Can the language of the statute be interpreted to include retaliation claims? Professor Fick argues that the this case is of great concern to employers whose liability for retaliation will be greatly expanded if the statute is interpreted to include retaliation claims and also that the case may be important from a statutory interpretation perspective

\u27If I Knew Then What I Know Now\u27: The Role of After-Acquired Evidence in Employment Discrimination Cases: An Analysis of McKennon v. Nashville Banner

This article previews the Supreme Court case McKennon v. Nashville Banner Publishing Company, 513 U.S. 352 (1995). The author expected the Court to address whether after acquired evidence of employee misconduct is a complete defense for an employer\u27s termination decision which would otherwise violate the Age Discrimination in Employment Act or is it relevant only to the scope of the remedy afforded to an employee terminated in violation of the Act

Survey of Recent Developments in Indiana Law: Labor and Employment Law

This article examines developments in labor and employment law occuring shortly before its publicaiton in 1992. The article discusses cases revisiting the Frampton rule, addressing employee defamation suits against employers, employment discrimination, issues arising in public sector employment, wage statutes, unemployment compensation, and workers\u27 compensation. It also discusses a state statute prohibiting employment discrimination based on employees\u27 off-duty use of tobacco

Pretext or Pretext-Plus: What Must a Plaintiff Prove to Win a Title VII Lawsuit? An Analysis of St. Mary\u27s Honor Center v. Hicks

This article previews the Supreme Court case St. Mary\u27s Honor Center v. Hicks, 509 U.S. 502 (1993). The author expected the Court to address whether, in the context of an employment discrimination case under Title VII of the Civil Rights Act of 1964, a plaintiff should prevail upon proof that the legitimate, non-discriminatory reasons advanced by the defendant as its motives for an adverse employment action are pretextural

Labor Law Preemption: Procedure and Substance: An Analysis of International Longshoremen\u27s Association v. Davis

This article previews the Supreme Court case Int\u27l Longshoremen\u27s Ass\u27n v. Davis, 476 U.S. 380 (1986). The author expected the Court to address 2 issues: (1) at what point in a case must the issue of federal preemption be raised?; and (2) to what extent is state law preempted by federal labor law

Corporate Social Responsibility for Enforcement of Labor Rights: Are There More Effective Alternatives?

This article addresses the concept of corporate social responsibility (hereinafter CSR) as it relates to labor rights. It considers the following issues: is the CSR model, as evidenced by the adoption of corporate codes of conduct (hereinafter CoC), effective in protecting labor rights; and is this model the best way to protect labor rights? These issues are examined from two perspectives: practical and philosophical. Lastly, some alternative enforcement mechanisms are considered and their respective advantages and disadvantages for purposes of ensuring labor rights are discussed