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

What is the Time Limit for Filing a Lawsuit? It Depends on What Your Definition of Arising Under Is! An Analysis of Jones v. R.R. Donnelley & Sons Co.

This article previews the Supreme Court case Jones et. al. v. R.R. Donnelly & Sons Co., 541 U.S. 369 (2004). The author predicted that the case would require the court to determine the appropriate statute of limitations to apply in a class action race-discrimination lawsuit filed under 42 U.S.C. § 1981

Does Title IX Protect Academic Whistle Blowers? An Analysis of Jackson v. Birminghan Board of Education

This article previews the Supreme Court case Jackson v. Birmingham Board of Education, 544 U.S. 167 (2005). The author expected the Court to decide whether Title IX\u27s ban on discrimination allows a private individual to sue for retaliation when a recipient of federal funds engages in adverse action against that individual because of his complaints that the recipient is violating Title IX

Does Title IX Protect Academic Whistle Blowers? An Analysis of Jackson v. Birminghan Board of Education

This article previews the Supreme Court case Jackson v. Birmingham Board of Education, 544 U.S. 167 (2005). The author expected the Court to decide whether Title IX\u27s ban on discrimination allows a private individual to sue for retaliation when a recipient of federal funds engages in adverse action against that individual because of his complaints that the recipient is violating Title IX

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