A Vague and Subjective Standard with Impractical Effects: The Need for Congressional Intervention after Burlington Northern & Santa Fe Railway Co. v. White

The anti-retaliation provision of Title VII of the Civil Rights Act of 1964 protects employees who report perceived workplace discrimination or who otherwise participate in the investigative or enforcement process of alleged Title VII discrimination. The statute provides little guidance, however, as to the scope of this protection. Thus, disagreement abounded among the lower federal courts, not only as to whether the anti-retaliation provision prohibited employer acts outside the workplace as well as within, but also as to the level of severity to which an alleged retaliatory act must rise in order to support a claim. The Supreme Court sought to resolve this disagreement in June 2006 when it decided Burlington Northern & Santa Fe Railway Co. v. White, but its decision fails to supply a clear, judicially administrable standard by which employers can readily abide. Instead, by focusing its inquiry into the statute’s language and underlying purposes too narrowly, the Court’s decision is plagued by a vague standard with a highly subjective component that insulates employees who engage in protected activity from even the slightest workplace changes. This vague and subjective standard not only lacks sufficient support in the statute but also directly contravenes Title VII’s policies of workplace equality, employer forethought, and management prerogative. Moreover, courts will likely struggle to administer this standard with any substantial degree of consistency, and well-meaning employers will find compliance extremely difficult as a result. This Article therefore proposes that Congress intervene to correct the problems that the Court’s decision in White creates. Specifically, this Article suggests that Congress amend the anti-retaliation provision so that its language more closely mirrors that found in the statute’s core substantive provision, and the better-developed standards thereunder may control discrimination and retaliation claims alike

Connecting with Careers & Community: Image/Text

Experiential learning characterizes several advanced writing courses at Ithaca College, ranging from preprofessional classes in editing and publishing and feature and magazine journalism to hands-on practicums in proposal and grant writing and image-text production. Our group presentation, a four-poster exhibition showcasing experiential learning in the Department of Writing, discusses students’ application and reflection. Students will display how they’ve taken understanding acquired in their coursework and applied it –– through writing, editing and publishing; collaborating with professionals in the community; creating artistic and expressive products shared via readings or public exhibits; and interning at a range of professional organizations in the public, private, and nonprofit sectors. In our Image-Text Practicum course (WRTG-31200) and image-text independent studies, we work at the intersection of writing and visual art. We learn through a careful, hands-on study of craft and form. We work to understand how to utilize white space, juxtaposition, and our associative minds to come to some new understanding and to create work that feels whole and dynamic. Lisa Booth’s “We Are Family: A Meditation on Inheritance and Patterns” combines found family photographs, psychological theory, and her own memories and observations as she works to understand, as she puts it, “inheritance and the idea of history repeating within the family system. The work tries to make sense of how inheritance can shape the individual in their family as well as in the larger society.” “Still Here by Will Cohan is a short work of fiction he describes as “journal entries from a ghost as it explores the world, searching for other ghosts and watching centuries go.” It pairs the text with simple, sketch-like drawings similar to those seen in the margins of a notebook. His intent was to explore ghosts in less of a horror light and come at the topic from a more childlike perspective. Alex Durham’s “Coming Together/ Falling Apart: A Study in Visual Text” was an independent study performed over the summer of 2018. The work “explored the relationship between visuals and text through the medium of the video essay.” It was completed under the mentorship of Professor Katie Marks and with support from the H&S Summer Scholars program. All this creative work requires the intersection of mediums, aesthetics, and new audiences. In conjunction with the Image-Text course, students also display their work for the public in an interactive fair

The Times They Are a-Changin’: Shifting Norms and Employee Privacy in the Technological Era

When it comes to employee privacy rights in emerging technologies, the times they are a-changin’. In the dawn of the modern technological era, when electronic mail and the Internet were in their relative infancy, the right to privacy meant almost nothing in the workplace. Employers could promise that e-mail would not be monitored, but then proceed to do so anyway. When employees sued, seeking vindication of their perceived privacy rights, courts cast aside any notion that an employee could expect privacy in the workplace, and they did so almost uniformly. The tide, however, appears to be turning. Judicial decisions rendered in more recent years, coupled with comparable statutory reform initiatives, suggest that as social norms shift in light of the rapid development and mainstreaming of modern technologies, the law is affording protection to employees that previously did not exist. This Article takes a retrospective-comparative approach to this turning tide, delving deeply into the law of the early era of modern technology and juxtaposing it against more recent developments. The result is exposition of an unmistakable trend favoring employee rights. This Article therefore tackles head-on the ultra-modern legal problem of workplace privacy rights in emerging technologies, but it does so in novel ways, as the first to suggest that the trend is shifting toward greater recognition of employee rights at the expense of employer prerogative

Human Faces Are Slower than Chimpanzee Faces

BACKGROUND: While humans (like other primates) communicate with facial expressions, the evolution of speech added a new function to the facial muscles (facial expression muscles). The evolution of speech required the development of a coordinated action between visual (movement of the lips) and auditory signals in a rhythmic fashion to produce "visemes" (visual movements of the lips that correspond to specific sounds). Visemes depend upon facial muscles to regulate shape of the lips, which themselves act as speech articulators. This movement necessitates a more controlled, sustained muscle contraction than that produced during spontaneous facial expressions which occur rapidly and last only a short period of time. Recently, it was found that human tongue musculature contains a higher proportion of slow-twitch myosin fibers than in rhesus macaques, which is related to the slower, more controlled movements of the human tongue in the production of speech. Are there similar unique, evolutionary physiologic biases found in human facial musculature related to the evolution of speech?\ud \ud METHODOLOGY/PRINICIPAL FINDINGS: Using myosin immunohistochemistry, we tested the hypothesis that human facial musculature has a higher percentage of slow-twitch myosin fibers relative to chimpanzees (Pan troglodytes) and rhesus macaques (Macaca mulatta). We sampled the orbicularis oris and zygomaticus major muscles from three cadavers of each species and compared proportions of fiber-types. Results confirmed our hypothesis: humans had the highest proportion of slow-twitch myosin fibers while chimpanzees had the highest proportion of fast-twitch fibers.\ud \ud CONCLUSIONS/SIGNIFICANCE: These findings demonstrate that the human face is slower than that of rhesus macaques and our closest living relative, the chimpanzee. They also support the assertion that human facial musculature and speech co-evolved. Further, these results suggest a unique set of evolutionary selective pressures on human facial musculature to slow down while the function of this muscle group diverged from that of other primates.\ud \u

Perceptions of Rural Superintendents on Factors Influencing Employment Decisions

School districts struggle to attract and maintain a sufficient supply of highly capable superintendents. High-needs within rural districts, in particular, often are not able to attract and retain effective leaders. The issue of short superintendent tenure has drawn speculation and concern that revolving leadership may have negative consequences for schools and student achievement. A variety of factors contribute to superintendent turnover including: school board relations, job satisfaction, school district characteristics, and the personal characteristics of superintendents (Grissom & Anderson, 2012; Kamrath & Brunner, 2014; Wood, Finch & Mirecki, 2013). This study provides insight into perceptions of rural superintendents (n=10) and why they stay or leave their roles in rural Idaho school districts. As we look for ways to build capacity for leadership and social change in rural settings, it is important to understand factors influencing the stability of leadership from the superintendent role. Findings suggest that school boards remain the most influential factor

Streamlined RI/FS planning for the groundwater operable unit at the Weldon Spring Site

The U.S. Department of Energy (DOE) is conducting cleanup activities at the chemical plant area of the Weldon Spring Site located in St. Charles County, Missouri, about 48 km (30 mi) west of St. Louis and 22 km (14 mi) southwest of the City of St. Charles. The 88-ha (217-acre) chemical plant area is chemically and radioactively contaminated as a result of uranium processing activities conducted by the U.S. Atomic Energy Commission during the 1950s and 1960s. The Army also used the chemical plant area for the production of explosives in the 1940s. The Weldon Spring Site chemical plant area was listed on the National Priorities List (NPL) in 1989. Adjacent to the chemical plant area is another NPL site known as the Weldon Spring Ordnance Works. The ordnance works area is a former explosive production facility that manufactured trinitrotoluene (TNT) and dinitrotoluene (DNT) during World War II. The ordnance works area covers 7,000 ha (17,232 acres); cleanup of this site is managed by the U.S. Army Corps of Engineers (CE)

Work/ family demands and cardiometabolic risk and sleep duration in extended care employees: multilevel findings from the Work, family and Health Network

The study investigates the associations of work-family conflict and other work and family conditions with objectively-measured outcomes cardiometabolic risk and sleep duration in a study of employees in nursing homes. Multilevel analyses are used to assess cross-sectional associations between employee and job characteristics and health in analyses of 1,524 employees in 30 extended care facilities in a single company. We examine work and family conditions in relation to two major study health outcomes: 1) a validated, Framingham cardiometabolic risk score based on measured blood pressure, cholesterol, glycosylated hemoglobin (HbA1c), body mass index (BMI), and self-reported tobacco consumption, and 2) wrist actigraphy-based measures of sleep duration. In fully-adjusted multi-level models, Work-To-Family conflict, but not Family-to-Work conflict was positively associated with cardiometabolic risk. Having a lower-level occupation (nursing assistants vs. nurses) was also associated with increased cardiometabolic risk, while being married and having younger children at home was protective. A significant age by Work-To-Family conflict interaction revealed that higher Work-To-Family conflict was more strongly associated with increased cardiometabolic risk in younger employees. With regard to sleep duration, high Family-To-Work Conflict was significantly associated with shorter sleep duration. In addition, working long hours and having younger children at home were both independently associated with shorter sleep duration. High Work-To-Family Conflict was associated with longer sleep duration. These results indicate that different dimensions of work-family conflict (i.e., Work-To-Family Conflict and Family-To-Work Conflict) may both pose threats to cardiometabolic risk and sleep duration for employees. This study contributes to the research on work- family conflict suggesting that Work-To-Family and Family-To-Work conflict are associated with specific outcomes. Translating theory and our findings to preventive interventions entails recognition of the dimensionality of work and family dynamics and the need to target specific work and family conditions

Are sexual health survey items understood as intended by African and Asian migrants to Australia? Methods, results and recommendations for qualitative pretesting

Introduction: More research and policy action are needed to improve migrant health in areas such as sexual health and blood-borne viruses (SHBBV). While Knowledge, Attitudes and Practice Surveys (KAPS) can inform planning, there are no SHBBV KAPS suitable for use across culturally and linguistically diverse contexts. This study pretests one instrument among people born in Sub-Saharan Africa, South-East and North-East Asia living in Australia. Methods: Employees of multicultural organisations were trained to collect data over three rounds using a hybrid qualitative pretesting method. Two researchers independently coded data. Researchers made revisions to survey items after each round. Responses to feedback questions in the final survey were analysed. Results: Sixty-two participants pretested the survey. Issues were identified in all three rounds of pretesting. Of the 77 final survey respondents who responded to a survey experience question, 21% agreed and 3% strongly agreed with the statement ‘I found it hard to understand some questions/words’. Conclusion: It is essential to pretest SHBBV surveys in migrant contexts. We offer the following pretesting guidance: (1) large samples are needed in heterogeneous populations; (2) intersectionality must be considered; (3) it may be necessary to pretest English language surveys in the participants’ first language; (4) bilingual/bicultural workers must be adequately trained to collect data; (5) results need to be interpreted in the context of other factors, including ethics and research aims; and (6) pretesting should occur over multiple rounds