Intentional Job Discrimination-New Tools for Our Oldest Problem

The roots of employment discrimination lie deep in our history. By the 18th century, race slavery was the underpinning of wealth in the southern colonies. Black slaves were considered property - subhumans who had no rights in themselves or their offspring. In 1765, the British imposed stamp taxes on the colonies; the colonies resisted. In 1766, Parliament claimed the power to govern the colonies in all matters, but by 1770 it had repealed almost all the taxes that offended the colonists. Business as usual returned to the relations between the colonies and Britain

The Worker and Three Phases of Unionism: Administrative and Judicial Control of the Worker-Union Relationship

This article will examine the extent to which, and the methods by which, individual rights are protected in each of these three phases of union activity. We will see that the employee is well protected in his right to oppose political action of the union and has considerable legal protection for his rights to engage in internal union political struggles, but the employee has received little protection for his economic interests in collective bargaining between unions and employers. A recent decision by the NLRB, which will be examined in some detail, suggests that additional protection for individual economic rights in the collective bargaining process may be in the offing

Strangers in Paradise: \u3cem\u3eGriggs v. Duke Power Co.\u3c/em\u3e and the Concept of Employment Discrimination

In March 1966, the Equal Employment Opportunity Commission (EEOC) negotiated an extensive agreement with the Newport News Shipyard to eliminate employment discrimination. The outcome of these negotiations-which were conducted by the Office of Conciliations which I then headed-was the first major achievement for the EEOC under title Vll of the Civil Rights Act of 1964. Following that episode, Ken Holbert, Deputy Chief of Conciliations, and I decided to try to negotiate a model conciliation agreement on the subject of discriminatory employment testing. We knew that many companies had introduced tests in the 1950\u27s and early 1960\u27s when they could no longer legally restrict opportunities of blacks and other minority workers and that the tests had proved to be major barriers to minority advancement. We therefore sought to negotiate a solution that would induce industry either to stop using these tests, or, at the least, to modify their use so that they did not have a discriminatory effect

Introduction to Labor and Employment Law Symposium

Symposium - Introduction to Labor and Employment Law - Introductio

The Profound Influence in America of Lord Mansfield’s Decision in Somerset v. Stuart

Lord Mansfield\u27s influence on slavery in America began on June 22, 1772, when he decided the case that freed James Somerset and declared slavery so odious that it could not be enforced in Britain by sending a slave out of the country against his will. It continues into the present through work such as the University of Michigan\u27s successful defense of affirmative action before our Supreme Court. My focus today is on six episodes showing the influence of Mansfield\u27s decision in Somerset v. Stuart in America