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

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

Does Title VII Apply in Saudi Arabia? An Analysis of EEOC v. Arabian American Oil Co.

This article previews the Supreme Court case EEOC v. Arabian American Oil Co., 499 U.S. 244 (1991). The author expected the Court to decied whether Congress intended the mandates of Title VII of the Civil Rights Act of 1964 prohibiting employment discrimination to extend extraterritorially

Reconciling the NLRA and IRCA: Can an Undocumented Worker Receive Back Pay? An Analysis of Hoffman Plastic Compound, Inc. v. NLRB

This article previews the Supreme Court case Hoffman Plastic Compound, Inc., v. NLRB, 535 U.S. 137 (2002). The author expected the Court to address in this case the apparent conflict between the National Labor Relations Act\u27s goal of the prevention of unfair labor practices and the Immigration Reform and Control Act\u27s denial of employment to undocumented aliens. This issue arose because of an award of back pay to an undocumented worker who was fired because of his union organizing activities

Title VII: When Is a Pretext Not a Pretext? An Analysis of Westinghouse Electric Corp. v. Vaughn

This article previews the Supreme Court case Westinghouse Electric Corp. v. Vaughn, 466 U.S. 521 (1984). The author expected the Court to clarify the evidentiary requirements and burdens of plaintiffs and defendants in litigating a disparate treatment claim under Title VII of the Civil Rights Act of 1964