Download or read book Extraterritorial Effect of U S Anti Discrimination in Employment Law written by Wendy Nicole Duong and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The weak enforcement of the ILO makes its body of international labor law merely an inspiration. Thus labor protection largely remains border- and culture-bound, unless stipulated by treaty. For example, an alleged sexual harasser under American law is subject to Title VII civil liability, whereas in France, such harasser can be jailed, if found guilty. In 1991, the U.S. Supreme Court held, in EEOC v. Arabian American Oil Co., 499 U.S. 244 (1991), that Title VII did not apply outside the territory of the U.S. (“Aramco”). In response, Congress amended Title VII to change the Aramco holding. Title VII now applies extraterritorially to protect U.S. citizens employed by American employers abroad. 42 USC 2000e(f). Title VII has such extraterritorial effect only when both the employer and the employee have U.S. nationality or citizenship. Shekoyan v. Sibley Int'l Corp., 217 F. Supp. 2d 59 (D. D.C. 2002). Under international law, this “citizenship” nexus adequately supports the U.S.'s prescriptive jurisdiction, and supplies the doctrinal basis to justify the exterritorial effect of U.S. anti-discrimination law. Title VII has been extended to a foreign employer outside the territorial jurisdiction of the U.S., if that employer is “controlled” by an American entity. “Control” is determined via a factual “integrated enterprise” analysis. Kang v. U. Lim America, Inc., 296 F.3d 810 (9th Cir. 2002). To accommodate the “conflict-of-law analysis,” courts and the EEOC have approved a “foreign law” exception to Title VII liability, which can fit under the “bonda fide occupational qualification” (BFOQ) paradigm of Title VII jurisprudence. In these scenarios, the foreign employer is deemed an American employer by virtue of “control,” as both employers/entities are considered part of the same “integrated enterprise” bearing U.S. nationality or citizenship. A typical “integrated enterprise” may occur in a U.S. parent-foreign subsidiary relationship. As a result of this extension, now the action of a non-U.S. employer can be subject to Title VII, but non-U.S. employees are not protected by Title VII. This creates an anomaly: a U.S. citizen working overseas for a foreign company is protected under Title VII, if the foreign company is controlled by a U.S. entity, but his or her non-U.S. co-worker sitting in the adjoining cubicle, working for the same company, is not so protected. Yet, the statutory language and legislative intent of Title VII's Aramco amendment are clear - the citizenship nexus must be satisfied both in the employer as well as the employee for Title VII to apply to the employment relationship.
Download or read book Extraterritorial Application of United States Employment Discrimination Laws written by New York State Bar Association. Commercial & Federal Litigation Section and published by . This book was released on 1991 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Study on the Extraterritorial Application of Antidiscrimination Laws to American Employees Working Overseas written by Gabriel Ejgenberg and published by . This book was released on 2006 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Unequal written by Sandra F. Sperino and published by Oxford University Press. This book was released on 2017-05-01 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is no secret that since the 1980s, American workers have lost power vis-à-vis employers through the well-chronicled steep decline in private sector unionization. American workers have also lost power in other ways. Those alleging employment discrimination have fared increasingly poorly in the courts. In recent years, judges have dismissed scores of cases in which workers presented evidence that supervisors referred to them using racial or gender slurs. In one federal district court, judges dismissed more than 80 percent of the race discrimination cases filed over a year. And when juries return verdicts in favor of employees, judges often second guess those verdicts, finding ways to nullify the jury's verdict and rule in favor of the employer. Most Americans assume that that an employee alleging workplace discrimination faces the same legal system as other litigants. After all, we do not usually think that legal rules vary depending upon the type of claim brought. The employment law scholars Sandra A. Sperino and Suja A. Thomas show in Unequal that our assumptions are wrong. Over the course of the last half century, employment discrimination claims have come to operate in a fundamentally different legal system than other claims. It is in many respects a parallel universe, one in which the legal system systematically favors employers over employees. A host of procedural, evidentiary, and substantive mechanisms serve as barriers for employees, making it extremely difficult for them to access the courts. Moreover, these mechanisms make it fairly easy for judges to dismiss a case prior to trial. Americans are unaware of how the system operates partly because they think that race and gender discrimination are in the process of fading away. But such discrimination still happens in the workplace, and workers now have little recourse to fight it legally. By tracing the modern history of employment discrimination, Sperino and Thomas provide an authoritative account of how our legal system evolved into an institution that is inherently biased against workers making rights claims.
Download or read book Extraterritorial Employment Standards of the United States written by James M. Zimmerman and published by Praeger. This book was released on 1992-03-23 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprises a review of federal laws where the application to the overseas workplace has been specifically raised by Congress, the Courts or the executive branch. Examines enforcement of internationally recognized workers' rights and the application of employment standards to citizens employed abroad.
Download or read book Discrimination at Work written by Marie Mercat-Bruns and published by Univ of California Press. This book was released on 2016-02-22 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consists of interviews with American professors.
Download or read book Labor Law Series written by and published by . This book was released on 1990 with total page 1458 pages. Available in PDF, EPUB and Kindle. Book excerpt: Petitions and briefs filed with the U.S. Supreme Court.
Download or read book International Human Resource Management written by Dennis R. Briscoe and published by Routledge. This book was released on 2012 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: An ideal foundation text for international human resource management, this text represents most of what is currently known or experienced within the field. This edition includes key terms, learning objectives, discussion questions and an end-of-book integrative case.
Download or read book International Human Resource Management written by Ibraiz Tarique and published by Routledge. This book was released on 2015-08-11 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thoroughly updated and expanded, the fifth edition of International Human Resource Management focuses on international human resource management (IHRM) within multinational enterprises (MNEs). The book has been designed to lead readers through all of the key topics of IHRM in a highly engaging and approachable way. In addition to the key topics and rich pedagogy students have come to expect, chapters have been updated, including an expanded chapter on Comparative and National Culture. Uncovering precisely why IHRM is important for success in international business, and how IHRM policies and practices function within the multinational enterprise, this comprehensive textbook provides an outstanding foundation for understanding the theory and practice of IHRM. It is essential reading for all students, instructors, and IHRM professionals. Instructor resources can be found at http://routledgetextbooks.com/textbooks/_author/globalhrm/
Download or read book Anti discrimination Legislation in the American States written by William Brooke Graves and published by . This book was released on 1948 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Cross border Human Resources Labor and Employment Issues written by Andrew P. Morriss and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 1026 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important theme was the focus of New York University's 54th Annual Conference on Labor and Employment Law. This highly significant book reprints the papers presented at the 54th Conference, with several additional papers. In its pages more than 40 noted labor and employment experts from a diverse range of countries and disciplines offer penetrating analyses of developments and trends in such areas as the following: - Regulation of immigrant labor; - legal issues facing undocumented workers; - labor markets in border regions; - guest worker programs; - extraterritorial applications of U.S.
Download or read book Global Labor and Employment Law for the Practicing Lawyer written by Samuel Estreicher and published by Kluwer Law International B.V.. This book was released on 2010-09-28 with total page 888 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recognition of the growing importance of global labour and employment law, the Center for Labor and Employment Law at New York University School of Law dedicated its 61st Annual Conference on Labor to an in-depth examination of issues arising in this area. This volume of the proceedings of the 2008 conference contains papers presented at that meeting, all here updated to reflect recent developments, as well as additional contributions from other practitioners and academics with extensive knowledge and experience in the field. Experts from both the practicing bar and academia – twenty-seven in all – use their unique strengths to address issues worthy of concern in each juridical realm. An unusual feature of this volume in the series is its in-depth attention to comparative law in the field, with exploration of developments in China, France, and New Zealand, as well as in European Union law. As always, this annual conference captures valuable insights and syntheses of central labour and employment law issues and will be of great value to practitioners and academics in the field.
Download or read book International Human Resource Management written by Dennis Briscoe and published by Routledge. This book was released on 2009-06-02 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essential book provides a thorough foundation for anyone studying or working in international human resource management. Featuring data and examples from international business, consulting practice, academic research, and interviews with IHRM managers in multinational and global organizations, it covers almost everything that is currently known in the field. The approach offers both a theoretical and practical treatment of this important and evolving area, relying heavily on the authors’ varied and international backgrounds. Thoroughly updated and revised, this third edition includes learning objectives, key terms, discussion questions, and end-of-chapter vignettes for application of the ideas in the text. It is designed to lead readers through all of the key topics in a highly engaging and approachable way. The language is very ‘reader-friendly’ and it is global in scope and examples. The book focuses on IHRM within multinational enterprises (MNEs) from throughout the world, featuring topics including: globalization of business and HRM global strategy and structure global HR planning and forecasting global talent management global training and management development global compensation and benefits global employee performance management new trends in international HRM. Uncovering precisely why IHRM is important for success, this outstanding textbook provides an essential foundation for an understanding of the theory and practice of IHRM. It is essential reading for all students, lecturers and IHRM professionals.
Download or read book Cases and Materials on Employment Discrimination written by Charles A. Sullivan and published by Aspen Publishing. This book was released on 2021-09-14 with total page 1116 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. The Tenth Edition of the best-selling Cases and Materials on Employment Discrimination welcomes a new co-author, Stephanie Bornstein, whose contributions are reflected throughout. Like earlier editions, the tenth edition blends cases, notes, and problems into an integrated pedagogy that balances scholarly and practice perspectives. The authors build a conceptual framework for understanding how discrimination is defined in theory and proven in litigation. The text allows professors to explore particular interests more deeply and permits them to contrast a litigation approach with compliance, investigation, and counseling perspectives characteristic of modern employment law practice. The broad coverage integrates scholarship with legal doctrine. The useful Statutory Supplement is available for separate purchase. New to the Tenth Edition: Bostock v. Clayton County (prohibiting sexual orientation and gender identity discrimination as discrimination “because of sex”) Our Lady of Guadalupe School v. Morrisey-Berru (expanding Title VII’s “ministerial exception”) Comcast Corp. v. Nat’l Ass’n of African American Owned Media (holding no mixed motive proof allowed under Section 1981) Expanded discussion of causation in the wake of Bostock, including Comcast and Babb v. Wilkie (on federal sector ADEA claims) Expanded and updated materials on Critical Race Theory Expanded and updated materials on gender discrimination and sex stereotyping, including sexual orientation, gender identity, and caregiver discrimination Expanded coverage of pay discrimination and the Equal Pay Act Professors and student will benefit from: An integrated pedagogy that balances scholarly and practice perspectives A conceptual framework that shows how discrimination is defined and proven in litigation A design that allows teachers to shift between litigation approaches and compliance, investigation, and counseling perspectives Integration of scholarship with legal doctrine
Download or read book The Anti Bottleneck Principle in Employment Discrimination Law written by Joseph Fishkin and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: State legislatures and the Equal Opportunity Employment Commission (EEOC) have moved in parallel in recent years to provide new protections for the employment prospects of some surprising groups: people who are unemployed, people who have poor credit, and people with past criminal convictions. These new protections confound our usual theories of what antidiscrimination law is about. These groups are disanalogous in a variety of respects to groups defined by such characteristics as race, sex, and national origin. But the legislators and regulators enacting these new protections were responding to pervasive problems they observed in the opportunity structure of our society -- problems of a particular kind that I call bottlenecks. Essentially, these legal actors judged that poor credit, unemployment, and past criminal convictions were having too outsized an effect on a person's employment prospects. If many or most employers demand good credit, then good credit becomes a serious bottleneck: a narrow place through which workers must pass to reach a wide range of opportunities on the other side. This Article argues that the anti-bottleneck principle -- the principle that the law ought to ameliorate severe bottlenecks in the opportunity structure where it can feasibly do so -- is not only a way of understanding these new, cutting-edge protections, but also a way of understanding much of the project of Title VII and our existing body of antidiscrimination law. This Article explores the role the anti-bottleneck principle plays in legislators' decisions to enact antidiscrimination laws and in decisions by judges and by the EEOC about how to interpret and enforce such laws. The Article argues that the anti-bottleneck idea is at the heart of both disparate treatment law and disparate impact law -- and that it should cause us to think differently about the function of disparate impact law. The EEOC lawyers who started down the path that led to Griggs v. Duke Power understood that general ability tests were becoming a major bottleneck in the opportunity structure. By limiting the use of those tests, Griggs ameliorated a bottleneck that had arbitrarily constrained the opportunities of many whites as well as blacks. Finally, turning from the positive to the normative, this Article defends the central -- if previously unacknowledged -- role that the anti-bottleneck principle plays in our law of equal employment opportunity. It is a profound challenge for any legal system to promote “equal opportunity” in a world of pervasive difference and inequality, where the mechanisms that perpetuate inequality shift over time. The anti-bottleneck principle turns out to be a strong and surprisingly practical response to these challenges.
Download or read book Labour and Employment Compliance in the United States written by Andrew J. Boling and published by Kluwer Law International B.V.. This book was released on 2018-09-24 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: Detailed attention to compliance with labour and employment laws is crucial for success in setting up business in a foreign country. This book – one of a series derived from Kluwer's matchless publication International Labour and Employment Compliance Handbook – focuses on the relevant laws and regulations in the United States. It is thoroughly practical in orientation. Employers and their counsel can be assured that it ful?lls the need for accurate and detailed knowledge of laws in the United States on all aspects of employment, from recruiting to termination, working conditions, compensation and bene?ts to collective bargaining. The volume proceeds in a logical sequence through such topics as the following: - written and oral contracts - interviewing and screening - evaluations and warnings - severance pay - reductions in force - temporary workers - trade union rights - wage and hour laws - employee bene?ts - workers' compensation - safety and environmental regulations - immigration law compliance - restrictive covenants - anti-discrimination laws - employee privacy rights - dispute resolution - recordkeeping requirements A wealth of practical features such as checklists of do's and don'ts, step-by-step compliance measures, applicable ?nes and penalties, and much more contribute to the book's day-to-day usefulness. Easy to understand for lawyers and non-lawyers alike, this book is sure to be welcomed by business executives and human resources professionals, as well as by corporate counsel and business lawyers.
Download or read book Complying with the Labor and Employment Laws of the NAFTA Countries written by and published by . This book was released on 2003 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:
