*Macy Hamlett I. Introduction The Sixth Circuit recently decided in Bivens v. Zep, Inc. that an employer cannot be held liable for third-party actions under Title VII of the Civil Rights Act of 1964 unless they “‘intend[ed]’ for the relevant unlawful ‘consequence.’”[1] The Bivens decision creates a new obstacle for employees to hold their employersContinue reading “When the Sixth Circuit Goes Rogue: Bivens v. Zep, Inc. and Title VII Confusion”
Tag Archives: Employment Law
Disability Accommodations: Only Workin’ 9–5?
*Melissa Bosley The Americans with Disabilities Act requires that employers make “reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual.”[1] At times, qualified individuals with disabilities may find physically commuting to the job site difficult. For example, an employee with a vision-distorting condition may require magnifying equipment to successfully completeContinue reading “Disability Accommodations: Only Workin’ 9–5?”
Bad Financials or Pretextual Reasoning: Is the Closure of Unionizing Stores Illegal Union-Busting?
*Erin Turvey I. INTRODUCTION In 2021, American approval of labor unions reached the highest point since 1965.[1] During the first half of fiscal year (FY) 2022, union representation petitions[2] filed with the National Labor Relations Board (NLRB) increased by 57%.[3] Moreover, unions won more NLRB representation elections in the first half of FY 2022 thanContinue reading “Bad Financials or Pretextual Reasoning: Is the Closure of Unionizing Stores Illegal Union-Busting?”
Her Crown and Glory: CROWN Act Takes Effect in Maryland
*John Chase Among the new laws that took effect in Maryland on October 1, 2020, the CROWN Act intends to end employer discrimination arising from traditionally African-American hairstyles.[1] California was the first state to pass similar legislation in 2019, and Maryland is the latest in joining five others that have followed suit.[2] At the federalContinue reading “Her Crown and Glory: CROWN Act Takes Effect in Maryland”
Police Unions, Labor Law, and Reform: Collectively Bargaining Away Public Policy Decisions and Individual Constitutional Rights
*Patrick Brooks Police unions are the single greatest obstacle to long overdue policing reform in the United States, which has been vehemently demanded in recent months.[1] Roughly thirty-three states provide collective bargaining rights to law enforcement through statutes informed by the National Labor Relations Act (NLRA).[2] Under the NLRA, and most state statutes, collective bargainingContinue reading “Police Unions, Labor Law, and Reform: Collectively Bargaining Away Public Policy Decisions and Individual Constitutional Rights”
University of Baltimore Law Review 