In this article, Abigail Crabtree discusses the circuit split concerning whether an employee’s private remedy under Title IX is preempted by a Title VII claim in an educational setting.
In this article, Parker Herren discusses how the ruling in Groff v. Dejoy may impact the future of employment discrimination cases regarding DEI initiatives.
In this article, Megan VanGilder discusses the growing circuit split over the proper causation standard for retaliation claims under the FMLA, breaking down the basis for the courts’ disagreements. In unraveling these issues, VanGilder argues that the Supreme Court should resolve the split and provide clear guidance for both the lower courts and litigants in these cases.
Got Non-Dairy Milk? Dunkin’ Donuts is facing a class action lawsuit where plaintiffs allege that their upcharge for non-dairy milk alternatives constitutes discrimination under the ADA. This article explores the legal arguments the parties raise in their initial pleadings, ranging from personal jurisdiction to the ADA’s definition of disability.
In this article, Ellen Whitehair examines breach of contract claims brought by workers that were hired to work remotely terminated after refusing to return to office. Specifically, this article examines areas of employment and contract law that impact the efficacy of such claims. The article concludes by advising both employees and employers of their options when considering a productive path forward post-pandemic.
In this article, Cecilia Giles discusses how the NLRB’s classification of the Dartmouth men’s basketball team as employees could adversely impact international students. Giles argues that Congress should reconsider the limitations of the F-1 visa to accommodate international students.
Audrey Rotman discusses the legal implications of the United Auto Workers strike against the Big Three automakers and what legal remedies and solutions exist for both the union and employers
Colleen Brugger explores the NLRB’s recent decision to invalidate the use of non-disparagement clauses in severance agreements. However, is the decision truly a get-out-of-jail-free card for former employees’ exercise of the First Amendment?
Caroline Hardig discusses student athletes’ battle with the NCAA over employee status in a new case, Johnson v. NCAA, which could create a circuit split.
Amazon has had a dynamic past few years, with phenomenal growth to become the United States’ second-largest private employer. However, in the face of widespread concern about employee safety, which has spawned both unionization and fines from OSHA, could there be a bug in Amazon’s system? Associate Member Colleen Brugger explores this question in her first article for the UC Law Review Blog.
