Labor and Employment Law News - December 2010

Labor and the Law: News and Current Events from the
LERA Section on Labor and Employment Law (LEL)
© 2010

December 2010
Labor and Employment Law News

LERA Labor and Employment Law Section Meeting -January 7, 2011, 12:30- 2:15 pm

http://www.lera.illinois.edu/meetings/annual/2011/program.asp

            Elections for new Board members will be held at the LEL Section business meeting at the 2011 Denver LERA conference. The election will be followed by a panel presentation and discussion.

            The nominee for Secretary-Treasurer is Sharon Hermes

            The nominees for the Board are:

            If elected, they will join the following Section Officers and Board Members.

Panel: Labor & Employment Law Update: What's New? What's in the Pipeline? What Matters?

Chair: Ellen Dannin, Pennsylvania State University

Panelists:

• Deborah Thompson Eisenberg, University of Maryland—Unemployment Benefits
• Raja Raghunath, University of Denver—Collectively Bargained Health Care
• Robert Covington, Vanderbilt University—Workplace Health and Safety
• Jane Korn, University of Arizona—The Americans with Disabilities Act and the  Americans with Disabilities Act Amendments Act of 2008

~~~

The full text of many cases is now available free on-line. Where that is the case, links are provided.

Injuries by Contractor Employees to Another Contractor’s Employees

            Workers compensation is founded on a few basic principles.  First, an employee gives up the right to sue her employer for workplace injuries in exchange for receiving assured but lower benefits.  Second, an employer gives up defenses to a lawsuit in exchange for paying a lower sum.  Third, workers compensation is the exclusive remedy for employees injured on the job.  However, this bargain becomes more complicated in the case of contractor employees.  The increasing use of contractor employees means that workers compensation exceptions will apply to more on-the-job injuries.

            A recent case involving employees who worked for various National Park Service contractors provides an example of an injured worker who could sue for compensation.  The plaintiff, Guzman, was employed by Fedcap as a custodian assigned to work at the Statue of Liberty.  The Statue of Liberty and Liberty Island are owned and operated by the United States of America.  Guzman was injured while cleaning an x-ray machine that was used for security at the Statue of Liberty and operated by contractor Wackenhut’s employees.  Because Guzman suing a contractor, rather than her own employer, for the injury, her lawsuit against Wackenhut for her injuries was not barred by workers compensation exclusivity.  The court’s decision discusses New York law on the duty of care owed to someone in Guzman’s position. Guzman v. Wackenhut Corp., Case No.09-5110-cv ((2d Cir. Oct. 1, 2010) http://courtlistener.com/ca2/UrM/guzman-v-united-states/

Who All Is the Employer?

            The complex forms under which many employers operate can present challenges for anyone with a legal claim. It is obviously important not to sue the wrong employer.  Complex owner relationships make it more difficult to identify who all falls under the definition of employer.  That information is necessary in order to sue the correct employer, to sue in the correct court, and also to be assured of damages if the case is proved.  One tool that can be useful in this quest is discovery.  Parties to a lawsuit can use discovery to gain access to important information that is in the control of other parties and people.  A recent court decision discusses why a waitress suing for sexual harassment by her manager could use discovery to learn about the employer’s management structure and identify potential defendants.  Carr v. Double T Diner, Case No.WMN-10-CV-0230 (D. Md.  Nov. 2, 2010).

Employer Intent and Objectionable Conduct Related to NLRB Elections

            NLRB elections are supposed to be conducted under “laboratory conditions”, which means “conditions as nearly ideal as possible for determining the uninhibited desires of employees.  When, however, the required conditions are not present, the election must be re-run.  The finding that laboratory conditions did not exist does not require finding that a party was at fault.  This issue was discussed in a recent NLRB decertification election case.  The employer had computer problems that affected pay in the period leading up to the election.  Deductions that were much higher than normal were taken from employee paychecks issued on the day the election was held.  Those deductions were between about 16-39 % of the employees' take-home pay.  The employer gave employees no explanation as to the reasons for the increases. Employees were very angry about the pay problems and blamed the union for them.  The election was very close- 22 for union representation and 25 against.  Fred Meyer Stores Inc.,  355 NLRB No. 93 (Aug. 18, 2010) http://www.nlrb.gov/shared_files/Board%20Decisions/355/v35593.pdf

            The Board held that even though the election-day deductions were not intended to influence the election, the election, nonetheless, should be set aside because a free and fair election did not take place.  The Board said, “We find that, under these circumstances, reasonable employees would be upset by unexplained paycheck deductions of this size, and some would blame the Union. Although the test is an objective one, our conclusion that reasonable employees would be upset in this situation is supported by the evidence that the deductions caused widespread consternation and hardship and that some employees were angry at the Union.” The Board also concluded that “a change in just a few votes would have resulted in a different outcome.”

Web Links

Department of Labor,  Employee Benefits Security Administration, Frequently Asked Questions about Pensions And Retirement, Health,   http://www.dol.gov/ebsa/faqs/main.html

Department of Labor, America's Heroes at Work - Hiring Veterans: A Step-by-Step Toolkit http://www.americasheroesatwork.gov/forEmployers/HiringToolkit

BLS Office of Publications & Special Studies, Program Perspectives on Fee-For-Service Plans October 2010 http://www.bls.gov/opub/perspectives/program_perspectives_vol2_issue5.pdf

CEPR Deficit Calculator  http://www.cepr.net/calculators/calc_deficit.html

Public Spending on Transportation and Water Infrastructure November 2010 http://www.cbo.gov/ftpdocs/119xx/doc11940/11-17-Infrastructure.pdf

http://www.cbo.gov/doc.cfm?index=11940

Maria Heidkamp, Nicole Corre, and Carl E. Van Horn, The “New Unemployables”: Older Job Seekers Struggle to Find Work During the Great Recession ( Sloan Center on Aging and Work at Boston College, John J. Heldrich Center for Workforce Development, Issue Brief 25), Nov 16, 2010

Partnership for Public Service, Beneath the Surface: Understanding Attrition at Your Agency and Why It Matters  http://www.ourpublicservice.org/OPS/publications/viewcontentdetails.php?id=151

Partnership for Public Service, Closing the Gap: Seven Obstacles to a First-Class Federal Workforce http://ourpublicservice.org/OPS/publications/download.php?id=147

DOL, Bureau of Labor Statistics, Program Perspectives on Fee-For-Service Plans October 2010 http://www.bls.gov/opub/perspectives/program_perspectives_vol2_issue5.pdf

Sylvia Allegretto and Devon Lynch, The composition of the unemployed and long–term unemployed in tough labor markets, Monthly Labor Review October 2010 http://www.bls.gov/opub/mlr/2010/10/art1full.pdf

H. Stephen Kaye, The impact of the 2007–09 recession on workers with disabilities, Monthly Labor Review October 2010 http://www.bls.gov/opub/mlr/2010/10/art2full.pdf

Douglas Kruse, Lisa Schur, and Mohammad Ali, Disability and occupational projections, Monthly Labor Review October 2010 http://www.bls.gov/opub/mlr/2010/10/art3exc.htm    

EBRI, The Impact of Auto-enrollment and Automatic Contribution Escalation on Retirement Income Adequacy Issue Brief #349  November 2010 http://www.ebri.org/pdf/briefspdf/EBRI_IB_011-2010_No349_EBRI_DCIIA.pdf

EBRI, Retirement Plan Participation: Survey of Income and Program Participation (SIPP) Data, 2009, Variation in Public Opinion About Health Reform, by Plan Type: Findings from the 2010 EBRI/MGA Consumer Engagement in Health Care Survey November 2010 http://www.ebri.org/pdf/notespdf/EBRI_Notes_Nov10_RetPart_HCS1.pdf

Lowering Miners' Exposure to Respirable Coal Mine Dust, Including Continuous Personal Dust Monitors - A Proposed Rule by the Mine Safety and Health Administration on 11/15/2010

http://edocket.access.gpo.gov/2010/2010-28676.htm (plain text)

http://www.federalregister.gov/articles/2010/11/15/2010-28676/lowering-miners-exposure-to-respirable-coal-mine-dust-including-continuous-personal-dust-monitors (interactive)

Working In These Times Blog  http://www.inthesetimes.com/working/

CEPR, False Sense of Urgency Over Changes to Social Security November 8, 2010 http://www.cepr.net/index.php/press-releases/press-releases/false-sense-of-urgency-over-changes-to-social-security

CEPR, Action on Social Security: The Urgent Need for Delay November 2010 http://www.cepr.net/documents/publications/ss-2010-11-1.pdf

Government Accountability Office, Social Security Reform: Raising the Retirement Ages Would Have Implications for Older Workers and SSA Disability Rolls GAO-11-125, November 18, 2010 http://www.gao.gov/new.items/d11125.pdf

Government Accountability Office, Private Pensions: Changes Needed to Better Protect Multiemployer Pension Benefits  GAO-11-79, October 18, 2010 http://www.gao.gov/new.items/d1179.pdf

Government Accountability Office, Pension Benefit Guaranty Corporation: Improvements Needed to Strengthen Governance Structure and Strategic Management GAO-11-182T, December 1, 2010 http://www.gao.gov/new.items/d11182t.pdf

Government Accountability Office, Personnel Security Clearances: Overall Progress Has Been Made to Reform the Governmentwide Security Clearance Process  GAO-11-232T, December 1, 2010 http://www.gao.gov/new.items/d11232t.pdf

Government Accountability Office, Personnel Security Clearances: Progress Has Been Made to Improve Timeliness but Continued Oversight Is Needed to Sustain Momentum  GAO-11-65, November 19, 2010 http://www.gao.gov/new.items/d1165.pdf

Recent Labor and Employment Law Articles

Philip Aka, et alia, Measuring the Impact of Political Ideology on the Adoption of English-only Laws in the United States, 13 Scholar 1 (2010)

Paula Ardelean, et alia, The Development of Employment Rights and Responsibilities from 1985 to 2010, 25 A.B.A. J. Lab. & Emp. L. 449 (2010)

Aditi Bagchi, The Myth of Equality in the Employment Relation, 2009 Mich. St. L. Rev. 579

Richard Bales & Kelli Ann Kleisinger, The Validity of the Two-Member NLRB, 6 Seton Hall Cir. Rev. 261 (2010)

Joanne Barken, Note: Judging GINA: Does the Genetic Information Nondiscrimination Act of 2008 Offer Adequate Protection? 75 Brook. L. Rev. 545 (2009)

Lourdes Beneria, Globalization, Women's Work, and Care Needs: The Urgency of Reconciliation Policies, 88 N.C. L. Rev. 1501 (2010)

Adam Benforado, Frames of Injustice: The Bias We Overlook, 85 Ind. L.J. 1333 (2010)

Deirdre Bowen, Brilliant Disguise: An Empirical Analysis of a Social Experiment Banning Affirmative Action, 85 Ind. L.J. 1197 (2010)

Janine Brodie, Globalization, Canadian Family Policy, and the Omissions of Neoliberalism, 88 N.C. L. Rev. 1559 (2010)

James Brudney, Collateral Conflict: Employer Claims of RICO Extortion Against Union Comprehensive Campaigns, 83 S. Cal. L. Rev. 731 (2010)

Janie Chuang, Achieving Accountability for Migrant Domestic Worker Abuse, 88 N.C. L. Rev. 1627 (2010)

Sarah Cole, Let the Grand Experiment Begin: Pyett Authorizes Arbitration of Unionized Employees' Statutory Discrimination Claims, 14 Lewis & Clark L. Rev. 861 (2010)

Timothy Coley, Contracts, Custom, and the Common Law: Towards a Renewed Prominence for Contract Law in American Wrongful Discharge Jurisprudence, 24 BYU J. Pub. L. 193 (2010)

Todd Collins, Is the Sum Greater than its Parts? Circuit Court Composition and Judicial Behavior in the Courts of Appeals, 32 Law & Pol'y 434 (2010)

Katlin Connelly, Recent Decision. Actions on the Basis of Race Are Impermissible under Title VII Unless the Employer Can Show a Strong Basis in Evidence That If Action Was Not Taken, the Employer Would Be Held Liable under the Disparate-Impact Statute, 48 Duq. L. Rev. 673 (2010)

Jeremy Cooney, The Availability of Preventative Rehabilitation Services for Children Engaged in Prostitution – CRC Article 34 and its Optional Protocol, 12 N.Y. City L. Rev. 521 (2009)

William Corbett, Babbling about Employment Discrimination Law: Does the Master Builder Understand the Blueprint for the Great Tower? 12 U. Pa. J. Bus. L. 683 (2010)

Jessica Curiale, Note: America's New Glass Ceiling: Unpaid Internships, the Fair Labor Standards Act, and the Urgent Need for Change. 61 Hastings L.J. 1531 (2010)

Joseph Daly, et alia, "Gray Touch": Professional Issues in the Uncertain Zone Between "Good Touch" and "Bad Touch", 11 Marq. Elder's Advisor 223 (2010)

Masen Davis & Kristina Wertz, When Laws Are Not Enough: A Study of the Economic Health of Transgender People and the Need for a Multidisciplinary Approach to Economic Justice, 8 Seattle J. for Soc. Just. 467 (2010)

Ruth Desmond, Comment: Consumer Credit Reports and Privacy in the Employment Context: The Fair Credit Reporting Act and the Equal Employment for All Act. 44 U.s.f.l. Rev. 907 -932 (2010)

Michael Duff, Labor Injunctions in Bankruptcy: The Norris-Laguardia Firewall, 2009 Mich. St. L. Rev. 669

Maxine Eichner, Families, Human Dignity, and State Support for Caretaking: Why the United States' Failure to Ameliorate the Work-family Conflict Is a Dereliction of the Government's Basic Responsibilities, 88 N.C. L. Rev. 1593 (2010)

Michael. Foreman, Gross v. FBL Financial Services – Oh So Gross! 40 U. Mem. L. Rev. 681 (2010)

Kelleen Forlizzi, Note: State Religious Freedom Restoration Acts as a Solution to the Free Exercise Problem of Religiously Based Refusals to Administer Health Care, 44 New Eng. L. Rev. 387 (2010),

Paul Galonsky, Disability, Health, and the Behavioral Risk Factor Surveillance System: Using Health Data to Inform Disability Policy in Delaware, 1 Wm. & Mary Pol'y Rev. 161 (2010)

Shannon Gleeson, Labor Rights for All? The Role of Undocumented Immigrant Status for Worker Claims Making, 35 Law & Soc. Inquiry 561 (2010)

Mark Glumac, Note: The Employee Free Choice Act: The Effect of Compulsory Interest Arbitration on Entrepreneurs, 5 Entrepren. Bus. L.J. 177 (2010)

Barry Goldstein & Patrick Patterson, Ricci v. Destefano: Does it Herald an "Evil Day," or Does it Lack "Staying Power"? 40 U. Mem. L. Rev. 705 (2010)

Jon Gould, et alia, A Refugee from Justice? Disparate Treatment in the Federal Court of Canada, 32 Law & Pol'y 454 (2010)

David Gray, A No-excuse Approach to Transitional Justice: Reparations as Tools of Extraordinary Justice, 87 Wash. U. L. Rev. 1043 (2010)

Tristin Green, Race and Sex in Organizing Work: "Diversity," Discrimination, and Integration, 59 Emory L.J. 585 (2010)

Joanna Grossman, Pregnancy, Work, and the Promise of Equal Citizenship, 98 Geo. L.J. 567 (2010)

Robert Haimes, Comment: Rescue Me? Should the Courts Come to the Aid of Quasi-firefighters: An Analysis of the Circuit Split Regarding How Broadly the Courts Should Read Section 203(y) of the Fair Labor Standards Act, 12 U. Pa. J. Bus. L. 899 (2010)

Roger Hartley, Freedom Not to Listen: A Constitutional Analysis of Compulsory Indoctrination Through Workplace Captive Audience Meetings, 31 Berkeley J. Emp. & Lab. L. 65 (2010)

Marybeth Herald, Situations, Frames, and Stereotypes: Cognitive Barriers on the Road to Nondiscrimination, 17 Mich. J. Gender & L. 39 (2010)

Christopher Hexter, et alia, Twenty-five Years of Developments in the Law under the National Labor Relations Act, 25 A.B.A. J. Lab. & Emp. L. 299 (2010)

Justin Hinton, Note: Employment Discrimination – In Vitro Fertilization and the Pregnancy Discrimination Act of 1978: How Far Can the Courts Expand the Coverage of the PDA to Protect Reproductive Technology? 32 U. Ark. Little Rock L. Rev. 515 (2010)

Laura Huey, A Social Movement for Privacy/against Surveillance? Some Difficulties in Engendering Mass Resistance in a Land of Twitter and Tweets, 42 Case W. Res. J. Int'l L. 699 (2010)

John Infranca, Safer than the Mattress? Protecting Social Security Benefits from Bank Freezes and Garnishments, 83 St. John's L. Rev. 1127 (2009)

Katherine Johnson, Note: Charting Infertility in the Workplace: An Analysis of Hall v. Nalco and the Seventh Circuit's Recognition of Sex Discrimination Based on in Vitro Fertilization, 59 Depaul L. Rev. 1283 (2010)

Sharone Jona, Note: For Better or Worse: Spouses Left Unprotected by the Anti-Retaliation Provision of Title VII, 15 Suffolk J. Trial & App. Advoc. 289 (2010)

John Kemp, Note: Private Military Firms and Responses to Their Accountability Gap. 32 Wash. U. J.L. & Pol'y 489 (2010)

Elizabeth Kennedy, The Invisible Corner: Expanding Workplace Rights for Female Day Laborers, 31 Berkeley J. Emp. & Lab. L. 126 (2010)

Abigail Kline, Note: The Americans with Disabilities Act Amendments Act: Surpassing the "Economically Significant" Threshold, 5 Entrepren. Bus. L.J. 251 (2010)

Heather Kolinsky, Respecting Working Mothers with Infant Children: The Need for Increased Federal Intervention to Develop, Protect, and Support a Breastfeeding Culture in the United States, 17 Duke J. Gender L. & Pol'y 333 (2010)

Kimberly Krawiec, A Woman's Worth, 88 N.C. L. Rev. 1739 (2010)

Ronald Krotoszynski, The Argot of Equality: on the Importance of Disentangling "Diversity" and "Remediation" as Justifications for Race-conscious Government Action, 87 Wash. U. L. Rev. 907 (2010)

Ariana Levinson, Legal Ethics in the Employment Law Context: Who Is the Client? 37 N. Ky. L. Rev. 1 (2010)

Catherine Lacroix, Urban Agriculture and Other Green Uses: Remaking the Shrinking City, 42 Urb. Law. 225 (2010)

Amy Lavine & Norman Oder, Urban Redevelopment Policy, Judicial Deference to Unaccountable Agencies, and Reality in Brooklyn's Atlantic Yards Project, 42 Urb. Law. 287 (2010)

Ernest Lidge, A "Person Aggrieved": Who May Sue under Title VII? 40 U. Mem. L. Rev. 797 (2010)

Michelle McKinley, Fractional Freedoms: Slavery, Legal Activism, and Ecclesiastical Courts in Colonial Lima, 1593-1689, 28 Law & Hist. Rev. 749 (2010)

Hajra Malik, Note: Raiding the American Workplace: Federal Preemption and States' Rights in Curbing Unlawful Alien Employment, 39 N.M. L. Rev. 577 (2009)

Lia Marino, Comment: ERISA Preemption --holding San Francisco Health Care Security Ordinance Not Preempted by ERISA, 6 J. Health & Biomed. L. 147 (2010)

Moshe Marvit, The Engquist Revolution: How the Supreme Court Affirmed Arbitrary Action in Public Employment, 1 Wm. & Mary Pol'y Rev. 121 (2010)

Lukas Knott, Unocal Revisited: on the Difference Between Slavery and Forced Labor in International Law, 28 Wis. Int'l L.J. 201 (2010)

Azhar Majeed, Putting the Money Where Their Mouth Is: The Case for Denying Qualified Immunity to University Administrators for Violating Students' Speech Rights, 8 Cardozo Pub. L. Pol'y & Ethics J. 515 (2010)

Hilary Mattis, Comment: California's Survivors of Domestic Violence Employment Leave Act: The Twenty-five Employee Minimum Is Not a Good Rule of Thumb, 50 Santa Clara L. Rev. 1319 (2010)

Jason Miller, The Unwise and Unconstitutional Hatch Act: Why State and Local Government Employees Should Be Free to Run for Public Office, 34 S. Ill. U. L.J. 313 (2010)

Jenna Moran, Student Article. Independent Contractor or Employee? Misclassification of Workers and its Effect on the State, 28 Buff. Pub. Interest L.J. 105 (2009-2010)

Matt Mullarkey, Note: For the Love of the Game: A Historical Analysis and Defense of Final Offer Arbitration in Major League Baseball, 9 Va. Sports & Ent. L.J. 234 (2010)

Gustavo Otalvora,with the Public Employer Provision of the Ohio Patriot Act, 2010 U. Ill. L. Rev. 1303

Panel: Julie Greenberg, Marybeth Herald & Mark Strasser,, Beyond the Binary: What Can Feminists Learn from Intersex and Transgender Jurisprudence, 17 Mich. J. Gender & L. 13 (2010)

Shannon Portillo, How Race, Sex, and Age Frame the Use of Authority by Local Government Officials, 35 Law & Soc. Inquiry 603 (2010)

Michelle Quigley, Comment: Fired for Wanting a Child: Why Infertility Treatment Is Within the Scope of the Pregnancy Discrimination Act, 2009 Mich. St. L. Rev. 755

Sharon Rabin-Margalioth, The Market Defense 12 U. Pa. J. Bus. L. 807 (2010)

Danielle Ravencraft, Note: Why the "New ADA" Requires an Individualized Inquiry as to What Qualifies as a "Major Life Activity", 37 N. Ky. L. Rev. 441 (2010)

Meredith Render, Gender Rules, 22 Yale J.L. & Feminism 133 (2010)

Julius Redd, Note: Liberty's Irony: A Path to Liberation via the Worst Forms of Child Labour Convention? 11 Rutgers Race & L. Rev. 368 (2010)

Kerry Rittich, Families on the Edge: Governing Home and Work in a Globalized Economy, 88 N.C. L. Rev. 1527 (2010)

Brishen Rogers, Toward Third-party Liability for Wage Theft, 31 Berkeley J. Emp. & Lab. L. 1 (2010)

Theodore St. Antoine, ADR in Labor and Employment Law During the past Quarter Century, 25 A.B.A. J. Lab. & Emp. L. 411 (2010)

Leah Schmalzbauer, Disruptions, Dislocations, and Inequalities: Transnational Latino/a Families Surviving the Global Economy, 88 N.C. L. Rev. 1857 (2010)

Kelly Schoening & Kelli Kleisinger, Off-Duty Privacy: How Far Can Employers Go? 37 N. Ky. L. Rev. 287 (2010)

Peter Shapiro, Comment: Union Shops, Not Border Stops: Updating NLRB Sanctions to Help Organize Immigrant Workers, 78 Geo. Wash. L. Rev. 1069 (2010)

Sandra Sperino, A Modern Theory of Direct Corporate Liability for Title VII, 61 Ala. L. Rev. 773 (2010)

Navah Spero, Note: Transgendered Plaintiffs in Title VII Suits: Why the Schroer v. Billington Approach Makes Sense, 9 Conn. Pub. Int. L.J. 387 (2010)

Mark Strasser, On Disguises, Tokens, and Affirmative Action Policies, 85 Ind. L.J. 1293 (2010)

Symposium: Accessing Justice in Hard Times: Lessons from the Field, Looking to the Future, 62 Me. L. Rev. 421 (2010)

Symposium: Problem-Solving Courts: A Conversation with the Experts, 10 U. Md. L.J. Race, Religion, Gender & Class 1 (2010)

Symposium: Globalization, Families and the State, 88 N.C. L. Rev. 1501 (2010)

Vanessa Waldref, The Alien Tort Statute after Sosa: A Viable Tool in the Campaign to End Child Labor? 31 Berkeley J. Emp. & Lab. L. 160 (2010)

Marley Weiss, International Labor and Employment Law: from Periphery to Core. 25 A.B.A. J. Lab. & Emp. L. 487 (2010)

Anna Wermuth & Jeremy Glenn, It's No Revolution: Long Standing Legal Principles Mandate the Preemption of State Laws in Conflict with Section 3(o) of the Fair Labor Standards Act, 40 U. Mem. L. Rev. 839 (2010)

Maurice, Wexler, et alia The Law of Employment Discrimination from 1985 to 2010, 25 A.B.A. J. Lab. & Emp. L. 349 (2010)

Taryn Williams, Comment: Outside the Lines: The Case for Socioeconomic Integration in Urban School Districts, 2010 BYU Educ. & L.J. 435

Carl Wohlleben, Note: E-verify, a Piece of the Puzzle Not a Brick in the Wall: Why All U.S. Employers Should Be Made to Use E-verify, Just Not Yet, 36 Rutgers Computer & Tech. L.J. 137 (2009)

Stephen Wood, et alia, The American Experience with Age Discrimination Through the Lens of Nine Supreme Court Cases (2004-2009)., 58 Am. J. Comp. L. 377(2010)