University of Memphis Law Review, The

Gross V. Fbl Financial Services-Oh so Gross!*

[...] Congress should take positive steps to ensure that our civil rights and employment laws protect all American workers.

Ricci V. Destefano: Does It Herald an 'Evil Day,' or Does It Lack 'Staying Power'?

Employers who take such steps should enjoy substantial protection from liability in both conventional and "reverse" discrimination suits. [...] Ricci creates a strong-basis-in-evidence defense for employers who decide, even after administering and scoring tests, to discard test results that have an unjustified adverse impact. [...] despite Justice Scalia' s constitutional concerns, Ricci does not purport to overturn the decades of case law and two congressional amendments that establish the...

A 'Person Aggrieved': Who May Sue Under Title Vii?

[...] section 704(a) of Title VLT, the antiretaliation provision, takes a narrow approach, banning an employer from taking retaliatory action against an employee for engaging in protected conduct and limiting the definition of a violation to situations where 'Tie has opposed any [unlawful employment practice or] . . . he has made a charge [of discrimination]. 251 The key issue is whether the applicant was being treated adversely for reasons prohibited by Title VLT, regardless of whether or n...

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

[...] relying on congressional intent, the Supreme Court has pronounced that federal law exclusively occupies the field of collective bargaining in the private sector.5 Therefore, because a claim for time spent in activities covered by a collective bargaining agreement under section 3(o) necessarily involves reference to the collective bargaining agreement, a state law that provides differently must yield to section 301 of the Labor Management Relations Act.6 Second, the purposes and objectiv...