LEGAL PITFALLS OF DOWNSIZING

被引:9
作者
LEE, BA
机构
关键词
D O I
10.1016/1053-4822(95)90005-5
中图分类号
C93 [管理学];
学科分类号
12 ; 1201 ; 1202 ; 120202 ;
摘要
This article analyzes 120 federal appellate court opinions fried between 1990 and June 30, 1994 in which a plaintiff alleged that age discrimination motivated his or her termination during a reduction in force. Employers prevailed in 63 percent of these cases, either through a pretrial summary judgment award or on the merits. The impact of two recent U.S. Supreme Court opinions on the outcomes of these cases, the plaintiff's limited right to a jury, and the courts' analysis of employers' justifications for terminating plaintiffs are discussed. The article also reviews judicial response to the use of arbitration clauses in employment contracts that preclude litigation of discrimination claims.
引用
收藏
页码:1 / 23
页数:23
相关论文
共 25 条
[1]  
ALIOTTA JM, 1988, JUDICATURE, V71, P277
[3]  
BOMPEY SH, 1993, EMPLOYEE REL LJ, V19, P197
[4]  
BURNS CB, 1989, TEX TECH L REV, V20, P841
[5]  
CASCIO WF, 1993, EXECUTIVE, V7, P95
[6]  
CAVALIERE FJ, 1993, LABOR LAW J, V44, P664
[7]  
CUNDIFF VA, 1993, EMPLOYEE RELATIONS L, V19, P147
[8]  
ESTREICHER S, 1990, CHI KENT L REV, V66, P753
[9]   THE AGE-DISCRIMINATION IN EMPLOYMENT ACT OF 1967 AND TRIAL BY JURY - PROPOSALS FOR CHANGE [J].
FAYSSOUX, KK .
VIRGINIA LAW REVIEW, 1987, 73 (03) :601-630
[10]  
*GEN ACC OFF, 1994, EMPL DISCR REG REPR