Downsizing: an overview of legal considerations
Article Abstract:
Employees have some protection from downsizing of their firms if the downsizing contravenes employee rights protected by federal or state labor laws. Special attention must be given to the selection methods used for downsizing since the practice can affect large numbers of workers and this increases liability. The National Labor Relations Act, the Labor Management Relations Act, the Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act are among the federal laws which might be applicable.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1992
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The Civil Rights Act of 1991: did it really overturn Wards Cove?
Article Abstract:
The Civil Rights Act of 1991 expands causes of action for intentional bias to those based on sex, religion, or disability but leaves the Wards Cove v Atonio ruling almost completely intact. The plaintiff has the same burden for making a prima facie case. 'Business necessity' and 'job relatedness' are treated so vaguely that they still must be defined by the courts. The Act gives only a little help to the plaintiff by giving employers the burden of persuasion once the prima facie case has been made.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1992
User Contributions:
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