The Japan-United States FCN treaty and Title VII: the treaty trumps the statute
Article Abstract:
Japanese companies in the US who discriminate on the basis of national origin are not subject to Civil Rights Act of 1964 discrimination clauses because the 1953 Treaty of Friendship, Commerce and Navigation between the United States and Japan (FCN) takes precedence over the Act. FCN includes a provision allowing companies of both countries to choose their specialist employees, precluding national origin discrimination suits because the Constitution makes treaty provisions supreme unless specifically changed by Congress.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1995
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The influence of the Rutan decision on civil service patronage
Article Abstract:
Rutan v Republican Party added job decisions based on political patronage to the list of illegal employment discrimination practices. The Supreme Court made it clear that political discrimination was a First Amendment violation, but it did not intend to mandate a kind of Civil Service tenure for governments. Following standard operating procedures, such as providing sufficient notice of exams and remaining within time limits for temporary jobs, should assure governments that they are following the Rutan decision.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1992
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The 180/300 day Title VII filing requirement: the effects of National Railroad Passenger Corp. v. Morgan
Article Abstract:
In National Railroad Passenger Corp. v. Morgan, the US Supreme Court considered the question of the time bar for employment discrimination claims made to the Equal Employment Opportunity Commission. The Court decided that only in the case of claims of hostile work environments could the EEOC consider incidents which fell outside the time limitations, as long as the claims included incidents falling within the limits. The possible effects of this decision are discussed.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 2003
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