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Cornell Study on Labor Law: When Rules Are Made to Be Broken: The Case of Sexual Harassment Law

the Cornell Institute for Hospitality Labor and Employment Relations | January 23, 2017

Ithaca, NY, January 23, 2017 - Courts across the United States are in a potentially awkward position when they are presented with employers' summary judgment motions relating to sexual harassment. As explained in a new Cornell report, judges often have to choose between following legal precedent or breaking the rule established by the Supreme Court. As explained in the report, "When Rules Are Made to Be Broken: The Case of Sexual Harassment Law," by David Sherwyn, Nicholas F. Menillo, and Zev J. Eigen, the courts often choose to break the rules. Sherwyn is a professor of law at the Cornell School of Hotel Administration and director of ...

Cornell Study Puts Retaliation Claims in a Class by Themselves

the Cornell Institute for Hospitality Labor and Employment Relations | September 7, 2016

Ithaca, NY, September 7, 2016 - While it is unlawful for race, color, national origin, sex, or religion ever to motivate an employer's personnel decisions, age, disability, and retaliation must at the moment be "but for" causes to be actionable. A proposed federal bill would make motivation the standard across the board. A new analysis from the Cornell Institute for Hospitality Labor and Employment Relations (CIHLER) argues that retaliation is in a class by itself and should not have the same status as other discrimination causes. The report, "Experimental Evidence that Retaliation Claims Are Unlike Other Employment Discrimination Claim...

Cornell Analysis Finds Confusion in Recent Supreme Court Employment Decisions

the Cornell Institute for Hospitality Labor and Employment Relations | November 6, 2015

Ithaca, NY, November 6, 2015 – Two recent holdings by the U.S. Supreme Court have been hailed as "victories" for employees seeking personal accommodations under civil rights law. However, a new analysis from the Cornell Institute for Hospitality Labor and Employment Relations (CIHLER) finds little real change—along with considerable confusion—regarding the Court's actual holding. The analysis, "The United States Supreme Court Rules in Favor of Employees in the Young and Abercrombie Cases: What Do They Really Hold?," is written by David Sherwyn and David B. Ritter. Sherwyn is the John and Melissa...

Cornell Roundtable Focuses on Potential Model Union Contract

The Cornell Institute for Hospitality Labor and Employment Relations | May 20, 2015

Ithaca, NY, May 20, 2015 - Work rules in union contracts were a key focus of the roundtable produced this year by the Cornell Institute for Hospitality Labor & Employment Relations (CIHLER). As explained by roundtable chair David Sherwyn, the 2015 Labor and Management Roundtable could be considered a historic entry in the roundtable series. He said: "For the first time in the 15 years that the School of Hotel Administration (SHA) has been hosting roundtables, this April 20, 2015, event included participants from both unions and management. This led to a cooperative and constructive discussion of how to improve labor contracts." A pr...

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