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The Ministerial Exception of the First Amendment: Employment Discrimination and Religious Organizations

Description: This report analyzes the history and constitutional bases for the ministerial exception and examines selected statutory provisions reflecting its protections under federal employment laws. The report examines the distinction between the constitutional and statutory protections for religious organizations and addresses critical questions involved in judicial consideration of the ministerial exception. It analyzes which employees may qualify as ministerial, the extent to which courts may defer to religious entities claiming the exception, and whether the exception may apply to any claim brought against a religious entity.
Date: December 10, 2014
Creator: Brown, Cynthia
Partner: UNT Libraries Government Documents Department

The Age Discrimination in Employment Act and Disparate Impact Claims: An Analysis of the Supreme Court’s Ruling in Smith v. City of Jackson

Description: This report discusses Smith v. City of Jackson, a recent case in which the Supreme Court held that workers may sue employers under the Age Discrimination in Employment Act (ADEA) for workplace policies that have an adverse impact on older employees, even if the discriminatory effects are not intentional.
Date: June 20, 2005
Creator: Dale, Charles V. & Feder, Jody
Partner: UNT Libraries Government Documents Department

Older Displaced Workers in the Context of an Aging and Slowly Growing Population

Description: This report analyzes the labor market experiences of those older workers who have involuntarily lost long-held jobs for reasons unrelated to their own performance (e.g., veteran factory workers at plants closed because of import competition, experienced information technology workers whose jobs have been outsourced to workers in other countries, and mid-level managers in positions eliminated through corporate restructuring). It examines current policies targeted at the reemployment of older displaced workers which, if successful, might lengthen their stay in the workforce.
Date: January 15, 2010
Creator: Levine, Linda
Partner: UNT Libraries Government Documents Department

Gender, jobs and geographic origin of Australian immigrants

Description: This thesis examines access to managerial jobs in the Australian labor market by immigrant women and men from five continents and five individual countries. Comparisons were not made only among both continent and country groups, but also between the women and men within each group, as a measure of occupational gender inequality.
Date: August 1999
Creator: Flanagan, Annette F.
Partner: UNT Libraries

Arbitration of racial discrimination in employment: an analysis of arbitrators' awards 1964-1975

Description: The purpose of this study is threefold: (1) to analyze grievance arbitration cases involving racial discrimination which occurred from 1964 to 1975; (2) to recommend guidelines suitable to the use of grievance arbitration in the settlement of racial-discrimination disputes; and (3) to predict trends regarding future utilization of grievance arbitration as a forum through which racial-discrimination victims can seek redress.
Date: August 1977
Creator: Nyanibo, Archibong I.
Partner: UNT Libraries

The Impact of EEO Legislation Upon Selection Procedures for Transfer, Training and Development and Promotion

Description: Legislation, court decisions, and the changing political and social climate provide evidence of the importance of the outcomes of EEO litigation involving challenged selection procedures for transfer, training and development, and promotion. These selection procedures are being challenged by more informed employees and, in many cases, result in costly litigation. Thus, organizations must be aware of the continuing developments in employment law especially as found in court decisions and related legislation. This study investigates judicial and EEOC decisions in discrimination cases to provide answers to these questions: Are organizations aware of the outcomes of EEO litigation involving challenged selection procedures for transfer, training and development, and promotion? Are organizations aware of what constitutes a discriminatory practice in the selection of employees for transfer, training and development, and promotion? Does management recognize and follow nondiscriminatory procedures in selecting personnel for transfer, training and development, and promotion? The purposes of the study are 1. To analyze outcomes of EEO litigation involving challenged selection procedures for transfer, training and development, and promotion; 2. To develop a model set of guidelines to aid organizations in developing nondiscriminatory procedures for use in selecting employees for transfer, training and development, and promotion. This study concludes that many employers are aware of the outcomes of EEO litigation involving challenged selection procedures for transfer, training and development, and promotion. Many employers are also aware of what constitutes a discriminatory practice in the selection of employees for some employment advantage. However, management does not always recognize and follow nondiscriminatory procedures when selecting employees for transfer, training and development, and promotion. The number of cases in which selection procedures were found discriminatory supports this conclusion.
Date: May 1985
Creator: Rach, Margaret M. (Margaret Mannion)
Partner: UNT Libraries

Minorities, gender, managerial jobs, and income, 1960-1990

Description: Changes in income and representation in managerial occupations is explored separately for women and men among the United States' eight largest race/ethnic minority groups for each decennial census of 1960, 1970, 1980 and 1990 to determine how much change has occurred between 1960 and 1990 in race and ethnic inequality, and in gender inequality within each race/ethnic group. Insights from gender theory are applied to minority group inequality and insights from minority group theory are applied to gender inequality with some degree of success. Economic change is uneven among the groups, with the largest specific change being the movement of women into managerial jobs. A clear pattern also emerged indicating that the higher the average representation of a minority group in managerial jobs, the greater the gap between women and men. The income of all persons with income, however, did not exhibit such a clear pattern across the different groups.
Date: August 2001
Creator: McDanel, Rodney A
Partner: UNT Libraries

Agency Enforcement of the Prohibition Against Sex Discrimination Mandated by Title IX and EO 13160

Description: This report provides a summary of the federal agencies’ enforcement of and compliance with the prohibition against sex discrimination mandated by Title IX and Executive Order 13160. Specifically, this report discusses the implementation of regulations and procedures for enforcing the Title IX compliance of grant recipients and for enforcing the compliance of the federal agencies themselves with President Clinton’s Executive Order.
Date: October 28, 2002
Creator: Feder, Jody
Partner: UNT Libraries Government Documents Department

Religion and the Workplace: Legal Analysis of Title VII of the Civil Rights Act of 1964 as It Applies to Religion and Religious Organizations

Description: This report reviews the scope of Title VII as it applies to religion and religious organizations and the requirements of the anti-discrimination protections and the accommodations provision. It also analyzes the exemptions available to religious organizations for the non-discrimination rules.
Date: January 20, 2011
Creator: Brougher, Cynthia
Partner: UNT Libraries Government Documents Department

Survey of Federal Laws Containing Goals, Set-Asides, Priorities, or Other Preferences Based on Race, Gender, or Ethnicity

Description: This report provides a broad, but by no means exhaustive, survey of federal statutes that specifically refer to race, gender, or ethnicity as factors to be considered in the administration of any federal program.
Date: October 1, 2010
Creator: Feder, Jody; Manuel, Kate M. & Taylor, Julia
Partner: UNT Libraries Government Documents Department

Legal Implications of the Contagious Disease or Infections Amendment to the Civil Rights Restoration Act, S.557

Description: This report discusses the civil rights restoration act, S. 557, as it passed the House and Senate. This provision would most likely be interpreted as codifying the existing standards relating to section 504 interpretation concerning discrimination against individuals with handicaps.
Date: March 14, 1988
Creator: Jones, Nancy Lee
Partner: UNT Libraries Government Documents Department

The Influence of Age on Public Sector Managerial Evaluations

Description: As the American population ages, the issues of aging and work have gradually come to the forefront. An older and increasingly diverse workforce has raised concerns over job performance, labor costs, and alternative work demands. At the same time, evidence indicates that older workers continue to experience extensive labor market problems due to false assumptions on the part of managers about the limiting effect of age on employee performance. The public sector's ability to respond to age-related issues in the workplace has largely been ignored by both public practitioners and researchers. This study addresses the questions of whether age negatively influences public personnel decisions, and if so, whether such influences adversely affect the treatment of older workers. The results of the survey indicate that public managers are susceptible to age bias when making personnel decisions.
Date: August 1993
Creator: McCaghren, Kathy L. (Kathy Lea)
Partner: UNT Libraries

The Effects of Selection Risk on Sex Discrimination in Employment Decisions

Description: Effects of selection risk on sex discrimination in hiring were investigated. Ninety-six male and female educational administration graduate students rated ficticious resumes on suitability for hiring for the female-oriented position of secondary school teacher. Sex and selection risk level were varied, with sex of rater as an assigned factor. Analysis of variance yielded significant main effects for sex (p < .01) and selection risk level (p < .05). All ratings were lower in high selection-risk situations, with males preferred over females across both levels of risk. Results suggested that ratings were based on a stereotype of female inferiority in work efficiency, overriding job sex-orientation as a decision factor.
Date: May 1979
Creator: McKenna, David John
Partner: UNT Libraries

Women and Television: Summary of Image Research and Survey of Organizational Response to Depiction and Employment

Description: This study first summarizes extant empirical research concerning role depiction of women in television. Analysis of these studies show television's portrayal of women as discriminatory. Second, this study reports results of an original survey of women's organizations to determine what stands and actions had been taken concerning (1) role depiction and (2) employment of women by the television industry. Out of ninety-two organizations surveyed, fifty-one (55 percent) returned useable questionnaires. Responding groups fell into nine categories, with political and educational organizations most active. National Organization for Women was particularly active. Responding groups most often used "citizen action" and "informational actions" to achieve goals.
Date: August 1975
Creator: Doyle, Holly S.
Partner: UNT Libraries

Public School Teaching and Administrative Employment Applications in Texas: A Study of Compliance with and Awareness of the Civil Rights Acts of 1964 as Amended in 1972, and Equal Employment Opportunity Commission Policies and Regulations

Description: The purpose of this study was to determine whether application forms used in Texas public schools for teachers and administrators were in compliance with federal Equal Employment Opportunity Commission (EEOC) and Texas Human Rights Commission Act (THRCA) regulations regarding preemployment practices. Participating in the study were 740 public school districts in Texas. The study also attempted to determine if these application forms are in violation of EEOC regulations pertaining to pre-employment practices and whether classification based on the districts' size, wealth, student ethnicity and geographical location has a bearing on the degree of compliance with and awareness of EEOC and THRCA regulations. A model employment application form and set of guidelines were developed for school districts to use in securing pre-employment information. Inferential statistics were used through various applicable designs. Three different types of analysis were utilized. These were a Descriptive Analysis, a Goodman- Kruskal Gamma (y) Coefficient—chi-square analysis and a Multiple Regression analysis. The descriptive analysis included the calculation of percentages of the suspect questions appearing on teacher and administrator application forms utilizing the Criteria Used to Determine EEO Compliance and Awareness Among Texas School Districts. The Goodman-Kruskal Gamma (y) Coefficient and the chi-square analysis were employed in order to determine differences in compliance and awareness based on the districts' size, wealth, student ethnicity and geographical location. The GAMTAU. ASC Computer Program was used to test the Gamma values, with a standard z-score. The Multiple Regression analysis was employed to determine to what extent variation in the use of total suspect questions correlated with size, wealth, ethnicity and geographical location. The results of the data analyzed reveal that the size and ethnicity of the school district had a weak but significant correlation with EEO compliance and awareness based on employment application forms for teachers and administrators and that school ...
Date: December 1985
Creator: Cano, Leobardo
Partner: UNT Libraries

Occupational Inequality Between Men and Women in Metropolitan Labor Markets, 1950-1970

Description: This study examined changes between 1950 and 1970 in women's aggregate occupational position in 168 Standard Metropolitan Statistical Areas. Specifically, the research was designed to study three aspects of women's occupational position. First, women's distribution across occupational categories (absolute position) was examined. Absolute position was defined as the percent of working women in professional and managerial occupations. Second, women's occupational position compared to men (relative position) was examined. This involved women's share of the total jobs in each occupational category. Third, the statistical relationship between women's occupational position and their labor force participation rate was investigated using zero-order correlations.
Date: August 1984
Creator: Darville, Ray Lynn, 1955-
Partner: UNT Libraries

Arbitral Reaction to Alexander v. Gardner-Denver Co.: An Analysis of Arbitrators' Awards, April, 1974-1980

Description: The purposes of this study were: (1) to present data resulting from an analysis of the ninety-seven published grievance-arbitration awards involving issues of racial discrimination occurring between April 1, 1974, and December 31, 1980? and (2) to determine from the data how labor arbitrators have reacted to Alexander v. Gardner-Denver Co., 415 U.S. 36 (1974) . The Supreme Court held that labor arbitration was a "comparatively inappropriate" forum for the resolution of employment discrimination disputes. However, the Court said that an arbitral award could be "accorded great weight" by a lower court when certain relevant factors are present in an award. The cases were analyzed to determine the extent to which arbitrators responded to the factors set forth in the Gardner-Denver decision.
Date: August 1981
Creator: Owens, Stephen D. (Stephen Dennis)
Partner: UNT Libraries