Keeping the Faith but Losing in Court: Legal Implications of Proselytizing in the Workplace

Proselytizing at work occurs when an employee tries to convince coworkers to change their religions. This presents an interesting set of legal issues, because some employees feel that proselytizing is a requirement of their religion. Therefore, they could perceive a prohibition on proselytizing at work as a discriminatory act against members of their religion. On the other hand, other employees may be offended by attempts to change their religious practices. These employees could perceive workplace proselytizing as religious harassment. Therefore, American employers have to adopt religious harassment policies that are much more complex than their sexual harassment policies. In this paper, we outline the components of a legally compliant religious harassment policy which balances the competing rights of proselytizers and their intended targets.     

The civil rights act of 1991: Legislative responses to judicial decisions

The Civil Rights Act of 1991, among other things, responded to nine different Supreme Court decisions. Seven of these dealt with issues of statutory construction, while one was concerned with the Federal Rules of Civil Procedure, and still another with a judicial response to yet another judicial decision. With one exception, the decisional subject matter varied widely. Some of the responses bestowed employee rights directly (as with Americans abroad), while others were more remedial, dealing with court situations in which employees sought rights such as expert fee shifting. Overall, the 1991 Act importantly perpetuated an already established recent trend adding a new interactive dimension to thede jure granting of employee rights by the branches of the Federal Government.     

The civil rights act of 1991: Death Knell for traditional faculty staffing and pay practices in business schools?

The language in the Civil Rights Act of 1991 relating to “alternative selection practices equally effective in achieving legitimate employment goals” may require business schools to alter their traditional staffing and compensation practices. Because of market conditions, many business schools pay newer faculty members more than faculty members currently on staff. This practice may have an unlawful, discriminatory impact on older faculty. Several nondiscriminatory alternatives that may be equally effective in achieving business schools’ need to employ and compensate competent faculty are examined.     

Court Standards for Terminating Employees Under the ADA: Some Questions and Answers for Managers

Since the passage of the Americans with Disabilities Act in 1990, managers have had to wrestle with the question of what to do when employees become disabled and can no longer perform their jobs as they had before. By law, managers are required to retain such employees if, with reasonable accommodations, they are able to perform their jobs' essential functions. But the written law leaves a number of issues in doubt, such as how managers should (1) determine whether an employee's impairment qualifies as a disability, (2) identify the job functions that are essential, and (3) decide how far to go when granting an accommodation. The Equal Employment Opportunity Commission (EEOC) has issued volumes of regulatory guidelines that deal with these questions. Only now, however, is a body of case law beginning to emerge. Because case law takes legal precedence over EEOC interpretations, managers must keep abreast of court decisions, especially when the courts' edicts conflict with those published by the EEOC. This article describes ADA case law in the form of answers to questions frequently posed by managers. It is based on a review of 44 ADA court cases dealing with wrongful termination claims, 4 of which were decided by the Supreme Court.     

Corporate Governance: A Critical Survey of Key Concepts,Issues, and Recent Reforms in the US

This paper critically surveys basic corporate governance concepts and theories, assesses recent international empirical support of theories, and analyzes the impact of major, recent corporate governance reforms in the US. Comparing representative economies identifies the essential features of different corporate governance systems. Therefore, the corporate governance structures of a few countries (England, US, Germany, and Japan) are explored. In second part of the paper, some emergent issues of corporate governance such as the impact of block holders and emergent market regulatory changes are assessed. Finally, the effectiveness of the Sarbanes-Oxley act is evaluated.     

Defining the Problem and Problems of Definition: Legal Standards for Expanding Issues in Sexual Harassment

Sexual harassment has been a difficult area of legal interpretation. Legal frameworks used in other areas of Title VII of the Civil Rights Act have not been used in the development of standards by which to judge on the job harassment. Specific difficulties analyzed are the status of group versus individual protection, the notion that harassment is a correctable violation, problems of defining a hostile environment and determining harm, adverse effects on third parties, harassment without sexuality, and same sex harassment. Disagreements between the Circuit Courts and the EEOC are highlighted and effects on individuals and organizations are discussed. Suggestions for organization policy are made.     

The Effects of Mandatory Arbitration of Employment Discrimination Claims: Perceptions of Justice and Suggestions for Change

The ability of employers to require employees to submit claims of discrimination to final and binding arbitration in lieu of exercising their statutory rights represents a significant change in public policy. The methods traditionally used by enforcing agencies to investigate discrimination claims provide assistance and intervention that redress power asymmetries between employees and employers. Depriving employees of these enforcement mechanisms and requiring them to use arbitration may have adverse effects on perceptions of justice, both in procedural and distributive terms. We propose that mutuality, equality, and remediality are issues that must be addressed in situations of mandatory arbitration. We also suggest that mandatory arbitration may have other effects including expanding the scope of issues well beyond discrimination claims.     

产品内国际分工对就业的影响——以江苏省为例

运用江苏省的总量数据和沿江8个市的面板数据对江苏省参与产品内国际分工情况进行实证研究,验证了产品内国际分工对就业具有积极效应的结论.因此,江苏省应该继续推动企业融入全球经济一体化的进程,加大参与产品内国际分工的力度,加快企业"走出去"的步伐,以创造更多的就业机会.     

The Employment Interview: A Review of Recent Research and Recommendations for Future Research

The past decade has seen continued interest in the employment interview, with several changes in research emphasis. The present review is a comprehensive examination of interview research conducted since Harris last reviewed this literature. We begin with a review of the traditional areas of interview research: reliability, validity, structured interviews, interviewer differences, equal employment opportunity issues, impression management, and decision-making processes. Next, we review and discuss more recent developments in interview research such as the use of the interview as a means of assessing person–organization (P–O) fit and applicant reactions to the employment interview. Throughout the review, suggested topics for future research are discussed.     

International Comparisons of Labour Productivity in Transport and Communications: The US,the UK and Germany

We construct benchmark estimates of labour productivity covering the transport and communications sectors for the US, UK and Germany for 1992 and 1993. The US lead is substantial in rail and trucking, even after adjusting for differences in stage length, but Britain leads in air transport and all three countries have similar productivity levels in local transport. In telecommunications and postal services the US enjoys a large lead over both the UK and Germany. We compare these estimates based on industry data with ones derived from the national accounts and find them similar in communications but not in transport. For 1973–96, and also 1989–96, productivity was growing slower in the US, hence some of the gap has been closed.     

国际贸易对气候变化的影响研究综述

随着世界贸易量的急剧增长,贸易自由化引起了一系列对气候变化问题的思考:贸易自由化是否导致温室气体排放的增加?贸易对气候变化影响的程度到底有多大?围绕这些问题,国内外学者进行了大量研究。文章在对国际贸易与气候变化关系的文献进行梳理后,侧重于分析贸易自由化对气候变化影响的研究,主要围绕三个方面对现有文献进行述评:对外贸易的环境效应、环境库茨涅茨曲线、国际贸易隐含碳。这些研究对我国减排目标和政策的制定都具有重要的启示。     

试析大学毕业生初职选择模式及对职业发展的影响

"先就业"与"先择业"是大学毕业生选择初职的两种不同的模式,选择方式会受到各种因素的影响。初职选择模式的不同,对大学毕业生的初职状态和职业发展既有可能产生阶段性的影响,也有可能产生长久性的影响。高等院校和用人单位应当重视大学毕业生的职业发展,大学毕业生也应当以积极的心态和行为对待自身的职业发展,真正实现职业价值。     

Attention Deficit/Hyperactivity Disorder in the Workplace Under the ADA in the Wake of Sutton and Its Companions

The terms Attention Deficit Disorder (ADD) or Attention Deficit/Hyperactivity Disorder (AD/HD) refer to a neurological impairment that affects the individual's ability to sustain attention and to behave in a calm, rational manner.³Although this disorder has long been considered to be restricted to childhood, recent research has demonstrated that many children carry it over into adult life and take it with them into the workplace. Most U.S. courts have treated AD/HD as a disability covered by the Americans with Disabilities Act (ADA).⁴However, in the summer of 1999, the U.S. Supreme Court made three decisions that will undoubtedly affect the future status of AD/HD and other impairments under the ADA. This article examines those decisions, how they affect the employment rights of AD/HD-afflicted employees, and the changes they will probably bring to litigation in this area. Because we have many reservations about the court's decisions, we not only voice our criticisms of the decisions, but also offer an alternative approach.     

研究生就业观的调查与思考——以西安电子科技大学为例

研究生就业竞争日趋激烈,就业工作面临严峻挑战。就业观是研究生就业的基本导向。调研发现研究生在择业过程中心态积极、地域选择理性、单位选择多元、薪资期望偏高、个人主义倾向严重,同时创业意识淡薄,期望深入有效的就业指导。因此,就业工作中应进一步通过思想政治教育、精细化的就业指导服务、开设创新创业教育和做好信息服务体系建设,帮助研究生树立高远的职业理想、建立合理的就业期望、搭建良好的就业平台,提升研究生就业满意度。     

Exploring Discrimination on the Basis of International Experience: The Colonial Mindset Bias in the Context Of Pakistan

Discrimination in the labor market has historically been associated with gender, race, ethnicity, and age. This article introduces another basis of discrimination—international experience—which may exist in developing countries because of a colonial mindset. The research is an exploratory study, based on an analysis of in‐depth semistructured interviews with 8 HR managers, 19 employees with international experience, and 24 employees without international experience (N = 51) working in the oil and gas and telecom sectors of Pakistan. Results indicate some initial evidence of a bias, and hence discrimination during recruitment for entry‐level positions. Findings also indicate that international experience may contribute to enhanced employment opportunities, career progress, and higher compensation at senior‐level leadership positions, leaving those without such experience at a disadvantage. While in some cases international experience may be a genuine occupational requirement (GOR), further research is needed to identify whether this is in fact a GOR for senior level positions in all types of organizations or indirect discrimination under the guise of GOR. Recommendations for HR managers and organizational leaders are also set out, which can be applied in practice to foster equality of opportunity in the workplace. © 2017 Wiley Periodicals, Inc.     

Let’s Talk about Language: A Review of Language‐Sensitive Research in International Management

This paper explores the assumptions underlying the core concept of language used in the growing field of language‐sensitive research in international management. We reviewed 92 articles on the topic of language(s) in multinational corporations published during the period 1997‐2015, and applied a linguistic lens to uncover how these articles ‘talk about language’. The assumptions found in these articles can be grouped into three complementary categories that take a structural, functional or social practice view of language. We go beyond the review by also reflecting on the consequences that these underlying assumptions have for the study of language in multinationals. We consider the social practice view the most promising one, and propose a future research agenda for advancing it and thereby contributing to theorizing about the multinational corporation more broadly.     

技术进步对中国就业量影响的实证分析——基于Malmquist指数的研究

由于技术进步导致了劳动生产率的提高,使得对劳动力需求减少以及人口相对过剩等的出现,从而对就业产生冲击效应;另一方面,技术进步使企业的生产成本降低,以及产品价格的降低所引起的对产品消费需求的增加,都会导致生产规模的扩大,从而对就业产生补偿效应。实证分析技术进步对中国就业量的影响,表明技术进步和就业量之间存在长期关系,具体表现为技术进步对就业具有促进作用。为此,应继续坚持科学技术是第一生产力,大力发展科技;合理利用技术进步,促进我国的就业增长。     

大学生就业观存在问题研究——以云南财经大学为例

在我国构建社会主义和谐社会的历程中,大学生的就业问题实际上是非常严峻的关乎民生的重要问题,而解决现今社会现实的就业问题的核心就在于改变精英意识的就业观念。大学生的就业观跟不上时代发展的步伐,不能与社会经济发展相适应,是大学生就业难的主要原因之一,在构建和谐社会的背景下,本文就大学生就业观问题进行研究,分析当代大学生就业观的现状,找出大学生就业观存在的问题,并探究其形成原因,进而提出解决对策。     

Adjustment, Stabilisation and the Analysis of the Employment Structure in Turkey: An Input- Output Approach

The aim of the paper is to examine the effects on employment of the large-scale structural adjustment programme undertaken by Turkey from the early 1980s onwards. In this respect, we particularly analyse how appropriate the choices of factor intensity after structural adjustment programme have been in the domestic production in comparison with the availability of domestic factor endowment. Our findings show that foreign trade in intermediate goods creates extra use of domestic labour, which can be considered as the labour cost of importing intermediate goods. This is the case in the majority of industries in the pre- and post-liberalisation period in Turkey. However, the capacity of using extra labour as a result of importing intermediate goods appeared to have decreased in the post-liberalisation period.