The debate about mandatory retirement is fundamentally a moral issue, about human rights, but one strongly related to several major economic issues. Mandatory retirement is a form of age discrimination that seems to be strictly prohibited by section 15(1) of the Canadian Charter of Rights. But...

This article focuses on four fact patterns that confuse courts, scholars and employment lawyers in hostile work environment law. It employs masculinities theory and new research on the gendered nature of bullying to explain why the harassment in these fact patterns occurs because of sex. In the...

In this article, I examine the manner in which the lower federal courts have applied the affirmative defense to liability for supervisory sexual harassment, which was articulated by the United States Supreme Court in the 1998 cases of Burlington Industries, Inc. v. Ellerth and Faragher v. Boca...

Employers seeking to control employee behavior outside of working hours is nothing new. However, recent developments have extended efforts to control employee behavior into new areas, with new significance. Employers seek to control legal behavior by employees outside of working hours, to have...

This article investigates misclassification and antidiscrimination. Misclassification is employers' practice of classifying workers as independent contractors whom the law would categorize as employees. Misclassified workers are exempt from most federal antidiscrimination statutes, unless they...

Power and productivity mediate economic outcomes across markets–both product markets and labor markets. We develop a neoclassical economic framework that combines productivity and power, and presents the balance between them as an equilibrium outcome determined by strategic investments–by...

Joseph Fishkin’s new book, Bottlenecks, reinvigorates the concept of equal opportunity by simultaneously engaging with its complications and attempting to simplify its ambitions. Fishkin describes bottlenecks as narrow spaces in the opportunity structure through which people must pass if they...

Should a nation extend legal rights to those who enter the country illegally? The Supreme Court recently addressed this question when it held that unauthorized immigrants who are fired illegally for unionizing cannot recover monetary remedies. This has led to a significant decline in employment...

Conflicts and disputes in the workplace have often been based on individual identities shared with others in a group, creating identity-based conflicts with employees between each other, and with management. The organization of such conflicts on a group basis often entrenches positions, and...

This chapter assesses the use of public procurement to enforce labour standards from a competition and State aid perspective, and concentrates on the establishment of contract compliance clauses under the rules of Article 26 of Directive 2004/18/EC and Article 70 of Directive 2014/24/EU and in...