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Workplace discrimination, privacy and security in an age of terrorism

Samuel Estreicher og Matthew Brodie

Kluwer Law International 2007, 544 s. ISBN 9041123873
Bogomtale fra forlaget.

The waves rippling out from the attacks of September 11, 2001 have touched the U.S. workplace profoundly. From policy-driven rationales for discrimination to marked increases in workers’ emotional disorders, the entire fabric of employment in the U.S. bristles with a web of unprecedented legal issues. Dealing with a wide range of these important and troubling matters, this remarkable book offers seventeen insightful evaluations of some of the core relevant concerns, including the following:

  • workplace discrimination in the context of the war on terror;
  • profiling based on nationality;
  • English-only rules; protections provided to immigrant workers;
  • “enemy combatant” designation;
  • electronic information generated about employees;
  • monitoring electronic mail;
  • military leaves of absence;
  • vulnerability to labor strikes in an age of terror;
  • efforts to limit labor’s freedom of association based on security-related arguments;
  • impact of national security concerns on federal government employees;
  • employee assistance programs;
  • mental injuries such as post-traumatic stress disorder;
  • and workers’ stress in the context of federal workplace statutes

As workers, firms, and governments adapt to the new environment of global insecurity, this book will prove invaluable to all professionals engaged in ensuring the economic health of the U.S. workplace. These papers are sure to provide practitioners, agencies, and academics with a clearly outlined starting point for the debates to come.



Table of contents


    Center for Labor and Employment Law at New York University School of Law. 1. Introduction; S. Estreicher, M. Bodie. Part I: Workplace Discrimination in an Age of Terrorism. 2. Profiling with Apologies; S. F. Colb. 3. “English Only” in the Workplace; D. M. Malin. 4. Antidiscrimination Provisions of the Immigration Reform and Control Act; D. M. Rosoff. 5. H-1B Visas and Naturalization Post 9/11; J. A. Chernev Adlerstein. 6. Citizens of an Enemy Land: Enemy Combatants, Aliens, and the Constitutional Rights of the Pseudo-Citizen; J. Stumpf. Part II: Workplace Privacy in an Age of Terrorism. 7. Workplace Privacy after 9/11: Electronic Surveillance and Access to F.B.I. Information; C. M. Sproule. 8. Monitoring Electronic Mail in the Workplace: Property v. Privacy; M. Babson. Part III: Collective Bargaining in an Age of Terrorism. 9. Collective Bargaining over Job Security and Workplace Security in the Wake of September 11; L. R. Batterman, J. F. Fullerton. 10. Employment Rights Following Military Leaves of Absence; J. S. Klein, N. J. Pappas, M. Herman. 11. Strike Season: Protecting Labor-Management Rights in an Age of Terror; R. Davies. 12. Labor’s Fragile Right of Association Post 9/11; R. Garcia. 13. Homeland Security vs. Workers Rights? What the Federal Government Should Learn from History and Experience, and Why; J. Slater. Part IV: Physical and Emotional Security in an Age of Terrorism. 14. Union Duties to Promote a Safe and Nondiscriminatory Workplace; G. P. Clark, J. Crook Marrinan. 15. Employee Assistance Programs: The Rewards Outweigh the Risks; H. H. Weiss. 16. Workplace Stress Claims Resulting from September 11th; F. Codd Slusarz. 17. Workplace Stress Claims in the ADA/FMLA Context; M. G. Farber, J. Rubin.