Introduction to the University of Memphis Law Review labor and employment symposium

University of Memphis Law Review, The, Spring 1999 by Wexler, Maurice

Statutes such as the National Labor Relations Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Family Medical Leave Act have immeasurably contributed to the good and welfare of American society and the democratic way of life we value so highly. They are the backbone of our federal system of laws that ensure workplace fairness and equality. They reflect the promise of America and extend the rule of law to workplace disputes rather than leaving those differences, which are sometimes very sharp, for resolution through the disruptive use of force.

Through the scholarly Articles and Comments that appear in this Symposium, worthy contribution is made to the understanding of not only our labor and employment laws, but also the meaning of the rule of law in the workplace. This Symposium is the work product of senior labor and employment lawyers who are on the cutting edge of the law in this area. Despite the endless demands of their respective practices, and the attention and time each must devote to his or her clients, they used their valuable resources of time, talent, and energy to make this Symposium possible. We profoundly thank them for their willingness to join in making this Symposium a reality. We are grateful to them for enriching our understanding of our nation's laws governing labor and employment. By doing so, they lift our collective national spirit and challenge our intellect by making us think. We offer our special thanks to them.

The authors and the titles of their Articles are: Luis F. Antonetti, Goldman, Antonetti & Cordova, P.S.C., Hato Rey, Puerto Rico, A Modern Approach to Pregnancy Discrimination: Puerto Rico 's Working Mothers Protection Act; Thomas H. Barnard and Timothy J. Downing, Ulmer & Berne, L.L.P., Cleveland, Ohio, Emerging Law on Sexual Orientation and Employment; Lewis R. Hagood, Arnett, Draper & Hagood, Knoxville, Tennessee, Claims of Mental and Emotional Damages in Employment Discrimination Cases; Philip K. Lyon and Bruce H. Phillips, Jack, Lyon & Jones, P.A., Nashville, Tennessee, Faragher v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth: Sexual Harassment Under Title VII Reaches Adolescence; Richard C. Mariani and Kimberly E. Robertson, Stanton, Hughes, Diana, Salsberg, Cerra & Mariani, Florham Park, New Jersey, Representations of Total Disability on Claims for Social Security Benefits: Powerful, But Not Conclusive, Evidence That the Claimant is Not a Qualified Individual with a Disability Under the ADA; Debra A. Millenson, U.S. Department of Labor, Washington, D.C., W(h)ither Affirmative Action: The Future of Executive Order 11,246; Donald J. Spero, panel member of the American Arbitration Association, North Palm Beach, Florida, State Immunity to Suits in Federal Court Under Federal Employment Laws After Seminole Tribe v. Florida; Cathy Ventrell-Monsees, members of the Board of Directors of the National Employment Lawyers Association, Chevy Chase, Maryland, "Take the Money and Run or It's Too Late Baby ": Early Retirement Incentives and the Age Discrimination in Employment Act; and Charles C. Warner, Porter, Wright, Morris & Arthur, Columbus, Ohio, Motions in Limine in Employment Discrimination Litigation.

In addition, this Symposium contains two Case Comments regarding labor and employment law that were written by student authors. Alice Marie Pettigrew wrote Employment-Aka v. Washington Hospital Center: The District of Columbia Circuit Seeks Middle Ground in the Pretext-Only/Pretext-Plus Debate, and Christy M. Wheeler wrote Employment-Barnett v. U.S. Air, Inc.: The Interactive Process and the ADA.

This Symposium is the product of an idea originated by Dean Donald J. Polden of The University of Memphis Law School. It is with appreciation to him and to the faculty of the School of Law that we dedicate this Symposium.

We do so with the hope and expectation that it will be of value to scholars, law students, practitioners, members of the bar, and the constituents they serve in the field of labor and employment law.

Maurice Wexler

Baker, Donelson, Bean & Caldwell

Memphis, Tennessee