Employment Law as if People Mattered

I’ve posted a pre-publication draft of my forthcoming law review article, “Employment Law as if People Mattered: Bringing Therapeutic Jurisprudence into the Workplace,” which will appear in a symposium issue on therapeutic jurisprudence in the Florida Coastal Law Review.  Here’s the abstract:

During the past 20 years, scholars and practitioners drawn to therapeutic jurisprudence (TJ) have produced a substantial body of work, with mental health law, criminal law, family law, and legal education being focal points for examination under a TJ lens.  Employment law, however, has been conspicuously underrepresented in TJ-inspired scholarly and law practice literature.  This essay is built on the premise that employment law scholars and lawyers, as well as the public at large, would benefit by applying a TJ perspective to the law of the workplace, and it suggests some framing concepts drawn from psychology and related disciplines to guide future research, analysis, and practice.  It also applies these ideas to the challenges of representing employees and employers, using workplace bullying as a specific scenario for discussion.

This isn’t for everyone!  It’s a law review article, short as these things go, but still a solid 23 single-spaced pages.  That said, if you’re interested in how employment law theory and practice might incorporate ideas from psychology, here are some core ideas that should be part of that conversation.

Here’s the link to the pdf: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1462406

2 responses

  1. I had an employer once tell me that he doesn’t care how much education his employees had, and it was EXPERIENCE that mattered to him.
    Not that experience in itself isn’t beneficial, but I find it kind of discriminatory to require experience for any position. The only way to GAIN experience is by DOING the job without experience. If every agency had the same open position requiring any number of years or months of experience, sooner or later those positions would never get filled, because no one would be able to gain the experience.
    Not only that, but if someone paid thousands of dollars to go to college and earn their degree, then they should have substantial preference for a position than someone who has experience but no degree to back it up. I’m not saying past work experience isn’t important at all, or that it should be illegal to hire based on experience in the field, but I think some agencies should be FORCED to significantly lower the bar in that regard. Then maybe some people will come to realize that 20+ years of experience, though it looks gorgeous on a resume, is NO SUBSTITUTE for 4-6 years of college.

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