Download or read book The Case for Discrimination written by Walter E. Block and published by . This book was released on 2010-12-28 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: Walter E. Block discusses how discrimination effects economics.
Download or read book Employment Discrimination Law written by Robert Belton and published by West Academic Publishing. This book was released on 2004 with total page 1080 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting the dominate theme of workplace equality, the authors go beyond this general consensus to affirm that the fundamental purpose of laws prohibiting employment discrimination is to implement the national civil rights policy. Organized around an examination of the reach and limits of laws, the book scrutinizes the federal statutory protection against employment discrimination. Constitutional provisions and state laws are included where appropriate. In addition, this new edition extensively uses scholarship drawn from the work of critical race theorists and feminist legal scholars. It also has materials on the law and economics approach to employment discrimination.
Download or read book Forbidden Grounds written by Richard A. Epstein and published by Harvard University Press. This book was released on 1992 with total page 980 pages. Available in PDF, EPUB and Kindle. Book excerpt: This controversial book presents a powerful argument for the repeal of anti-discrimination laws within the workplace. These laws--frequently justified as a means to protect individuals from race, sex, age, and disability discrimination--have been widely accepted by liberals and conservatives alike since the passing of the 1964 Civil Rights Act and are today deeply ingrained in our legal culture. Richard Epstein demonstrates that these laws set one group against another, impose limits on freedom of choice, undermine standards of merit and achievement, unleash bureaucratic excesses, mandate inefficient employment practices, and cause far more invidious discrimination than they prevent. Epstein urges a return to the common law principles of individual autonomy that permit all persons to improve their position through trade, contract, and bargain, free of government constraint. He advances both theoretical and empirical arguments to show that competitive markets outperform the current system of centralized control over labor markets. Forbidden Grounds has a broad philosophical, economic, and historical sweep. Epstein offers novel explanations for the rational use of discrimination, and he tests his theory against a historical backdrop that runs from the early Supreme Court decisions, such as Plessy v. Ferguson which legitimated Jim Crow, through the current controversies over race-norming and the 1991 Civil Rights Act. His discussion of sex discrimination contains a detailed examination of the laws on occupational qualifications, pensions, pregnancy, and sexual harassment. He also explains how the case for affirmative action is strengthened by the repeal of employment discrimination laws. He concludes the book by looking at the recent controversies regarding age and disability discrimination. Forbidden Grounds will capture the attention of lawyers, social scientists, policymakers, and employers, as well as all persons interested in the administration of this major
Download or read book Case for Discrimination The written by and published by Ludwig von Mises Institute. This book was released on with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Cases and Materials on Employment Discrimination written by Charles A. Sullivan and published by Aspen Publishing. This book was released on 2021-09-14 with total page 1116 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. The Tenth Edition of the best-selling Cases and Materials on Employment Discrimination welcomes a new co-author, Stephanie Bornstein, whose contributions are reflected throughout. Like earlier editions, the tenth edition blends cases, notes, and problems into an integrated pedagogy that balances scholarly and practice perspectives. The authors build a conceptual framework for understanding how discrimination is defined in theory and proven in litigation. The text allows professors to explore particular interests more deeply and permits them to contrast a litigation approach with compliance, investigation, and counseling perspectives characteristic of modern employment law practice. The broad coverage integrates scholarship with legal doctrine. The useful Statutory Supplement is available for separate purchase. New to the Tenth Edition: Bostock v. Clayton County (prohibiting sexual orientation and gender identity discrimination as discrimination “because of sex”) Our Lady of Guadalupe School v. Morrisey-Berru (expanding Title VII’s “ministerial exception”) Comcast Corp. v. Nat’l Ass’n of African American Owned Media (holding no mixed motive proof allowed under Section 1981) Expanded discussion of causation in the wake of Bostock, including Comcast and Babb v. Wilkie (on federal sector ADEA claims) Expanded and updated materials on Critical Race Theory Expanded and updated materials on gender discrimination and sex stereotyping, including sexual orientation, gender identity, and caregiver discrimination Expanded coverage of pay discrimination and the Equal Pay Act Professors and student will benefit from: An integrated pedagogy that balances scholarly and practice perspectives A conceptual framework that shows how discrimination is defined and proven in litigation A design that allows teachers to shift between litigation approaches and compliance, investigation, and counseling perspectives Integration of scholarship with legal doctrine
Download or read book Sexual Harassment of Working Women written by Catharine A. MacKinnon and published by Yale University Press. This book was released on 1979-01-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive legal theory is needed to prevent the persistence of sexual harassment. Although requiring sexual favors as a quid pro quo for job retention or advancement clearly is unjust, the task of translating that obvious statement into legal theory is difficult. To do so, one must define sexual harassment and decide what the law's role in addressing harassment claims should be. In Sexual Harassment of Working Women,' Catharine Mac-Kinnon attempts all of this and more. In making a strong case that sexual harassment is sex discrimination and that a legal remedy should be available for it, the book proposes a new standard for evaluating all practices claimed to be discriminatory on the basis of sex. Although MacKinnon's "inequality" theory is flawed and its implications are not considered sufficiently, her formulation of it makes the book a significant contribution to the literature of sex discrimination. MacKinnon calls upon the law to eliminate not only sex dis- crimination but also most instances of sexism from society. She uses traditional theories in an admittedly strident manner, and relies upon both traditional and radical-feminist sources. The results of her effort are mixed. The book is at times fresh and challenging, at times needlessly provocative. -- https://www.jstor.org (Sep. 30, 2016).
Download or read book For Discrimination written by Randall Kennedy and published by Vintage. This book was released on 2015-06-09 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive reckoning with one of America’s most explosively contentious and divisive issues—from “one of our most important and perceptive writers on race and the law.... The mere fact that he wrote this book is all the justification necessary for reading it.”—The Washington Post What precisely is affirmative action, and why is it fiercely championed by some and just as fiercely denounced by others? Does it signify a boon or a stigma? Or is it simply reverse discrimination? What are its benefits and costs to American society? What are the exact indicia determining who should or should not be accorded affirmative action? When should affirmative action end, if it must? Randall Kennedy gives us a concise and deeply personal overview of the policy, refusing to shy away from the myriad complexities of an issue that continues to bedevil American race relations.
Download or read book Unequal written by Sandra F. Sperino and published by Oxford University Press. This book was released on 2017-05-01 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is no secret that since the 1980s, American workers have lost power vis-à-vis employers through the well-chronicled steep decline in private sector unionization. American workers have also lost power in other ways. Those alleging employment discrimination have fared increasingly poorly in the courts. In recent years, judges have dismissed scores of cases in which workers presented evidence that supervisors referred to them using racial or gender slurs. In one federal district court, judges dismissed more than 80 percent of the race discrimination cases filed over a year. And when juries return verdicts in favor of employees, judges often second guess those verdicts, finding ways to nullify the jury's verdict and rule in favor of the employer. Most Americans assume that that an employee alleging workplace discrimination faces the same legal system as other litigants. After all, we do not usually think that legal rules vary depending upon the type of claim brought. The employment law scholars Sandra A. Sperino and Suja A. Thomas show in Unequal that our assumptions are wrong. Over the course of the last half century, employment discrimination claims have come to operate in a fundamentally different legal system than other claims. It is in many respects a parallel universe, one in which the legal system systematically favors employers over employees. A host of procedural, evidentiary, and substantive mechanisms serve as barriers for employees, making it extremely difficult for them to access the courts. Moreover, these mechanisms make it fairly easy for judges to dismiss a case prior to trial. Americans are unaware of how the system operates partly because they think that race and gender discrimination are in the process of fading away. But such discrimination still happens in the workplace, and workers now have little recourse to fight it legally. By tracing the modern history of employment discrimination, Sperino and Thomas provide an authoritative account of how our legal system evolved into an institution that is inherently biased against workers making rights claims.
Download or read book Rights on Trial written by Ellen Berrey and published by University of Chicago Press. This book was released on 2017-06-22 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer: racist jokes, signs reading “KKK” in his work area, and even questions from coworkers as to whether he had sex with his daughter as slaves supposedly did. He had an unusually strong case, with copious documentation and coworkers’ support, and he settled for $50,000, even winning back his job. But victory came at a high cost. Legal fees cut into Mr. Handley’s winnings, and tensions surrounding the lawsuit poisoned the workplace. A year later, he lost his job due to downsizing by his company. Mr. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. In the decades since the civil rights movement, we’ve made progress, but not nearly as much as it might seem. On the surface, America’s commitment to equal opportunity in the workplace has never been clearer. Virtually every company has antidiscrimination policies in place, and there are laws designed to protect these rights across a range of marginalized groups. But, as Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen compellingly show, this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they’ve lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling “held up” by what they see as frivolous cases. And even when the case is resolved in the plaintiff’s favor, the conditions that gave rise to the lawsuit rarely change. In fact, the contemporary approach to workplace discrimination law perversely comes to reinforce the very hierarchies that antidiscrimination laws were created to redress. Based on rich interviews with plaintiffs, attorneys, and representatives of defendants and an original national dataset on case outcomes, Rights on Trial reveals the fundamental flaws of workplace discrimination law and offers practical recommendations for how we might better respond to persistent patterns of discrimination.
Download or read book Experiencing Employment Discrimination Law written by MICHAEL P.. MARTINEZ MASLANKA (SAMANTHA.) and published by West Academic Publishing. This book was released on 2021-03-15 with total page 1176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Experiencing Employment Discrimination Law is written by two seasoned practitioners, one of whom is a law professor. The book is designed as both a tool of pedagogy as well as a book that students can take into practice. It begins with six "Threshold Questions" that must be asked and answered before a lawyer proceeds to determine whether the law has been violated. Other books bury these issues in unrelated sections; this book ties them together in one place. Before each case throughout the book, the authors include "X-Ray Questions" to help students understand what they should be asking themselves as they read the case. This feature allows instructors to spend less time laying the groundwork for understanding a case and more time discussing the case's import. The book also has many "Leaning Into Practice" sections based on challenging real-world fact patterns, which are designed to allow students to gain competence and confidence. These exercises can also be done in the classroom for instructors who want an alternative to the traditional case-summary method of teaching. Case selection focuses much more on interesting and engaging fact patterns and much less on stodgy majority, concurring, and dissenting Supreme Court opinions. These are the types of cases that practicing lawyers will use and interpret in their daily work. Through its "Beyond the Cite" sections, the book looks at a wide variety of contemporary issues such as whether prohibitions on certain hair styles constitute a proxy for racial discrimination. The mix of cases, exercises, and reading materials will provide a stimulating fulcrum to meet the pedagogical goals of different instructors. The book is written in a down-to-earth, highly readable style that will resonate with students, while still demonstrating a commitment to deep intellectual rigor.
Download or read book The Face of Discrimination written by Vincent J. Roscigno and published by Rowman & Littlefield. This book was released on 2007 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Face of Discrimination documents the extent, character, and implications of race and sex discrimination at work and in housing, drawing from a rich body archived discrimination suits themselves. It moves beyond traditional social science research on the topic and grounds the reader in the reality of discrimination as it is played out in the actual jobs, neighborhoods, and lives of real people.
Download or read book Equality Discrimination and the Law written by Michael Connolly and published by Routledge. This book was released on 2022-01-06 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: In identifying a number of ‘fuzzy border’ cases (notably where pensionable age, pregnancy, residence, and marriage, are proxies for unlawful discrimination), Equality, Discrimination and the Law argues that the traditional notions of discrimination and victimisation are inadequate to implement equality policy and cannot represent fully the reality of discriminatory practices. When Mr and Mrs James - each aged 61 - went swimming, Mr James was charged for entry, while Mrs James was admitted free. The reason was that the local authority offered free swimming to those of ‘pensionable age’ (at the time, 65 for men and 60 for women). The House of Lords found that Mr James had suffered direct sex discrimination. This majority plurality decision indicated that sometimes a given set of facts does not neatly accord to traditional definitions of discrimination. This in turn encourages the judiciary to shape the law to fit the facts, which results in an inconsistent body of law full of ‘fuzzy borders’. Starting with the James case, this book investigates a number of ‘fuzzy border’ cases in the EU and UK based on nationality discrimination, notions of indirect discrimination, pregnancy and sex discrimination, marriage and sexual orientation discrimination, perceived discrimination, and victimisation. The argument concludes that fixed notions such as ‘direct and indirect discrimination are mutually exclusive’ do not stand up to scrutiny and that it must be recognised that the traditional concepts of discrimination and victimisation do not reflect the reality of practice. This work is essential reading for students, scholars and practitioners in all EU and English-speaking jurisdictions, particularly post-graduates, Policy/Law-makers, and those on dedicated equality undergraduate courses.
Download or read book The Social Roots of Discrimination written by Peretz F. Bernstein and published by Transaction Publishers. This book was released on 2011-12-31 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Social Roots of Discrimination explains the phenomenon of anti-Semitism. In this classic volume, Peretz F. Bernstein looks for objective reasons why anti-Semitism flourished in European countries. Some civilized people would consider the notion of race uncivilized, but the existence of different races and the inequality of races with their specific race characteristics and on top of that the existence of superior and inferior human races was accepted as a fact of life and as a scientific truth long before the Nazis came to power. Although there is a marked difference in dealing with anti-Semitism in continental Europe in 1920 and the anti-Semitism in, for instance, the US in 2000, Berstein's ideas remain valuable. Starting from a concrete problem, anti-Semitism in Central Europe, Bernstein puts anti-Semitism in a general sociological theoretical framework. Far from limiting himself to fruitless elaborations on the common perceived unpleasant characteristics of Jews, he recognizes that the group is heterogeneous and that the usual arguments to justify anti-Semitism do not have any general validity, although they may hold for some specific individuals of the hated group, like individual members of any group may be less pleasant. Bernstein's ideas remain valuable. Bernstein tries to explain the hatred of Jews as the working of a more general mechanism--one that has nothing to do specifically with of Jews as a collective or as individuals. In doing so Bernstein attempts to sketch a general theory of social groups and conflicts between groups. The Social Roots of Discrimination gives an important message both for social scientists and for all intellectuals who are concerned with the strifes between nations, races, and social groups.
Download or read book Body and Soul written by Alondra Nelson and published by . This book was released on 2011 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alondra Nelson recovers a lesser-known aspect of The Black Panther Party's broader struggle for social justice: health care. Nelson argues that the Party's focus on health care was practical and ideological and that their understanding of health as a basic human right and its engagement with the social implications of genetics anticipated current debates about the politics of health and race.
Download or read book Employment Discrimination Law written by Arthur B. Smith and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: View or download the free 2015 Online Supplement for this product. Changes in the area of employment discrimination law, since publication of earlier editions of this book, have refined many of the substantive doctrines and continued to clarify procedural issues. A number of relevant decisions have explored the scope of protection provided by the ADA, while others have focused on the extent to which Title VII proscribes sexually harassing behavior. The new Seventh Edition of Employment Discrimination Law: Cases and Materials includes updated note material to include analyses and recent studies of labor market discrimination as well as cover recent judicial developments and the following main decisions issued since the Sixth Edition was published in 2006: Ricci v. DeStefano (Sup. Ct. 2009) concerning the right of an employer to postpone promotions based upon test results having a disparate impact and Lewis v. City of Chicago (Sup. Ct. 2010) dealing with the timeliness of challenges to the use of previously administered test scores which have a disparate impact on protected groups. Ledbetter v. Goodyear Tire & Rubber Co. (Sup. Ct. 2007) pertaining to the timeliness of challenges to gender-based pay differentials and the 2009 Lilly Ledbetter Fair Pay Act reversing the impact of the prior Supreme Court decision. In re Union Pacific RR Employment Practices Litigation (8th Cir. 2007) regarding the duty of employers to cover the cost of prescription contraceptives under the Pregnancy Discrimination Act amendments. Crawford v. Metropolitan Government of Nashville (Sup. Ct. 2009) and Thompson v. North American Stainless (Sup. Ct. 2011) both dealing with the scope of the Title VII anti-etaliation proscription. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
Download or read book Statistical Analysis of Employment Data in Discrimination Lawsuits and Eeo Audits written by Dwight D. Steward and published by . This book was released on 2010-01 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Statistical analysis can play a pivotal role in both avoiding and settling employment disputes. Employers and litigants in employment lawsuits routinely use statistics to investigate the legitimacy of employment decisions. "Statistical Analysis of Employment Data" provides managers and courts with empirical evidence that goes beyond anecdotes and stories. This textbook presents the methodologies that are used in statistical employment data analyses. While the focus is on statistics, it is not a cookbook of magic mathematical formulas. Instead, a non-mathematical approach is used to develop the conceptual framework underlying employment data analyses.
Download or read book Measuring Racial Discrimination written by National Research Council and published by National Academies Press. This book was released on 2004-07-24 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many racial and ethnic groups in the United States, including blacks, Hispanics, Asians, American Indians, and others, have historically faced severe discriminationâ€"pervasive and open denial of civil, social, political, educational, and economic opportunities. Today, large differences among racial and ethnic groups continue to exist in employment, income and wealth, housing, education, criminal justice, health, and other areas. While many factors may contribute to such differences, their size and extent suggest that various forms of discriminatory treatment persist in U.S. society and serve to undercut the achievement of equal opportunity. Measuring Racial Discrimination considers the definition of race and racial discrimination, reviews the existing techniques used to measure racial discrimination, and identifies new tools and areas for future research. The book conducts a thorough evaluation of current methodologies for a wide range of circumstances in which racial discrimination may occur, and makes recommendations on how to better assess the presence and effects of discrimination.