Download or read book The Civil Rights Act and the Battle to End Workplace Discrimination written by Raymond F. Gregory and published by Rowman & Littlefield. This book was released on 2014-08-06 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the fiftieth anniversary of the landmark Civil Rights Act of 1964, Raymond F. Gregory evaluates our progress towards the full implementation of one of the law’s key provisions: Title VII, which prohibits discrimination in the workplace. Gregory looks at key litigation as the law has come to include discrimination based on more than just race, but on gender, age, ethnicity, and sexual orientation. From the segregationist policies of the past to lingering workplace oppression in the form of sexual harassment, age discrimination, and religious conflicts, the places we work have always been the scenes of some of our greatest civil rights battles. This study of the landmark cases and rulings, and debates surrounding workplace discrimination of all kinds sheds light on the cultural tensions we grapple with in America. Gregory also looks at the broader history of oppression suffered, recognized, and overcome, in the 50 years since this country passed its Civil Rights Act. In addition to a detailed history of the legal history of civil rights and America’s workplace discrimination, this book also outlines positive ways forward for our society as we continue to diversify and redefine what it means to be respectful of our fellow citizens’ most inalienable, protected, and sacred rights.
Download or read book Manual on Employment Discrimination Law and Civil Rights Actions in the Federal Courts written by Charles R. Richey and published by . This book was released on 1986 with total page 722 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 Employment Discrimination written by Joseph A. Seiner and published by Aspen Publishing. This book was released on 2019-02-19 with total page 918 pages. Available in PDF, EPUB and Kindle. Book excerpt: This streamlined, straightforward casebook offers a fresh perspective on employment discrimination law, presenting a procedural-based approach (lacking in other texts) with interactive materials. While still providing traditional coverage, Employment Discrimination: Procedure, Principles, and Practice, Second Edition emphasizes the importance of procedural issues in workplace cases. It includes a unique “best practices” chapter, which discusses the most effective ways to address workplace discrimination from both a theoretical and legal perspective. Numerous exercises and problems foster classroom discussion. Practice tips situate students in the role of a practicing lawyer. Modern, cutting-edge cases demonstrate the importance of employment discrimination law. Text boxes within cases, historical notes, and news events effectively help bring the material to life. New to the Second Edition: A renewed focus on sexual harassment and a robust discussion of the #metoo movement An examination of sexual orientation and a review of the conflicting federal appellate cases on whether it is protected by anti-discrimination laws A new focus on appearance discrimination and the recent case law related to this issue A discussion of how issues evolving in the gig economy can impact workplace discrimination Professors and students will benefit from: Focus on procedure (with theoretical underpinnings) to stimulate practical learning Comprehensive coverage, encompassing topics traditionally included in the course (statutory, regulatory, and administrative issues), but with a timely procedural focus integrated throughout Recent, topical cases which bring the issues to life for students and allow them to see how procedural issues are demonstrated in the employment discrimination context A unique chapter on best practices, which examines the proper training and complaint procedures that employers should have in place; explores policies and procedures for responding to employee reference requests; looks at emerging trends in the workplace, such as social media policies; and covers employee bullying Interactive features (discussion problems, practice/procedural tips, class exercises, notes and questions, graphs/charts, etc.), to foster class discussion and student engagement Chapter-in-review sections that further student comprehension
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 Manual on Employment Discrimination and Civil Rights Actions in the Federal Courts written by Charles R. Richey and published by . This book was released on 1983 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Civil Rights and Employment Discrimination Law written by Harold S. Lewis and published by West Publishing Company. This book was released on 1997 with total page 684 pages. Available in PDF, EPUB and Kindle. Book excerpt: Statutes at a Glance; Civil Rights Overview: 1981, 1982, 1983, 1985(3), 1986; 1983: "Under Color Of"; Qualified Immunity; Interlocutory Appeal; Government Entity "Policy, " Including "Final Policy Making Official" and "Deliberate Indifference; " Mixed Motives and Damages; Title VII: Coverage and Scope, Including Non-U.S. Exemptions; Prohibited Grounds, Including Sexual Harassment, and Particular Applications to Pregnancy/Abortion, Fetal Vulnerability Seniority Systems; Retaliation, Constructive Discharge, Union Liability; Proof Modes Direct and Inferential Evidence, Systemic Disparate Treatment, Neutral Practices; Procedures and Remedies; Affirmative Action, Reverse Discrimination; Age Discrimination in Employment Act, Including OWBPA, Procedures and Remedies; Equal Pay Act Coverage, Claim Definition, Defenses, Comparable Worth; Titles VI and IX; Voting Rights; Attorneys' Fees and Costs, Rule 68 Offers of Judgment; Procedure.
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 Employment Law written by Lori B. Rassas and published by Aspen Publishing. This book was released on 2022-09-14 with total page 684 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Text for undergraduate, graduate, human resources, and paralegal courses on employment law"--
Download or read book Civil Rights and Employment Discrimination Law written by and published by MICHIE. This book was released on 1991 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Civil Rights in the Workplace written by Henry H. Perritt (Jr.) and published by Wolters Kluwer. This book was released on 2001-01-01 with total page 914 pages. Available in PDF, EPUB and Kindle. Book excerpt: For plaintiff and defense counsel, Civil Rights in the Workplace provides complete analysis of punitive damages, compensatory damages, jury trials, and changes in providing disparate treatment and disparate impact cases. It shows you how the 1991 Act has changed the way lawyers and their clients approach employment discrimination under Title VII, the Age Discrimination and Employment Act, the Reconstruction Era Civil Rights Act, and the ADA. You get the full text -- with insightful analysis -- of the controversial Supreme Court rulings that led to the creation of the 1991 Act. Civil Rights in the Workplace provides coverage of legislative and other developments and new case law, including: Explanation of EEOC regulations applying 2008 amendments to ADA New Supreme Court case on and“catand’s pawand” theory New Supreme Court case extending Title VII retaliation claims to case in which adverse action was taken against fiancandé New Supreme Court case on when maintenance of a policy with disparate impact falls within a statute of limitations New Supreme Court case allowing retaliation claims based on oral complaints New state case holding that arbitration agreement did not divest state agency of investigative power New case finding arbitration agreement to be unconscionable New case law on relationship between ADA and FMLA New case law on statistical comparisons in disparate impact cases New court of appeals decisions allowing harassment and retaliation actions on behalf of gay employees Analysis of case finding and“Donand’t Ask, Donand’t Telland” policy to be unconstitutional and of subsequent repeal New case on sovereign immunity for state instrumentalities New court of appeals case agreeing that a Title VII was precluded by earlier Section 1983 action New case grappling with choice of law questions in international context
Download or read book Handbook of Employment Discrimination Research written by Laura Beth Nielsen and published by Springer Science & Business Media. This book was released on 2006-01-01 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is much to understand about employment discrimination law as a social system. What drives the growing trend toward litigation? To what extent does discrimination persist and why does it vary by organizational and market context? How do different groups perceive discrimination and what, if anything, do they do about it? How do employers respond to discrimination law? What is the effect of broader political and legal currents? What is the relationship between anti-discrimination law and social inequality? This book presents answers, from a distinguished group of scholars, and social scientists, offering a broad reconsideration of employment discrimination and its treatment in law.
Download or read book EEOC Compliance Manual written by United States. Equal Employment Opportunity Commission and published by . This book was released on 1992 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Manual on Employment Discrimination Law and Civil Rights Actions in the Federal Courts written by Charles R. Richey and published by . This book was released on 2003 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Mastering Employment Discrimination Law written by Paul M. Secunda and published by Carolina Academic Press LLC. This book was released on 2018 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of Mastering Employment Discrimination Law coincides with a defining moment in U.S. culture: the #metoo movement and the many sexual harassment scandals that have roiled American society. In addition to covering all procedural and substantive aspects of U.S. sexual harassment and sex discrimination law, the second edition also takes on a wide variety of employment discrimination law subjects. The book begins first with coverage and jurisdiction issues and then turns to complex federal and state procedural topics surrounding the filing of administrative charges of discrimination and civil lawsuits. Moreover, the book comprehensively addresses the substantive aspects of Title VII, the ADEA, the ADA (including recent amendments), the Equal Pay Act, and the Civil Rights Acts, as well as related issues such as remedies, attorney fees, and settlements. By adding Professor Joseph Seiner of the University of South Carolina School of Law¿a former attorney with the EEOC¿as a new co-author, the book has added substantial new focus on administrative topics and procedural issues in employment discrimination litigation.
