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 Allen Epstein and published by . This book was released on 1992 with total page 562 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 system of governmental regulation.
Download or read book An Introduction to the Law of Employment Discrimination written by Michael Evan Gold and published by Cornell University Press. This book was released on 2001 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of An Introduction to the Law of Employment Discrimination summarizes the federal laws that prohibit employment discrimination on the basis of race, sex, religion, national origin, age, and disability. Several major statutes, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, Title I of the Americans with Disabilities Act, and the Equal Pay Act, protect American workers from discrimination. In this handy reference guide, Michael Evan Gold discusses complex legislation in lucid, understandable terms. In his discussion of each statute, the author provides such information as: who is protected by the statute; who must obey the statute; principal definitions of discrimination together with numerous examples; ways of proving discrimination; reasonable accommodation; defenses to discrimination; retaliation; remedies; and procedures for bringing a claim.
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 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 Employment Discrimination written by Sandra F. Sperino and published by . This book was released on 2019-04 with total page 740 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook, originally with lead author Susan Grover, asks students to view legal problems from different perspectives, such as a plaintiff's lawyer, a judge, an in-house counsel, a defense attorney, a victim of discrimination, a person accused of discrimination, a human resources professional, and an employer. Notable changes to the third edition include additional practice exercises and updated materials on disability discrimination, religious discrimination, pregnancy discrimination, and sexual orientation discrimination. In particular, the chapter on protected traits and special issues has been modified to reflect recent developments in employment discrimination law.
Download or read book Employment Discrimination written by Stephen J. Vodanovich and published by Oxford University Press. This book was released on 2022 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The U.S. civil court system consists of three levels: 1) District Courts ("Trial Courts"), 2) Circuit Courts of Appeal ("appellate courts") and 3) the Supreme Court (see Figure 1.1). The United States has a total of 94 districts, representing distinct geographic regions (see Table 1.1). The number of districts varies by state. For instance, some states have only one district (e.g., Arizona, Colorado, Delaware), while others have multiple districts, such as California, Florida, and Michigan (e.g., Southern District of California, Central District of California)"--
Download or read book Employment Discrimination written by George Rutherglen and published by Foundation Press. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook is a pluralistic and yet concise introduction to the doctrine and theory of employment discrimination law. The new edition covers all the recent Supreme Court decisions and federal legislation in this field, including the ADA Amendments Act and the Lilly Ledbetter Fair Pay Act, and it analyzes the effect of these developments on prior decisions of the Supreme Court. It covers discrimination on the basis of race, national origin, sex, religion, age, and disability, and provides economic and political analysis from a wide range of different perspectives, both liberal and conservative. Comprehensive notes survey the current state of the law, raise questions for class discussion, and address the continuing controversies in this field. A Teacher's Manual contains brief summaries of all cases, offers additional commentary on selected issues, and provides further questions for students beyond those provided in the casebook itself. A supplemental CD is available with PowerPoint slides, a text of cases, and statutes. The Teacher's Manual is also offered on CD, thus allowing professors to modify the materials as desired.
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 Examples Explanations for Employment Discrimination written by Joel Wm. Friedman and published by Aspen Publishing. This book was released on 2020-10-09 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Fourth Edition of Employment Discrimination: Examples & Explanations Joel Friedman utilizes the time-tested Examples and Explanations format to expand on employment law and include new content based on recent changes to employment discrimination law. New to the Fourth Edition: Title VII: Application to Claims of Sexual Orientation, Transgender Status and Gender Identity-Based Discrimination Title VII Procedure: Relationship between Scope of EEOC Charge and Civil Action Title VII Procedure: Availability of Class-Wide Arbitration Section 1981 Mixed Motive Claims Unavailable Age Discrimination in Employment Act: No minimum employee size requirement for public sector workers Age Discrimination in Employment Act: Federal government workers can establish liability with a mixed motive claim but will need to establish but for causation to receive affirmative relief Professors and students will benefit from: Includes references to all important developments through Supreme Court’s 2019-2020 term
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 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 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 Employment Discrimination Law written by Abigail C. Modjeska and published by . This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Rachel Croskery-Roberts and published by Aspen Publishing. This book was released on 2014-10-30 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employment Discrimination Law is an innovative new skills-based text designed for flexible use. To add a skills component to lecture courses, it can be used in conjunction with traditional casebooks, and is also an ideal text for a free-standing practicum or seminar. Employment Discrimination Law functions as a "course in a box" providing readers with basic background law, including constitutional and statutory law governing the employment relationship; general drafting principles important to lawyers in any field as well as an overview of drafting issues specific to employment discrimination law; an introduction to the key research strategies and sources; an overview of the ethical issues likely to arise; and a solid preview of client counseling, negotiation strategy, and preventative lawyering. The text features a combination of text, sample documents, checklists, charts, and exercises. These well-crafted exercises, for students to complete individually or in groups, range from discrete questions to be researched and answered in a 5-minute small-group class session to much more detailed problems that could serve as final evaluative documents. Employment Discrimination Law is an innovative new skills-based text designed for flexible use. To add a skills component to lecture courses, it can be used in conjunction with traditional casebooks, and is also an ideal text for a free-standing practicum or seminar. Employment Discrimination Law functions as a "course in a box" providing readers with basic background law, including constitutional and statutory law governing the employment relationship; general drafting principles important to lawyers in any field as well as an overview of drafting issues specific to employment discrimination law; an introduction to the key research strategies and sources; an overview of the ethical issues likely to arise; and a solid preview of client counseling, negotiation strategy, and preventative lawyering. The text features a combination of text, sample documents, checklists, charts, and exercises. These well-crafted exercises, for students to complete individually or in groups, range from discrete questions to be researched and answered in a 5-minute small-group class session to much more detailed problems that could serve as final evaluative documents.
Download or read book Employment Discrimination Law written by Dianne Avery and published by West Academic Publishing. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the federal statutory protection against employment discrimination, highlighting the themes of workplace equality that are embodied in the civil rights laws. Additional nondiscrimination rights that arise under the U.S. Constitution and some state human rights laws are also explored. Like prior editions, this edition features many recent cases and new federal statutes, as well as diverse contemporary scholarship drawn from critical race theory, feminist legal theory, history, social science, and law and economics, among other disciplines. The authors' extensive materials framing the cases are designed to prepare students thoroughly for practice in this rapidly changing field of law.
