Download or read book Employment Discrimination Law Visions of Equality in Theory and Doctrine written by George Rutherglen and published by Foundation Press. This book was released on 2020-12-10 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an introduction to the field of employment discrimination law, both at the abstract level of theory and at the concrete level of doctrine. It is as much an introduction for experienced lawyers and scholars who come to this field with a thorough knowledge of other aspects of the law as for law students who have just begun preparing for their careers. The leading decisions of the Supreme Court receive a comprehensive analysis, in terms both of theory and doctrine, putting them in the context of the relevant statutory provisions and other judicial decisions. This book offers three different theoretical perspectives-based on history, economics, and critical social theory-to explain both the complexities and the tensions inherent in existing law. The new edition of this book addresses several major developments in the field, which have gone in two different directions: towards broader and more general prohibitions, and at the same time, towards exceptions recognized on a variety of grounds. The broad trend is epitomized by the Supreme Court's interpretation of Title VII's prohibition against sex discrimination to include discrimination on the basis of sexual orientation and gender identity. The Supreme Court took this step in the wake of constitutional decisions legitimizing gay and same-sex marriage. It also acted despite the repeated failure of bills in Congress that would have explicitly prohibited employment discrimination on the basis of sexual orientation and gender identity. The restrictive tendency is evident in decisions recognizing and expanding the constitutional right of religious organizations to choose ministers and teachers of faith regardless of the laws against employment discrimination. All of these major developments, and others as well, are covered in the new edition of this book.
Download or read book Employment Discrimination written by George Rutherglen and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hardbound - New, hardbound print book.
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 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 Employment Discrimination Stories written by Joel William Friedman and published by . This book was released on 2006 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Like all the other volumes in the Stories collection, this book provides students with a three dimensional picture of the most important cases that are addressed in nearly every employment discrimination casebook and course. These stories give the students and faculty members a deeper understanding of the historical and cultural background of the cases and an insight into their long term impact on the development of employment discrimination 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 New Developments in Employment Discrimination Law written by Oana ?tefan and published by Kluwer Law International B.V.. This book was released on 2012-11-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a data set of 696 documents – competition and state aid judgments, orders and opinions of the European Courts, and Advocates’ General opinions referring to various soft law instruments – this detailed textual and doctrinal analysis investigates the way in which the EU Courts deal with soft law, how the normative status of these instruments is acknowledged, and how their effects are recognized. It reveals that several ‘champion’ instruments feature frequently in the case law: the guidelines on fines and the leniency notice in competition law, the state aid instruments on aid to be granted to enterprises in difficulty, regional aid, de minimis aid, and aid to be granted to SMEs – all of them having in common the fact that they regulate highly litigated areas. The analysis treats issues such as the following: ; the pathway from judicial ignorance to judicial acknowledgement of soft law; ; the judicial creation of legal ‘hybrids’; the judicial review of soft law; the potential use of soft law as a ‘sword’ or as a ‘shield’ in a court of law; the distinction between legally binding force and legal effects; how soft law can produce legal effects through the operation of general principles of law such as legitimate expectations, legal certainty, or human rights; and how the Courts locate soft law on a strong constitutional pluralist background. Although the analysis might appear to relate to a fairly narrow spectrum of EU law, in fact the interaction of soft law and legal principles reaches into many diverse areas of law, and increasingly so in the twenty-first century. Consequently, this ground-breaking book will prove immeasurably valuable to any practitioner, academic, or policymaker interested in how the EU Court is fulfilling once again its constitutionalizing role, even in an area traditionally lacking formalism and conventions: that of soft instruments of governance.
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.
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 Employment Discrimination Law written by Janis L. McDonald and published by Prentice Hall. This book was released on 2006 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: Book Description: Integrating cases, theory, and commentary, this up-to-date book provides readers with a detailed discussion of the important issues in employment discrimination law. It gives learners at all levels access to the key cases and statutes in this area, to useful hypothetical, and to some of the latest thinking on these topics. Chapter topics focus on the issues that matter most in the field today--tracking the birth of modern employment discrimination law, its development, state employment discrimination laws, and the transformative or non-transformative effect of employment discrimination law. For lawyers, paralegals, corporate human resource departments, government agencies, and other government officials.
Download or read book Philosophical Foundations of Discrimination Law written by Deborah Hellman and published by OUP Oxford. This book was released on 2013-11-28 with total page 1041 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do we understand and justify the particular partialities that discrimination law tries to protect against? Are different discrimination laws from around the world grounded in a single set of norms? And does discrimination law fail to treat people as individuals? The philosophical study around discrimination law in the private and public sector is a relatively young field of inquiry. This is owing to the fact that anti-discrimination laws are relatively new. It is arguably only since the Second World War that these rights have been adopted by countries in a broad sense, ensuring that all citizens have civil rights and the right to non-discrimination. Theory around discrimination law has until recently been threefold, doctrinal in its approach, questioning equality - why it matters and why should it influence legislatures in the design of policy - and thirdly focusing on the issue of affirmative action. This volume takes a fresh look at the philosophy of discrimination law, identifying points of discussion in need of further study. It addresses how we are to understand and justify laws prohibiting discrimination. For instance, how discrimination might be best conceived - as a personal wrong or as an unfair distribution of resources. The volume then turns to a number of meta-theoretical questions, whether different discrimination laws are coherent and grounded in collectively held beliefs or are instead a collection of very different rules that have no underlying coherence. Lastly, the authors focus on issues in discrimination law that are currently the topic of considerable political debate. The questions raised here are urgent and necessary and it is the hope of the authors that other academics and philosophers may join in their discussions.
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 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks. 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 Statutory Supplement to Employment Discrimination Law written by and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Employment Discrimination written by SANDRA F. SPERINO and published by West Academic Publishing. This book was released on 2019-06-25 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides comprehensive treatment of the major federal employment discrimination statutes, focusing on Title VII, the ADEA, the ADA, and Section 1981. It discusses who is liable for discrimination and the people the statutes protect from discrimination. The book offers an extensive discussion of the frameworks for analyzing discrimination, including frameworks for individual disparate treatment, pattern or practice, harassment, disparate impact, and retaliation. One chapter focuses on religious accommodation and another chapter focuses on disability accommodation. The book also contains separate treatment of affirmative action. It also explores defenses to discrimination claims, the procedure for pursuing claims, and remedies. The book provides extensive discussion of canonical cases.
Download or read book Employment Discrimination Law written by Maria L. Ontiveros and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hardbound - New, hardbound print book.
Download or read book Working Law written by Lauren B. Edelman and published by University of Chicago Press. This book was released on 2016-11-28 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the passage of the Civil Rights Act, virtually all companies have antidiscrimination policies in place. Although these policies represent some progress, women and minorities remain underrepresented within the workplace as a whole and even more so when you look at high-level positions. They also tend to be less well paid. How is it that discrimination remains so prevalent in the American workplace despite the widespread adoption of policies designed to prevent it? One reason for the limited success of antidiscrimination policies, argues Lauren B. Edelman, is that the law regulating companies is broad and ambiguous, and managers therefore play a critical role in shaping what it means in daily practice. Often, what results are policies and procedures that are largely symbolic and fail to dispel long-standing patterns of discrimination. Even more troubling, these meanings of the law that evolve within companies tend to eventually make their way back into the legal domain, inconspicuously influencing lawyers for both plaintiffs and defendants and even judges. When courts look to the presence of antidiscrimination policies and personnel manuals to infer fair practices and to the presence of diversity training programs without examining whether these policies are effective in combating discrimination and achieving racial and gender diversity, they wind up condoning practices that deviate considerably from the legal ideals.
