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 The Evolution of Employment Discrimination Law written by Michael Selmi and published by . This book was released on 2015 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt: Times change, and when they do, the law must as well. Much of the most important employment discrimination case law was established in the 1970s during an era when discrimination was both overt and pervasive. Moving forward forty years, discrimination has receded dramatically and is no longer seen as a default explanation for workplace decisions or statistical imbalances in a workforce. At the same time, the discrimination that remains is more complex, more subtle in nature and more difficult to identify. This article explores how the Supreme Court has navigated the declining but more complex nature of employment discrimination. In a series of recent cases, including the landmark sex discrimination case of Wal-Mart v. Dukes, the Supreme Court has embarked on a judicial updating of the foundation of employment discrimination law with the Court quietly announcing that the old case law no longer fits contemporary claims of discrimination. In other words, what counted as discrimination in the 1970s no longer does today. Despite the criticism the Court has received for its decisions, I conclude that the Court was right to shed its old doctrine as the inferences of discrimination that were permissible during an earlier era fail to account for our changed social conditions. The real problem with the Court's recent updating of the doctrine is not the shedding of the old but what it has left in its place - the Supreme Court has failed to adapt its doctrine to capture the complexities of modern discrimination, thus leaving a substantial gap between what the law defines as discrimination and what we know about the difficulties of uncovering subtle discrimination. This article also critiques the recent academic emphasis on “implicit bias” and instead offers some suggestions for moving forward in a way that might better adapt the legal doctrine to the complexities of modern discrimination. This includes the use of testers to document workplace discrimination, more emphasis on educating courts and jurors regarding the nature of subtle discrimination (not implicit bias) and the role employer self-interests might play in bringing greater diversity to the workplace.
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 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 Updates and Commentary on Employment Discrimination Law 2020 written by Marcia McCormick and published by Aspen Publishing. This book was released on 2019-11-20 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: Updates and Commentary on Employment Discrimination Law 2020, reviews developments in the field of employment discrimination law during the past year, with some notable developments from prior years where particularly influential. The review offers edited versions of some of the most important cases, summaries of other cases, and summaries of enacted and proposed legislation for an audience of researchers, students, and practitioners. The update is designed to quickly bring readers up to date with new developments in the field. Hot topics discussed include the continuing evolution in the law concerning arbitration, developments in methods of proof in disparate treatment cases, limitations on the reach of disparate impact claims, developments in mixed motives cases, new commentary and legislation connected with the #MeToo movement, developments connected with the gender pay gap, expansion of antidiscrimination protection to natural hair styles, developments in antidiscrimination protection of LGBTQ+ employees, and an upsurge in defenses based on claims of religious freedom.
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 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 Foundations of Employment Discrimination Law written by John J. Donohue and published by Oxford University Press, USA. This book was released on 1997 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foundations of Employment Discrimination Law, part of the Interdisciplinary Readers in Law Series, looks at the moral and philosophical issues of employment and discrimination, featuring readings from Isaiah Berlin, Owen Fiss, and Milton Friedman. It covers the general development of the law, and devotes a section each to race discrimination, sex discrimination, and age and disability discrimination. Within each section Donohue considers the theories, economic issues, and the impact of the law, and includes a selection of critical perspectives
Download or read book New Developments in Employment Discrimination Law written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Estudo comparado sobre o tratamento dado à discriminação no emprego no Direito do trabalho dos seguintes países:Estados Unidos, Reino Unido, Alemanha, França, Austrália, Coréia, Formosa, Japão.
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 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 Employment Discrimination Law written by Arthur B. Smith and published by MICHIE. This book was released on 1982 with total page 1076 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Employment Discrimination Law written by Barbara Lindemann and published by . This book was released on 1983 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Black Labor and the American Legal System written by Herbert Hill and published by Univ of Wisconsin Press. This book was released on 1985 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covering the period from the abolition of slavery through the events that preceded and affected the adoption of the Civil Rights Act of 1964, Black Labor and the American Legal System examines the major legislative and legal developments relating to the employment discrimination. The historical consequences of the racial practices of employers and organized labor, as well as of the federal government, are analyzed within the context of law and social change. The evolution of federal labor policy is traced through key decisions of the National Labor Relations Board and the courts as they have interpreted the application of labor law to racial 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 Law written by Arthur B. Smith and published by . This book was released on 1980 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
