Highly respected ADR authors Michael Moffitt and Andrea Schneider bring their considerable experience and expertise to the proven-effective E & E series pedagogy. Dispute Resolution combines introductions to theory with practical exercises in decision analysis, problem solving, and various forms of conflict resolution. Features: Updated and streamlined coverage of arbitration, in light of recent Supreme Court cases Expanded and updated treatment mediation confidentiality, ethics, and the enforcement of mediation agreements Revised materials on Fraud and other negotiation misconduct Includes recent U.S. Supreme Court opinions, state and federal legislative changes, and common contractual modifications Cites and references to principal cases used in most leading casebooks
Author: Richard A. Epstein
Publisher: Harvard University Press
Release Date: 1995
Genre: Business & Economics
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
Author: Michael J. Zimmer
Publisher: Wolters Kluwer Law & Business
Release Date: 2017-09-13
The ninth edition of the best-selling Cases and Materials on Employment Discrimination 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 and proven in litigation. The text allows professors to explore particular interests more deeply and permits them to take not only a litigation approach but also explore the compliance, investigation, and counseling perspectives that are characteristic of modern practice. The broad coverage integrates scholarship with legal doctrine drawn from statutes and judicial decisions. The useful Statutory Supplement is available for separate purchase. Key Benefits: Young v. UPS (reconceptualizing pregnancy discrimination). Nassar v. Uni. of Texas Sw. Med. Ctr. (requiring but-for causation for Title VII retaliation claims) Vance v. Ball State Univ. (narrowing the definition of supervisor for purposes of employer liability for sexual harassment) EEOC v. Abercrombie & Fitch (reconceptualizing claims of religious discrimination). New circuit court decisions on sexual orientation discrimination under Title VII. Streamlined coverage. Materials have been reworked, thus reducing page count by 100 pages.
Author: Joseph A. Seiner
Publisher: Wolters Kluwer Law & Business
Release Date: 2015-08-28
This streamlined, straightforward casebook offers a fresh perspective on employment discrimination law, presenting a procedural-based approach (lacking in other texts) to the topic with interactive materials throughout the text. While still providing the traditional employment discrimination casebook coverage, this text 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. Cases are modern and cutting-edge, demonstrating the importance of employment discrimination law. Each chapter includes a chapter-in-review, and summary charts and graphs are used throughout the text to further student comprehension. Text boxes within cases, historical notes, and news events are all effectively used to help bring the material to life in an innovative new way. Features: Streamlined and straightforward organization offers hands-on approach for students Comprehensive coverage addresses core statutory and regulatory provisions (including discrimination on the basis of race, color, sex, national origin, religion, disability and age). Recent Supreme Court cases (including UPS, Abercrombie & Fitch, Ricci, Wal-Mart, and Ledbetter) emphasize skills-based approach to learning Best Practices chapter examines ways to address workplace discrimination, from both theoretical and legal perspective Interactive problems at the start of each chapter introduce important concepts and are followed up throughout the chapter to expand on the material Visual aids such as photos, graphs, tables, and flow charts help enliven the presentation and clarify the concepts Post-case notes/questions (including Historical and Newsworthy notes) offer additional insight Class exercises help foster group discussion Practice tips and procedural points situate the student in the role of a practicing lawyer Chapter-in-Review allows students the opportunity to verify their understanding of material The purchase of this Kindle edition does not entitle you to receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. In order to receive access to the hypothetical questions complemented by detailed explanations found in the Examples & Explanations, you will need to purchase a new print casebook.
Author: Frank J. Landy
Publisher: John Wiley & Sons
Release Date: 2005-01-21
Genre: Business & Economics
This practical resource includes perspectives from the point of view of both plaintiff and defendant for cases involving questions of race, gender, disability, and age. In addition, it offers an overview of the process by which complaints are filed, the statutes under which they are filed, and the authority represented by various case law. Employment Discrimination Litigation will illuminate myriad issues such as Daubert motions, class certification issues, the setting of cut scores that will withstand challenge, common statistical analyses of adverse impact, and merit-based issues. Employment Discrimination Litigation also Presents a temporal description of a typical employment discrimination case from start to finish Outlines the major guidelines that are often invoked in employment litigation—the A.P.A. Standards, Uniform Guidelines, and SIOP Principles Reviews litigation related to the Fair Labor Standards Act References written judicial opinions that relate the activities and devices most often employed by industrial and organizational psychologists
Author: Andrew H. Friedman
Release Date: 2017-06-23
A practical work for experienced plaintiff and defense lawyers. Proven tactics, pattern arguments, common mistakes, and over 100 forms for evaluation, discovery, summary judgment, trial preparation, and mediation.
Author: Yuwen Li
Publisher: Martinus Nijhoff Publishers
Release Date: 2009
Employment discrimination is present in any society. However, this severe social problem has escalated in the post-Mao era in China. The imbalance between supply and demand in the labour market, combined with a lack of general consciousness regarding labour rights, have contributed to the swift spread of discrimination. This book contains the most recent research on the reality of discrimination in China, and advocates for effective employment equality protection through law and specialised equality institutions. The study of equal treatment in the legal systems of the EU illustrates the important contribution law, together with general policies, can make to the improvement of equality in employment. While both systems face a distinctive range and degree of problems, employment discrimination ought to be taken seriously in China and the countries of the EU.
Author: Laura Beth Nielsen
Publisher: Springer Science & Business Media
Release Date: 2006-01-16
Genre: Social Science
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.
Author: Ann C. McGinley
Publisher: NYU Press
Release Date: 2016-05-31
In late October 2013, the Miami Dolphins’ player Jonathan Martin walked out on his team and checked into a mental health institution. The original story implied that Martin could not take the professional pressure. Within days, the story changed. News sources reported that Martin’s teammates had repeatedly bullied him and as a result, the twenty-four year-old African American player suffered serious depression. The response was skeptical, and many opined the harassment involved was simply locker room banter that all players endure; essentially, that boys will be boys. Masculinity at Work uses the Jonathan Martin case and others to analyze Title VII of the Civil Rights Act of 1964 through the lens of masculinities theory. Illustrating how harassment and discrimination can occur because of sex even if the gendered nature of the behavior remains unseen to onlookers, this book educates readers about the invisibility of masculine structures and practices, how society constructs concepts of masculinity, and how men (and sometimes women) perform masculinity in different ways depending on their identities and situational contexts. Using a sophisticated mix of legal, gender, and social science analysis, the author demonstrates how masculinities theory can also offer significant insights into the behaviors and motivations of employers, as well as workplace structures that disadvantage both men and women who do not conform to gender stereotypes. Both a theoretical disposition and a practical guide for legal counsel and judges on the interpretation of sex and race discrimination cases, Masculinity at Work explains how this theory can be used to interpret Title VII in new, liberating ways.
Author: Susan Grover
Release Date: 2013-12-06
Students will be better prepared for professional life if they leave law school with an ability to conceptualize legal theory, a sensitivity to the contexts in which legal rules operate and a concrete understanding of the lawyer's role as a professional problem solver. While retaining the methods used in traditional legal education, this text uses numerous exercises designed to engage students beyond the realm of traditional legal reasoning and to develop a core skill set crucial to employment discrimination attorneys. Employment Discrimination: A Context and Practice Casebook asks students to view legal problems through different lenses, from the perspective of 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. It helps students gain an understanding of what each of these individuals might consider in resolving a legal problem. The exercises' fact patterns involve both litigation and transactional contexts to help students understand the multi-faceted roles of employment discrimination attorneys. Perhaps most importantly, this book also tries to help students understand how the policy and theory underlying discrimination law affect the doctrine. The book contains numerous problems challenging students to question the underlying theory of American employment discrimination law and to consider how the law might work differently if it were based on a different set of theoretical assumptions. One of the highlights of the text is the Capstone Experience. The Capstone Experience gives students an opportunity to combine the theoretical, doctrinal, historical, and practical knowledge they have gained throughout the casebook and to use that knowledge to resolve real-world problems. The Capstone Experience provides five different exercises, each focusing on a different skill set. This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the University of Arkansas at Little Rock Bowen School of Law.
Author: Michael Evan Gold
Publisher: Cornell University Press
Release Date: 2001
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.