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.
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: Barbara Lindemann
Publisher: Bureau of National Affairs (BNA)
Release Date: 2012
"The Section of Labor and Employment Law is pleased to provide this Fifth Edition to its classic treatise on employment discrimination law as part of its library of books published by Bloomberg BNA. The combined efforts of many individual editors recruited by the Section's Committee on Equal Employment Opportunity Law are reflected in this work, as described in the Preface and the listing of the Board of Editors". -- FOREWORD.
Author: Thomas R. Haggard
Release Date: 2009-07-29
Employment discrimination law is like a huge jigsaw puzzle—albeit one with many missing and mismatched pieces, which are constantly being changed. The purpose of Understanding Employment Discrimination Law is to clarify the differences, uncertainty, and complexity of employment discrimination law. The Second Edition deals with all the watershed Supreme Court decisions since 2002 and otherwise expands and updates the coverage of the prior edition.
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: Roger Blanpain
Publisher: Kluwer Law International
Release Date: 2008
No one doubts the evils of invidious discrimination, or that prohibition of employment discrimination is a valid cause. Formal anti-discrimination laws applicable to employment exist in many countries. Yet discrimination seems to persist, and substantive equality remains elusive, in employment as in other walks of life. What are legislators doing to close this gap? That is the central question addressed by the eight national employment law experts whose papers originally presented at the Ninth Tokyo Seminar on Comparative Labour Law, held in February 2008 are presented here in revised versions. The eight countries represented are the United States, the United Kingdom, Germany, France, Australia, Korea, Taiwan and Japan. The topics and issues examined by each national contributor include the following: a brief historic overview and notable recent developments; statutes to prohibit discrimination on grounds of race/ethnicity, sex, religion/beliefs, age, disability, sexual orientation and employment status (such as part-time and fixed-term contract); special laws regarding wages, such as equal pay between men and women; constitutional basis for anti-discrimination statutes; typical cases of employment discrimination; justifiable grounds for distinction or disparity; so-called indirect discrimination; comparison of treatment of newer types of discrimination (e.g. age, disability, employment status) with treatment of traditional ones (e.g. race, sex); important issues of remedial procedure regarding employment discrimination cases; relationship between employment discrimination law and employment policy considerations; effect on employment practices of age discrimination and employment-status discrimination laws; measures to promote employment of elderly or disabled people; merits and demerits of addressing employment issues from the standpoint of and‘discriminationand’; and the most important issue of employment discrimination in each country today This book demonstrates that, while the growing importance of this area is commonly observed, there are differences in specific grounds covered by law and in the legal and societal contexts in which they came to be addressed. Nonetheless, it is definitely necessary and beneficial to learn from the systems and actual experiences of other countries, and these detailed descriptions and analyses provide invaluable information for this purpose for both practitioners and academics.
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: 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: Arthur B. Smith Jr.
Release Date: 2011-06-01
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-retaliation proscription.
Author: Aspen Health Law Center
Publisher: Jones & Bartlett Learning
Release Date: 1998
Genre: Health & Fitness
In this practical volume, you'll get a comprehensive overview of how federal discrimination laws affect you, the health care employer, the types of services you provide, and the jobs you have to fill. Includes statutes and court rulings relevant to health care. With this shift your legal risk as a provider increases dramatically. Learn what you need to do now to assess your transactions with physicians to make sure that they comply with a variety of laws.
Author: Mack Player
Publisher: West Academic
Release Date: 2017-08-10
This text is designed to assist students -- both law and undergraduate -- to achieve a basic understanding of this complex area of the law, and provide an up to date review for the practitioner. The focus is upon Title VII of the Civil Rights Act of 1964 (race, national origin, sex, and religious discrimination), the Age Discrimination in Employment Act, and the Americans with Disabilities Act as applied to the workplace. The book addresses the method of proving violations, both disparate treatment and disparate impact analysis, including a brief primer of statistical proof, as well as the defenses to the express use of proscribed classifications. Finally, the book provides a quick reference to the complex procedural and remedial provisions of the statutes.