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: Samuel Estreicher
Publisher: Kluwer Law International
Release Date: 2011
Barack Obama's famous "Blueprint for Change," part and parcel of the campaign that culminated in his historic election as U.S. president in November 2008, openly announced his support for the Employee Free Choice Act (H.R. 1409) suggesting that major change was imminent in U.S. labor and employment law. Although promised legislative change has yet to materialize, there appears to be a growing consensus that the current system for addressing employment disputes in union-represented and non-union workplaces deserves renewed attention and needs significant restructuring. Thus, the issues taken up by this prominent U.S. conference remain relevant to policy debates which will likely continue to rage in the United States for years to come. Based on papers delivered at the 2009 conference of the New York University School of Law's Center on Labor and Employment Law - the 62nd in this venerable and highly influential series - the book presents articles updated by the authors to reflect more recent developments, as well as new papers to ensure a comprehensive and current analysis of both what has actually changed and which trends seem to be gaining momentum. Twenty-two outstanding scholars and practitioners in U.S. labor law and practice pay special attention to such issues as the following: mandatory arbitration of employment disputes in non-union sector; call for improved administration of the National Labor Relations Act in expediting elections and reinstating discriminatees; more privatized forms of dispute resolution such as arbitration and mediation; card-check and neutrality agreements bypassing government processes; proposed reform of the Age Discrimination in Employment Act; evaluating market-based defenses to pay equity claims; EEOC initiatives in public enforcement of equality law; and challenges to labor relations in state and local governments.
Author: Adrienne J. Colella
Publisher: Oxford University Press
Release Date: 2017-12-12
Increasing workplace diversity has given rise to growing intergroup challenges that persistently manifest in discrimination. An emerging science in psychology, sociology, and management has yielded useful evidence to be brought to bear on the important problem of discrimination, but current literature is either focused on social (rather than work) settings, on legal (rather than interpersonal) issues, or on the general phenomenon of diversity instead of the social problem of discrimination in action. Edited by Adrienne J. Colella and Eden B. King, The Oxford Handbook of Workplace Discrimination provides readers with a broad and interdisciplinary review of state-of-the-art research on discrimination in the workplace. In this volume, Colella, King, and their contributing authors tackle the unique experiences of people from diverse perspectives and communities (including religious minorities, gay and lesbian workers, and people with disabilities); the myriad of ways in which discrimination can manifest and its overall consequences; explanations for discrimination; and strategies for reduction. This Handbook will propel future scholarship by clearly outlining the substantive questions, methods, and issues for the future ahead.
Author: Laura Beth Nielsen
Publisher: Princeton University Press
Release Date: 2009-01-10
Offensive street speech--racist and sexist remarks that can make its targets feel both psychologically and physically threatened--is surprisingly common in our society. Many argue that this speech is so detestable that it should be banned under law. But is this an area covered by the First Amendment right to free speech? Or should it be banned? In this elegantly written book, Laura Beth Nielsen pursues the answers by probing the legal consciousness of ordinary citizens. Using a combination of field observations and in-depth, semistructured interviews, she surveys one hundred men and women, some of whom are routine targets of offensive speech, about how such speech affects their lives. Drawing on these interviews as well as an interdisciplinary body of scholarship, Nielsen argues that racist and sexist speech creates, reproduces, and reinforces existing systems of hierarchy in public places. The law works to normalize and justify offensive public interactions, she concludes, offering, in essence, a "license to harass." Nielsen relates the results of her interviews to statistical surveys that measure the impact of offensive speech on the public. Rather than arguing whether law is the appropriate remedy for offensive speech, she allows that the benefits to democracy, to community, and to society of allowing such speech may very well outweigh the burdens imposed. Nonetheless, these burdens, and the stories of the people who bear them, should not remain invisible and outside the debate.
Author: Joseph Sanders
Publisher: Springer Science & Business Media
Release Date: 2001-01-31
This handbook provides a comprehensive cross-disciplinary perspective on the role of justice research in studies of the legal system. Leading authorities from sociology, political science, criminology, psychology, and law analyze justice research, including the various dimensions of justice, the interaction among these dimensions, and the relationship between law and culture. Featured are in-depth discussions of retribution/revenge and distributive and procedural justice.
Author: Alan Bogg
Publisher: Edward Elgar Publishing
Release Date: 2016-12-30
Research Handbook on EU Labour Law features contributions from leading scholars in the field. Part I addresses cross-cutting themes, such as the relationship between EU law and national law, the role of human rights in EU labour law, and the impact of austerity measures. In Part II, the contributors focus on topics in individual and collective labour law at EU level, including working time and job security. Finally, Part III offers a comprehensive overview of the EU’s interventions in equality law.
Author: Lisa Guerin
Release Date: 2016-04-18
Genre: Business & Economics
This book is an invaluable resource for managers, supervisors, HR professionals, and anyone else who needs to know about federal employment laws. It takes the 20 most important federal workplace laws and breaks them down into plain English, chapter by chapter. Managers and HR professionals can pick up this easy-to-use reference guide any time they have questions about their obligations under federal employment laws.
Author: Evan Gerstmann
Publisher: University of Chicago Press
Release Date: 1999-04-01
When the Supreme Court struck down Colorado's Amendment 2—which would have nullified all state and local laws protecting gays and lesbians from discrimination—it was widely regarded as a victory for gay rights. Yet many gays and lesbians still risk losing their jobs, custody of their children, and even their liberty under the law. Using the Colorado initiative as his focus, Gerstmann untangles the complex standards and subtle rhetoric the Supreme Court uses to apply the equal protection clause. The Court divides people into legal classes that receive varying levels of protection; gays and lesbians and other groups, such as the elderly and the poor, receive the least. Gerstmann reveals how these standards are used to favor certain groups over others, and also how Amendment 2 advocates used the Court's doctrine to convince voters that gays and lesbians were seeking "special rights" in Colorado. Concluding with a call for wholesale reform of equal-protection jurisprudence, this book is essential reading for anyone interested in fair, coherent, and truly equal protection under the law.
Author: Marion Jansen
Publisher: International Labour Organisation
Release Date: 2014-01-30
Genre: Business & Economics
Although the effect of trade on employment is a popular point of economic debate, there are very few factual assessments available. This book examines the most recent evidence and provides guidance for the design of tools to assess more accurately the employment impacts of trade. Trade and Employment argues for strengthening the micro-foundations of models used to evaluate the employment effects of trade and for including the informal economy and adjustment processes in modeling efforts. It emphasizes the role of governments in helping firms survive or grow, in providing social protection to protect against external shocks, in addressing gender equity, and in building physical infrastructure and human skills bases that facilitate export diversification. It is a valuable resource for all those interested in the debate on the employment effects of trade: workers and employers, academics and policymakers, and trade and labor specialists.
Author: Robert Post
Publisher: Duke University Press
Release Date: 2001-10-19
InPrejudicial Appearancesnoted legal scholar Robert C. Post argues that the true motivation behind anti-discrimination laws should be acknowledged: that they exist not to uphold the inherent dignity of persons but to change society, to make it better and more just. Claiming that the prevailing logic - that of upholding dignity - is misguided, Post lobbies against obscuring the laws' legitimate goals. Each of the four distinguished commentators who respond to Post's evocative essay brings a distinctive perspective to this re-conception. K. Anthony Appiah investigates the logic of stereotyping. Thomas C. Grey examines whether Post's proposal can be reconciled with the values of the rule of law. Questioning whether the law ought to endorse any concept of a social practice that defines persons, Judith Butler explores the tension between post-modern and deconstructive approaches to anti-discrimination. And Reva B. Siegel applies critical race theory to query whether anti-discrimination law's reshaping of race and gender should best be understood in terms of practices of subordination. By representing the variety of views that have been propagated in attempting to reconceive the thrust of anti-discrimination law, both students and scholars interested in the relationships among law, rhetoric, postmodernism, race, and gender will be enriched byPrejudicial Appearances.