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: Joel W. Friedman
Release Date: 1991-10-01
Toward the end of its 1988 term, the Supreme Court rendered a series of decisions that altered long-standing precedent in a number of areas of employment discrimination doctrine. Those decisions, most of which are included in this supplement as principal cases, and the revised note material necessitated by the changes in the law, account for the bulk of this supplement. The Court's employment discrimination decisions during the term of court that just ended are fewer in number and doctrinally less important that the previous year's cases. Those decisions are discussed in substantial detail, along with significant decisions from the lower courts, in the revised note material.-Pref.
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.
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: Joel Friedman
Publisher: Foundation Press
Release Date: 2017-04-15
This casebook covers all major aspects of employment discrimination law, including benchmark legislative, administrative, and judicial developments. Due in part to frequent updates and revisions, it has received accolades as one of the most comprehensive and frequently updated texts on the market. The 11th Edition continues this tradition by seamlessly incorporating all major legislative and judicial developments through February 2017, accompanied by textual notes and questions that explore issues answered or left unanswered by this jurisprudence.
Author: Rebecca Hanner White
Publisher: Aspen Publishers
Release Date: 1998
EMPLOYMENT LAW AND EMPLOYMENT DISCRIMINATION: Essential Terms and Concepts has more depth than the 'dictionary-type' references, but is intended for use alongside any of the leading casebooks. This succinct but substantive overview will be welcomed by students and instructors alike for its: concise and practical account of employment law and employment discrimination lucid explanations of essential terms, concepts, and doctrines helpful examples that clarify important concepts realistic hypotheticals Organized to parallel current casebooks, the book covers: basic concepts, such as job security, privacy interests, health and safety, wages, hours and benefits, employees' obligations, and preemption of state law claims the Employment-at-Will doctrine, as well as contract erosions and tort law erosions of the doctrine other tort claims arising from employment, such as fraud, the intentional infliction of emotional distress, defamation, and negligent hiring federal statutory protection against on-the-job discrimination the National Labor Relations Act: Collective Rights -- Occupational Safety and Health Act arbitration. This comprehensive overview supplies enlightening explanations of a wide range of subjects -- from implied-in-faith contracts to trade secrets and everything in between--without getting lost in the complexities of the details of cases and legislation.
Author: Margaret C. Jasper
Publisher: Oxford University Press
Release Date: 2008
Employment discrimination refers to the illegal practice of making employment decisions based on an employee's age, race, sex, religion, national origin, or physical disability. This almanac examines Title VII of the Civil Rights Act of 1964, as amended, the primary federal anti-discrimination statute, and the role of the United States Equal Employment Opportunity Commission (EEOC) in interpreting and enforcing the provisions of the Act. This almanac also explores other federal statutes that prohibit employment discrimination, including the Americans with Disabilities Act of 1990 (ADA), which prohibits employment discrimination against individuals with disabilities, and the Age Discrimination in Employment Act of 1967 (ADEA), which prohibits discrimination against individuals because of their age. Further, this almanac examines the state laws that are patterned after the federal statutes, some of which also extend protection to additional groups not covered by federal law. The Appendix provides applicable statutes, resource directories, and other pertinent information and data. The Glossary contains definitions of many of the terms used throughout the almanac.
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: 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: 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: 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.