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Author :
Publisher :
ISBN 13 : 9781402436703
Total Pages : 1196 pages
Book Rating : 4.4/5 (367 download)
Download or read book Employment Discrimination Law & Litigation, 2020 written by and published by . This book was released on 2020 with total page 1196 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ellen Berrey
Publisher : University of Chicago Press
ISBN 13 : 022646699X
Total Pages : 366 pages
Book Rating : 4.2/5 (264 download)
Download or read book Rights on Trial written by Ellen Berrey and published by University of Chicago Press. This book was released on 2017-06-22 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer: racist jokes, signs reading “KKK” in his work area, and even questions from coworkers as to whether he had sex with his daughter as slaves supposedly did. He had an unusually strong case, with copious documentation and coworkers’ support, and he settled for $50,000, even winning back his job. But victory came at a high cost. Legal fees cut into Mr. Handley’s winnings, and tensions surrounding the lawsuit poisoned the workplace. A year later, he lost his job due to downsizing by his company. Mr. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. In the decades since the civil rights movement, we’ve made progress, but not nearly as much as it might seem. On the surface, America’s commitment to equal opportunity in the workplace has never been clearer. Virtually every company has antidiscrimination policies in place, and there are laws designed to protect these rights across a range of marginalized groups. But, as Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen compellingly show, this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they’ve lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling “held up” by what they see as frivolous cases. And even when the case is resolved in the plaintiff’s favor, the conditions that gave rise to the lawsuit rarely change. In fact, the contemporary approach to workplace discrimination law perversely comes to reinforce the very hierarchies that antidiscrimination laws were created to redress. Based on rich interviews with plaintiffs, attorneys, and representatives of defendants and an original national dataset on case outcomes, Rights on Trial reveals the fundamental flaws of workplace discrimination law and offers practical recommendations for how we might better respond to persistent patterns of discrimination.
Author : Marcia McCormick
Publisher : Aspen Publishing
ISBN 13 : 1543822193
Total Pages : 94 pages
Book Rating : 4.5/5 (438 download)
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.
Author : Florida Bar. Continuing Legal Education
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (713 download)
Download or read book Employment Law Litigation Strategies written by Florida Bar. Continuing Legal Education and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Rachel Croskery-Roberts
Publisher : Aspen Publishing
ISBN 13 : 1454819006
Total Pages : 307 pages
Book Rating : 4.4/5 (548 download)
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.
Author : Joseph A. Seiner
Publisher : Aspen Publishing
ISBN 13 : 1543857817
Total Pages : 1045 pages
Book Rating : 4.5/5 (438 download)
Download or read book Employment Discrimination written by Joseph A. Seiner and published by Aspen Publishing. This book was released on 2023-01-31 with total page 1045 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. 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, 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. Modern, cutting-edge cases demonstrate the importance of employment discrimination law. Chapter-in-review sections, summary charts, and graphs are used throughout to further student comprehension. Text boxes within cases, historical notes, and news events effectively help bring the material to life. ?New to the 3rd Edition: Comprehensive treatment of the Supreme Court’s controversial and groundbreaking decision in Bostock v. Clayton County recognizing sexual orientation and transgender status as protected under Title VII’s employment discrimination provisions An examination of the rise of virtual work in the modern economy and the potential employment discrimination implications A look at how the pandemic has reconfigured the meaning of work in our society and the ways in which employment discrimination law may be impacted An examination of the contours of the ministerial exception in light of recent Supreme Court case law A more streamlined and accessible text Benefits for instructors and students: 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 Streamlined and straightforward presentation 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
Author : Robert Belton
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 1080 pages
Book Rating : 4.F/5 ( download)
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.
Author : Frank J. Landy
Publisher : John Wiley & Sons
ISBN 13 : 9780787978198
Total Pages : 352 pages
Book Rating : 4.9/5 (781 download)
Download or read book Employment Discrimination Litigation written by Frank J. Landy and published by John Wiley & Sons. This book was released on 2005-01-21 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This practical resource includes perspectives from the point ofview of both plaintiff and defendant for cases involving questionsof race, gender, disability, and age. In addition, it offers anoverview of the process by which complaints are filed, the statutesunder which they are filed, and the authority represented byvarious case law. Employment Discrimination Litigation willilluminate myriad issues such as Daubert motions, classcertification issues, the setting of cut scores that will withstandchallenge, common statistical analyses of adverse impact, andmerit-based issues. Employment Discrimination Litigationalso Presents a temporal description of a typical employmentdiscrimination case from start to finish Outlines the major guidelines that are often invoked inemployment litigation—the A.P.A. Standards, UniformGuidelines, and SIOP Principles Reviews litigation related to the Fair Labor Standards Act References written judicial opinions that relate the activitiesand devices most often employed by industrial and organizationalpsychologists
Author : Charles A. Sullivan
Publisher : Aspen Publishing
ISBN 13 : 1543826229
Total Pages : 1116 pages
Book Rating : 4.5/5 (438 download)
Download or read book Cases and Materials on Employment Discrimination written by Charles A. Sullivan and published by Aspen Publishing. This book was released on 2021-09-14 with total page 1116 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. The Tenth Edition of the best-selling Cases and Materials on Employment Discrimination welcomes a new co-author, Stephanie Bornstein, whose contributions are reflected throughout. Like earlier editions, the tenth edition 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 in theory and proven in litigation. The text allows professors to explore particular interests more deeply and permits them to contrast a litigation approach with compliance, investigation, and counseling perspectives characteristic of modern employment law practice. The broad coverage integrates scholarship with legal doctrine. The useful Statutory Supplement is available for separate purchase. New to the Tenth Edition: Bostock v. Clayton County (prohibiting sexual orientation and gender identity discrimination as discrimination “because of sex”) Our Lady of Guadalupe School v. Morrisey-Berru (expanding Title VII’s “ministerial exception”) Comcast Corp. v. Nat’l Ass’n of African American Owned Media (holding no mixed motive proof allowed under Section 1981) Expanded discussion of causation in the wake of Bostock, including Comcast and Babb v. Wilkie (on federal sector ADEA claims) Expanded and updated materials on Critical Race Theory Expanded and updated materials on gender discrimination and sex stereotyping, including sexual orientation, gender identity, and caregiver discrimination Expanded coverage of pay discrimination and the Equal Pay Act Professors and student will benefit from: An integrated pedagogy that balances scholarly and practice perspectives A conceptual framework that shows how discrimination is defined and proven in litigation A design that allows teachers to shift between litigation approaches and compliance, investigation, and counseling perspectives Integration of scholarship with legal doctrine
Author : Sandra F. Sperino
Publisher : Oxford University Press
ISBN 13 : 0190278404
Total Pages : 233 pages
Book Rating : 4.1/5 (92 download)
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.
Author : Michael Zimmer
Publisher : Aspen Publishing
ISBN 13 : 1543827284
Total Pages : 492 pages
Book Rating : 4.5/5 (438 download)
Download or read book Employment Discrimination written by Michael Zimmer and published by Aspen Publishing. This book was released on 2022-10-27 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employment Discrimination: Selected Cases and Statutes, 2018 Supplement
Author : Laura Beth Nielsen
Publisher : Springer Science & Business Media
ISBN 13 : 1402034555
Total Pages : 462 pages
Book Rating : 4.4/5 (2 download)
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.
Author : Michael W. McCann
Publisher : University of Chicago Press
ISBN 13 : 022667990X
Total Pages : 515 pages
Book Rating : 4.2/5 (266 download)
Download or read book Union by Law written by Michael W. McCann and published by University of Chicago Press. This book was released on 2020-04-21 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: Starting in the early 1900s, many thousands of native Filipinos were conscripted as laborers in American West Coast agricultural fields and Alaska salmon canneries. There, they found themselves confined to exploitative low-wage jobs in racially segregated workplaces as well as subjected to vigilante violence and other forms of ethnic persecution. In time, though, Filipino workers formed political organizations and affiliated with labor unions to represent their interests and to advance their struggles for class, race, and gender-based social justice. Union by Law analyzes the broader social and legal history of Filipino American workers’ rights-based struggles, culminating in the devastating landmark Supreme Court ruling, Wards Cove Packing Co. v. Atonio (1989). Organized chronologically, the book begins with the US invasion of the Philippines and the imposition of colonial rule at the dawn of the twentieth century. The narrative then follows the migration of Filipino workers to the United States, where they mobilized for many decades within and against the injustices of American racial capitalist empire that the Wards Cove majority willfully ignored in rejecting their longstanding claims. This racial innocence in turn rationalized judicial reconstruction of official civil rights law in ways that significantly increased the obstacles for all workers seeking remedies for institutionalized racism and sexism. A reclamation of a long legacy of racial capitalist domination over Filipinos and other low-wage or unpaid migrant workers, Union by Law also tells a story of noble aspirational struggles for human rights over several generations and of the many ways that law was mobilized both to enforce and to challenge race, class, and gender hierarchy at work.
Author : Merrick T. Rossein
Publisher :
ISBN 13 : 9780876327364
Total Pages : pages
Book Rating : 4.3/5 (273 download)
Download or read book Employment Discrimination written by Merrick T. Rossein and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Charles R. Richey
Publisher :
ISBN 13 :
Total Pages : 722 pages
Book Rating : 4.:/5 (327 download)
Download or read book Manual on Employment Discrimination Law and Civil Rights Actions in the Federal Courts written by Charles R. Richey and published by . This book was released on 1986 with total page 722 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : George Rutherglen
Publisher :
ISBN 13 :
Total Pages : 260 pages
Book Rating : 4.F/5 ( download)
Download or read book Employment Discrimination Law written by George Rutherglen and published by . This book was released on 2001 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law school casebook intended as an introduction to the field of employment discrimination law, both at the abstract level of theory and at the concrete level of doctrine. As much an introduction for experienced lawyers and scholars who come to this field with a thorough knowledge of other aspects of the law as for law students who have just begun preparing for their careers.
Author : Samuel Estreicher
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 802 pages
Book Rating : 4.F/5 ( download)
Download or read book Cases and Materials on Employment Discrimination Law written by Samuel Estreicher and published by West Academic Publishing. This book was released on 2008 with total page 802 pages. Available in PDF, EPUB and Kindle. Book excerpt: This law school casebook presents updated materials on employment discrimination law. The book provides a text for a comprehensive course on substantive and procedural law, including in depth analysis of models of proof under Title VII, as well as of the special problems presented by the regulation of sex, age, disability, and retaliatory discrimination. The book also highlights procedural systems under Title VII, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), as well as issues of coordination between private arbitration and federal and state regulation.
