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Author : John J. Donohue
Publisher :
ISBN 13 :
Total Pages : 100 pages
Book Rating : 4.3/5 ( download)
Download or read book The Changing Nature of Employment Discrimination Litigation written by John J. Donohue and published by . This book was released on 1990 with total page 100 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 : Joseph A. Seiner
Publisher : Aspen Publishing
ISBN 13 : 1543813046
Total Pages : 918 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 2019-02-19 with total page 918 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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, Employment Discrimination: Procedure, Principles, and Practice, Second Edition 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. Text boxes within cases, historical notes, and news events effectively help bring the material to life. New to the Second Edition: A renewed focus on sexual harassment and a robust discussion of the #metoo movement An examination of sexual orientation and a review of the conflicting federal appellate cases on whether it is protected by anti-discrimination laws A new focus on appearance discrimination and the recent case law related to this issue A discussion of how issues evolving in the gig economy can impact workplace discrimination Professors and students will benefit from: 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 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 sections that further student comprehension
Author : Michael Selmi
Publisher :
ISBN 13 :
Total Pages : 63 pages
Book Rating : 4.:/5 (13 download)
Download or read book The Evolution of Employment Discrimination Law written by Michael Selmi and published by . This book was released on 2015 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt: Times change, and when they do, the law must as well. Much of the most important employment discrimination case law was established in the 1970s during an era when discrimination was both overt and pervasive. Moving forward forty years, discrimination has receded dramatically and is no longer seen as a default explanation for workplace decisions or statistical imbalances in a workforce. At the same time, the discrimination that remains is more complex, more subtle in nature and more difficult to identify. This article explores how the Supreme Court has navigated the declining but more complex nature of employment discrimination. In a series of recent cases, including the landmark sex discrimination case of Wal-Mart v. Dukes, the Supreme Court has embarked on a judicial updating of the foundation of employment discrimination law with the Court quietly announcing that the old case law no longer fits contemporary claims of discrimination. In other words, what counted as discrimination in the 1970s no longer does today. Despite the criticism the Court has received for its decisions, I conclude that the Court was right to shed its old doctrine as the inferences of discrimination that were permissible during an earlier era fail to account for our changed social conditions. The real problem with the Court's recent updating of the doctrine is not the shedding of the old but what it has left in its place - the Supreme Court has failed to adapt its doctrine to capture the complexities of modern discrimination, thus leaving a substantial gap between what the law defines as discrimination and what we know about the difficulties of uncovering subtle discrimination. This article also critiques the recent academic emphasis on “implicit bias” and instead offers some suggestions for moving forward in a way that might better adapt the legal doctrine to the complexities of modern discrimination. This includes the use of testers to document workplace discrimination, more emphasis on educating courts and jurors regarding the nature of subtle discrimination (not implicit bias) and the role employer self-interests might play in bringing greater diversity to the workplace.
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 : Michael J. Zimmer
Publisher : Aspen Publishers
ISBN 13 : 9780735528574
Total Pages : 274 pages
Book Rating : 4.5/5 (285 download)
Download or read book Cases and Materials on Employment Discrimination written by Michael J. Zimmer and published by Aspen Publishers. This book was released on 2002-08-29 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 : Jessica Fink
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Unintended Consequences written by Jessica Fink and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, employees have turned with increasing frequency to the courts to redress alleged violations of their civil rights in the workplace, often bringing suits under laws such as Title VII of the Civil Rights Act of 1964. Indeed, employment discrimination claims consistently consume a substantial (and rising) portion of the federal court docket. In the four-plus decades since the passage of Title VII, however, the nature of workplace bias itself has changed, becoming more difficult to detect in many cases. Some employers, often with the help of counsel, have learned to finesse their workplace actions to avoid the appearance of bias. Other employers may not even realize the extent to which bias and stereotype unconsciously affect their behavior. This Article looks at one aspect of the intersection between this heightened litigiousness among employees and this evolution in the nature of bias, questioning whether there is some relationship between these two phenomena. Specifically, this Article argues that the proliferation in discrimination litigation might be exacerbating the biases that employers have toward members of a protected class. It asserts that employers frequently leave the antagonistic, emotional, and expensive process of discrimination litigation not only having increased negative views of the plaintiff who initiated the litigation, but also having an enhanced bias against other employees who happen to share the plaintiff's protected characteristic(s). This Article examines evidence that this “litigation-induced group bias” exists, and discusses potential doctrinal and practice-oriented solutions to this problem, including the role that creative problem-solving, therapeutic jurisprudence, and alternative dispute resolution might play in avoiding this unfortunate and unintended side-effect of discrimination litigation.
Author :
Publisher :
ISBN 13 :
Total Pages : 516 pages
Book Rating : 4.F/5 ( download)
Download or read book Employment Discrimination Litigation, 1991 written by and published by . This book was released on 1991 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 810 pages
Book Rating : 4.3/5 ( download)
Download or read book Employment Discrimination Litigation written by and published by . This book was released on 1994 with total page 810 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 : Richard A. Epstein
Publisher : Harvard University Press
ISBN 13 : 9780674308091
Total Pages : 980 pages
Book Rating : 4.3/5 (8 download)
Download or read book Forbidden Grounds written by Richard A. Epstein and published by Harvard University Press. This book was released on 1992 with total page 980 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Henry H. Perritt (Jr.)
Publisher : Wolters Kluwer
ISBN 13 : 073551559X
Total Pages : 914 pages
Book Rating : 4.7/5 (355 download)
Download or read book Civil Rights in the Workplace written by Henry H. Perritt (Jr.) and published by Wolters Kluwer. This book was released on 2001-01-01 with total page 914 pages. Available in PDF, EPUB and Kindle. Book excerpt: For plaintiff and defense counsel, Civil Rights in the Workplace provides complete analysis of punitive damages, compensatory damages, jury trials, and changes in providing disparate treatment and disparate impact cases. It shows you how the 1991 Act has changed the way lawyers and their clients approach employment discrimination under Title VII, the Age Discrimination and Employment Act, the Reconstruction Era Civil Rights Act, and the ADA. You get the full text -- with insightful analysis -- of the controversial Supreme Court rulings that led to the creation of the 1991 Act. Civil Rights in the Workplace provides coverage of legislative and other developments and new case law, including: Explanation of EEOC regulations applying 2008 amendments to ADA New Supreme Court case on and“catand’s pawand” theory New Supreme Court case extending Title VII retaliation claims to case in which adverse action was taken against fiancandé New Supreme Court case on when maintenance of a policy with disparate impact falls within a statute of limitations New Supreme Court case allowing retaliation claims based on oral complaints New state case holding that arbitration agreement did not divest state agency of investigative power New case finding arbitration agreement to be unconscionable New case law on relationship between ADA and FMLA New case law on statistical comparisons in disparate impact cases New court of appeals decisions allowing harassment and retaliation actions on behalf of gay employees Analysis of case finding and“Donand’t Ask, Donand’t Telland” policy to be unconstitutional and of subsequent repeal New case on sovereign immunity for state instrumentalities New court of appeals case agreeing that a Title VII was precluded by earlier Section 1983 action New case grappling with choice of law questions in international context
Author :
Publisher :
ISBN 13 :
Total Pages : 446 pages
Book Rating : 4.E/5 ( download)
Download or read book Emerging Issues in Employment Discrimination Litigation written by and published by . This book was released on 1998 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 : Anthony J. Oncidi
Publisher : Juris Publishing, Inc.
ISBN 13 : 1578230942
Total Pages : 590 pages
Book Rating : 4.5/5 (782 download)
Download or read book Employment Discrimination Depositions written by Anthony J. Oncidi and published by Juris Publishing, Inc.. This book was released on 2014-08-01 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1 Looseleaf Volume. Forms. Index. Updated Annually.
