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Author : Robert G. Schwemm
Publisher : C. Boardman
ISBN 13 :
Total Pages : 892 pages
Book Rating : 4.F/5 ( download)
Download or read book Housing Discrimination written by Robert G. Schwemm and published by C. Boardman. This book was released on 1990 with total page 892 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 : Ellen Berrey
Publisher : University of Chicago Press
ISBN 13 : 022646685X
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 : Tarunabh Khaitan
Publisher : OUP Oxford
ISBN 13 : 0191066389
Total Pages : 272 pages
Book Rating : 4.1/5 (91 download)
Download or read book A Theory of Discrimination Law written by Tarunabh Khaitan and published by OUP Oxford. This book was released on 2015-05-21 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marrying legal doctrine from five pioneering and conversant jurisdictions with contemporary political philosophy, this book provides a general theory of discrimination law. Part I gives a theoretically rigorous account of the identity and scope of discrimination law: what makes a legal norm a norm of discrimination law? What is the architecture of discrimination law? Unlike the approach popular with most textbooks, the discussion eschews list-based discussions of protected grounds, instead organising the doctrine in a clear thematic structure. This definitional preamble sets the agenda for the next two parts. Part II draws upon the identity and structure of discrimination law to consider what the point of this area of law is. Attention to legal doctrine rules out many answers that ideologically-entrenched writers have offered to this question. The real point of discrimination law, this Part argues, is to remove abiding, pervasive, and substantial relative group disadvantage. This objective is best defended on liberal rather than egalitarian grounds. Having considered its overall purpose, Part III gives a theoretical account of the duties imposed by discrimination law. A common definition of the antidiscrimination duty accommodates tools as diverse as direct and indirect discrimination, harassment, and reasonable accommodation. These different tools are shown to share a common normative concern and a single analytical structure. Uniquely in the literature, this Part also defends the imposition of these duties only to certain duty-bearers in specified contexts. Finally, the conditions under which affirmative action is justified are explained.
Author : Michael Connolly
Publisher : Routledge
ISBN 13 : 100045360X
Total Pages : 195 pages
Book Rating : 4.0/5 (4 download)
Download or read book Equality, Discrimination and the Law written by Michael Connolly and published by Routledge. This book was released on 2022-01-06 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: In identifying a number of ‘fuzzy border’ cases (notably where pensionable age, pregnancy, residence, and marriage, are proxies for unlawful discrimination), Equality, Discrimination and the Law argues that the traditional notions of discrimination and victimisation are inadequate to implement equality policy and cannot represent fully the reality of discriminatory practices. When Mr and Mrs James - each aged 61 - went swimming, Mr James was charged for entry, while Mrs James was admitted free. The reason was that the local authority offered free swimming to those of ‘pensionable age’ (at the time, 65 for men and 60 for women). The House of Lords found that Mr James had suffered direct sex discrimination. This majority plurality decision indicated that sometimes a given set of facts does not neatly accord to traditional definitions of discrimination. This in turn encourages the judiciary to shape the law to fit the facts, which results in an inconsistent body of law full of ‘fuzzy borders’. Starting with the James case, this book investigates a number of ‘fuzzy border’ cases in the EU and UK based on nationality discrimination, notions of indirect discrimination, pregnancy and sex discrimination, marriage and sexual orientation discrimination, perceived discrimination, and victimisation. The argument concludes that fixed notions such as ‘direct and indirect discrimination are mutually exclusive’ do not stand up to scrutiny and that it must be recognised that the traditional concepts of discrimination and victimisation do not reflect the reality of practice. This work is essential reading for students, scholars and practitioners in all EU and English-speaking jurisdictions, particularly post-graduates, Policy/Law-makers, and those on dedicated equality undergraduate courses.
Author : Chris Ronalds
Publisher : Federation Press
ISBN 13 : 186287882X
Total Pages : 305 pages
Book Rating : 4.8/5 (628 download)
Download or read book Discrimination Law and Practice written by Chris Ronalds and published by Federation Press. This book was released on 2012-07-02 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This seminal textbook on the practical application of Australian discrimination law is suitable for all involved in this branch of the law – lawyers, business people, human resources and industrial relations staff, advocates and students. Discrimination Law and Practice examines important recent cases in key areas of discrimination law and particularly in all aspects of employment and harassment, the provision of goods and services and education.
Author : Deborah Hellman
Publisher :
ISBN 13 : 0199664315
Total Pages : 306 pages
Book Rating : 4.1/5 (996 download)
Download or read book Philosophical Foundations of Discrimination Law written by Deborah Hellman and published by . This book was released on 2013-10 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the philosophical foundations of discrimination law as it exists in several jurisdictions, this collection of all new essays bridges the gap between abstract philosophical work on justice and fairness and legal work on specific types of discrimination.
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 : Robert G. Schwemm
Publisher :
ISBN 13 :
Total Pages : 506 pages
Book Rating : 4.F/5 ( download)
Download or read book Housing Discrimination Law written by Robert G. Schwemm and published by . This book was released on 1983 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatise provides an in depth analysis of the legislative history, constitutionality, language, scope, substantive provisions, and enforcement of Title VIII of the Civil Rights Act of 1968. Recent developments in exclusionary zoning, redlining, and steering are discussed in detail in the work.
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 : Abigail C. Modjeska
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (93 download)
Download or read book Employment Discrimination Law written by Abigail C. Modjeska and published by . This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Evelyn Ellis
Publisher : Oxford University Press, USA
ISBN 13 : 0199698465
Total Pages : 570 pages
Book Rating : 4.1/5 (996 download)
Download or read book EU Anti-Discrimination Law written by Evelyn Ellis and published by Oxford University Press, USA. This book was released on 2012-11-29 with total page 570 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Evelyn Ellis provides an analytical and critical examination of the EU law forbidding discrimination, and explores the theoretical and philosophical underpinnings of the law.
Author : Deborah England
Publisher : NOLO
ISBN 13 : 9781413310498
Total Pages : 330 pages
Book Rating : 4.3/5 (14 download)
Download or read book The Essential Guide to Handling Workplace Harassment & Discrimination written by Deborah England and published by NOLO. This book was released on 2009 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers the practical realities of applying the law on a day-to-day basis and answers all the common questions, covering: what harrassment is and how to stop it, when and how discrimination occurs, how to conduct training, how to handle employee complaints, and much more. Original.
Author : Thomas D. Schneid
Publisher : CRC Press
ISBN 13 : 1439867798
Total Pages : 441 pages
Book Rating : 4.4/5 (398 download)
Download or read book Discrimination Law Issues for the Safety Professional written by Thomas D. Schneid and published by CRC Press. This book was released on 2011-12-05 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: Safety professionals communicate, directly and indirectly with a large number of employees and others on a daily basis. While not lawyers, they regularly deal with legal issues. A subset of their responsibilities includes how to discuss safety without crossing the discriminatory line. To do this, they need an understanding of discrimination laws. Discrimination Law Issues for the Safety Professional gives them exactly that. It provides general knowledge of the laws and regulations that offer protection to employees and individuals against discrimination in the workplace. Created by safety expert Thomas Schneid, specifically for safety professionals, the book takes a proactive approach to identifying situations where potential discrimination against an employee or individual may occur, and supplies guidance on how to take immediate action to address the potential discriminatory situation. Schneid also identifies "red flag" situations where potential discrimination against an employee or individual may surface and safety professionals should proceed with caution. Once they can recognize these red flags, they can take immediate action to address the potential discriminatory situation. Although many texts address discrimination in the workplace, very few, if any, educate individuals and employers on how to prevent acts and omissions in the workplace that can result in discrimination from a safety perspective. With the multitude of laws and regulations addressing the prohibition of discrimination in the workplace, often legal actions result from individuals and employers simply not being knowledgeable in the requirements of the law. Written in clear, plain language, not legalese or business speak, this book delineates the procedures that safety professionals need to know in the area of labor, employment, and other laws impacting the safety function.
Author : Michael Connolly
Publisher :
ISBN 13 : 9780414046061
Total Pages : 0 pages
Book Rating : 4.0/5 (46 download)
Download or read book Discrimination Law written by Michael Connolly and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides in-depth and accessible guidance on discrimination law. It covers the UK and EU with comparisons to the US, Canada and Australia, and analyses the different theories and definitions of what is classed as discrimination.
Author : Paul M. Secunda
Publisher : Carolina Academic Press LLC
ISBN 13 : 9781531010355
Total Pages : 260 pages
Book Rating : 4.0/5 (13 download)
Download or read book Mastering Employment Discrimination Law written by Paul M. Secunda and published by Carolina Academic Press LLC. This book was released on 2018 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of Mastering Employment Discrimination Law coincides with a defining moment in U.S. culture: the #metoo movement and the many sexual harassment scandals that have roiled American society. In addition to covering all procedural and substantive aspects of U.S. sexual harassment and sex discrimination law, the second edition also takes on a wide variety of employment discrimination law subjects. The book begins first with coverage and jurisdiction issues and then turns to complex federal and state procedural topics surrounding the filing of administrative charges of discrimination and civil lawsuits. Moreover, the book comprehensively addresses the substantive aspects of Title VII, the ADEA, the ADA (including recent amendments), the Equal Pay Act, and the Civil Rights Acts, as well as related issues such as remedies, attorney fees, and settlements. By adding Professor Joseph Seiner of the University of South Carolina School of Law¿a former attorney with the EEOC¿as a new co-author, the book has added substantial new focus on administrative topics and procedural issues in employment discrimination litigation.
Author : Barbara Lindemann
Publisher :
ISBN 13 :
Total Pages : 720 pages
Book Rating : 4.:/5 (42 download)
Download or read book Employment Discrimination Law written by Barbara Lindemann and published by . This book was released on 1983 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:
