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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.
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
View or download the free 2015 Online Supplement for this product. Changes in the area of employment discrimination law, since publication of earlier editions of this book, have refined many of the substantive doctrines and continued to clarify procedural issues. A number of relevant decisions have explored the scope of protection provided by the ADA, while others have focused on the extent to which Title VII proscribes sexually harassing behavior. The new Seventh Edition of Employment Discrimination Law: Cases and Materials includes updated note material to include analyses and recent studies of labor market discrimination as well as cover recent judicial developments and the following main decisions issued since the Sixth Edition was published in 2006: Ricci v. DeStefano (Sup. Ct. 2009) concerning the right of an employer to postpone promotions based upon test results having a disparate impact and Lewis v. City of Chicago (Sup. Ct. 2010) dealing with the timeliness of challenges to the use of previously administered test scores which have a disparate impact on protected groups. Ledbetter v. Goodyear Tire & Rubber Co. (Sup. Ct. 2007) pertaining to the timeliness of challenges to gender-based pay differentials and the 2009 Lilly Ledbetter Fair Pay Act reversing the impact of the prior Supreme Court decision. In re Union Pacific RR Employment Practices Litigation (8th Cir. 2007) regarding the duty of employers to cover the cost of prescription contraceptives under the Pregnancy Discrimination Act amendments. Crawford v. Metropolitan Government of Nashville (Sup. Ct. 2009) and Thompson v. North American Stainless (Sup. Ct. 2011) both dealing with the scope of the Title VII anti-etaliation proscription. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
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
"The U.S. civil court system consists of three levels: 1) District Courts ("Trial Courts"), 2) Circuit Courts of Appeal ("appellate courts") and 3) the Supreme Court (see Figure 1.1). The United States has a total of 94 districts, representing distinct geographic regions (see Table 1.1). The number of districts varies by state. For instance, some states have only one district (e.g., Arizona, Colorado, Delaware), while others have multiple districts, such as California, Florida, and Michigan (e.g., Southern District of California, Central District of California)"--
This brand new text offers a rich learning resource, combining extracts from leading cases and articles with insightful author commentary. This unique approach places employment law in context, enabling the reader to develop a clear and sophisticated understanding of this dynamic area. A running case study provides a practical perspective.
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