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This casebook provides considerable flexibility for an instructor teaching employment discrimination law, employment law, or a combination of both topics. It includes an in-depth treatment of Title VII, the ADA, and the ADEA, as well as chapters on sexual orientation and gender identity discrimination, affirmative action and retaliation. It introduces the concept of employment-at-will, and contractual and tort-based exceptions. This casebook also provides an overview of laws relating to workplace injuries, as well as chapters on wage and hour law, compensation discrimination, and employee classification or misclassification. It also includes a chapter on employee duties to the employer. A chapter on privacy reflects recent legislative initiatives at the state level, and an analysis of electronic intrusions by the employer. Professors Estreicher and Harper both served as Reporters for the Restatement on Employment Law and Zachary D. Fasman adds 50 years of practical experience in major law firms.Cases are accompanied by explanatory notes and questions for further discussion. A separate Statutory Supplement provides primary source material for use with this book.
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
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Hardbound - New, hardbound print book.
Hardbound - New, hardbound print book.
NYU's Samuel Estreicher, Boston University's Michael Harper, and distinguished practitioner and NYU and Michigan Law adjunct professor Zachary Fasman have produced a new edition of this employment discrimination casebook. The book incorporates (where applicable) the work of the Restatement of Employment Law, for which Estreicher and Harper were reporters. The authors' focus is on the field as practiced, aiming at both theoretical insight and practical approaches to advising clients on cutting-edge issues. Extensive notes and questions introduce new legislative, administrative, and judicial developments throughout, including in regard to pay equity issues, responses to the "me too movement, and expanded ADA coverage. A new chapter on sexual orientation and sexual identity bias highlights the recent Supreme Court decision in Bostock v. Clayton County holding that Title VII protects against such discrimination.
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.
With case table.
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Tracking the field as it is practiced by employment lawyers on both plaintiff and defense side, this book enables a one-semester treatment of the full range of employment discrimination laws as well as the core subjects of an employment law offering. It provides complete analysis of laws designed to protect individuals from employment decisions that affect them unfairly because of their race, color, sex, age, disability or other protected characteristic . Also considers the extent to which the law prevents employers from retaliating against employees for filing claims, reporting misdeeds or other activity that our society highly values or seeks to protect. Treats the common law of the employment relationship. Considers also the enactment of wage-hour, pension and other ?minimum terms? laws to establish regulatory floors for private negotiation of employment contracts. Takes up the procedural design of regulatory systems for employment relationships and questions of coordination of multiple systems, including in-depth consideration of class actions, collateral estoppel and arbitration issues.