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Covering the period from the abolition of slavery through the events that preceded and affected the adoption of the Civil Rights Act of 1964, Black Labor and the American Legal System examines the major legislative and legal developments relating to the employment discrimination. The historical consequences of the racial practices of employers and organized labor, as well as of the federal government, are analyzed within the context of law and social change. The evolution of federal labor policy is traced through key decisions of the National Labor Relations Board and the courts as they have interpreted the application of labor law to racial discrimination.
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
This book details, in a series of first-person accounts, how Hubert Humphrey and other dedicated civil rights supporters fashioned the famous cloture vote that turned back the determined southern filibuster in the U. S. Senate and got the monumental Civil Rights Act bill passed into law. Authors include Humphrey, who was the Democratic whip in the Senate at the time; Joseph L. Rauh, Jr., a top Washington civil rights lobbyist; and John G. Stewart, Humphrey's top legislative aide. These accounts are essential for understanding the full meaning and effect of America's civil rights movement.
In Black Americans and Organized Labor, Paul D. Moreno offers a bold reinterpretation of the role of race and racial discrimination in the American labor movement. Moreno applies insights of the law-and-economics movement to formulate a powerfully compelling labor-race theorem of elegant simplicity: White unionists found that race was a convenient basis on which to do what unions do -- control the labor supply. Not racism pure and simple but "the economics of discrimination" explains historic black absence and under-representation in unions. Moreno's sweeping reexamination stretches from the antebellum period to the present, integrating principal figures such as Frederick Douglass and Samuel Gompers, Isaac Myers and Booker T. Washington, and W. E. B. Du Bois and A. Philip Randolph. He traces changing attitudes and practices during the simultaneous black migration to the North and consolidation of organized labor's power, through the confusing and conflicted post-World War II period, during the course of the civil rights movement, and into the era of affirmative action. Maneuvering across a wide span of time and a broad array of issues, Moreno brings remarkable clarity to the question of the importance of race in unions. He impressively weaves together labor, policy, and African American history into a cogent, persuasive revisionist study that cannot be ignored.
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.
In 1966, thirteen black employees of the Duke Power Company's Dan River Plant in Draper, North Carolina, filed a lawsuit against the company challenging its requirement of a high school diploma or a passing grade on an intelligence test for internal transfer or promotion. In the groundbreaking decision Griggs v. Duke Power (1971), the United States Supreme Court ruled in favor of the plaintiffs, finding such employment practices violated Title 7 of the Civil Rights Act of 1964 when they disparately affected minorities. In doing so, the court delivered a significant anti-employment discrimination verdict. Legal scholars rank Griggs v. Duke Power on par with Brown v. Board of Education (1954) in terms of its impact on eradicating race discrimination from American institutions. In Race, Labor, and Civil Rights, Robert Samuel Smith offers the first full-length historical examination of this important case and its connection to civil rights activism during the second half of the 1960s. Smith explores all aspects of Griggs, highlighting the sustained energy of the grassroots civil rights community and the critical importance of courtroom activism. Smith shows that after years of nonviolent, direct action protests, African Americans remained vigilant in the 1960s, heading back to the courts to reinvigorate the civil rights acts in an effort to remove the lingering institutional bias left from decades of overt racism. He asserts that alongside the more boisterous expressions of black radicalism of the late sixties, foot soldiers and local leaders of the civil rights community -- many of whom were working-class black southerners -- mustered ongoing legal efforts to mold Title 7 into meaningful law. Smith also highlights the persistent judicial activism of the NAACP-Legal Defense and Education Fund and the ascension of the second generation of civil rights attorneys. By exploring the virtually untold story of Griggs v. Duke Power, Smith's enlightening study connects the case and the campaign for equal employment opportunity to the broader civil rights movement and reveals the civil rights community's continued spirit of legal activism well into the 1970s.
Employment, Race, and the Lawdives into the history of employment discrimination toward people of color in the United States. This title looks at legislation that has helped battle employment discrimination, as well as race-based discrimination at work today.Features include essential facts, a glossary, references, websites, source notes, and an index. Aligned to Common Core Standards and correlated to state standards. Essential Library is an imprint of Abdo Publishing, a division of ABDO.
Section 1557 is the nondiscrimination provision of the Affordable Care Act (ACA). This brief guide explains Section 1557 in more detail and what your practice needs to do to meet the requirements of this federal law. Includes sample notices of nondiscrimination, as well as taglines translated for the top 15 languages by state.