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This casebook emphasizes primary materials (statutes, European Union directives, regulations, guidelines, and cases) that have been edited to facilitate classroom discussion. Accessible to both professors and law students, the primary material is enhanced by brief notes and questions. The book can be assigned or recommended as optional reading to supplement a domestic-only employment discrimination law course, or serve as the basis of a stand-alone seminar, to advance the students' understanding of their own system and the kinds of issues they will face in an era of globalization.
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In the past 25 years, settlement of nearly 25,000 complaints of employment discrimination has vastly advanced opportunities for minorities and women. In Modern Law, Alfred W. Blumrosen traces the operation of the law transmission system - the process by which the general principles of equal opportunity written into the 1964 Civil Rights Act were translated into improved conditions for minority and female workers today. This route takes the reader through the passage of the law; the responses of workers, employers and the government; the interplay between courts, agencies and the legislature; and, finally, the enactment of the 1991 Civil Rights Act, perhaps hastened by the Anita Hill/Clarence Thomas controversy. The interactions between the law and the social and economic forces it seeks to influence make up the components of the law transmission system.
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
With contributions from top legal scholars, this edited collection provides an international overview of the most up-to-date issues and new trends in law regarding employment discrimination in different countries. Confronting the US, the UK, Japan on the one hand, with the EU jurisdictions, namely Italy, France, Spain, Greece, Hungary, Slovak Republic and the Czech Republic on the other hand, this book pays special attention to the most significant changes to law in these countries and ongoing challenges they face. The monograph is complementary to a former one entitled "Discrimination and Employment Law: International Legal Perspectives", Joseph Carby-Hall, Zbigniew Góral and Aneta Tyc (eds.), Routledge 2023, and at the same time works as a separate volume. Adopting a problem-solving approach, this monograph offers an in-depth analysis of both anti-discrimination statutory law and of a growing and still developing corpus of case law. This book will appeal to students, academics and practitioners working in the field of labour and employment law, anti-discrimination law and human rights law, as well as to employers, employees, trade unions, the ETUC, the ILO, and policy-makers from all over the world.
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
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 Empirical Research and Workplace Discrimination Law, part of the series Comparative Discrimination Law, Alysia Blackham offers a succinct comparative survey of empirical research that is occurring in workplace discrimination law, across jurisdictions such as the United States of America, the United Kingdom, Canada, Australia and New Zealand. Drawing on case studies of existing scholarship, Alysia Blackham offers both a rationale for conducting empirical research in this area, and methodological options for researchers considering empirical work. Using examples from case law and public policy, Alysia Blackham considers the impact that empirical research is having on discrimination law and policy, and highlights fundamental gaps in existing empirical scholarship. Other titles published in this series: - Comparative Discrimination Law: Historical and Theoretical Frameworks, Laura Carlson; isbn 9789004345447 - International Human Rights Law and Discrimination Protections; A Comparison of Regional and National Responses, Mpoki Mwakagali; isbn 9789004345461 - Age as a Protected Ground, Lucy Vickers; isbn 9789004345539 - Sexual Orientation and Gender Identity Discrimination, Holning Lau; isbn 9789004345485 - Racial Discrimination, Tanya Katerí Hernández; isbn 9789004345942
"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)"--