An Introduction To The Law Of Employment Discrimination
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Author | : Stephen J. Vodanovich |
Publisher | : Oxford University Press |
Total Pages | : 385 |
Release | : 2022 |
Genre | : Law |
ISBN | : 0190085428 |
"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)"--
Author | : Michael Evan Gold |
Publisher | : |
Total Pages | : 102 |
Release | : 1993 |
Genre | : Law |
ISBN | : |
Summarizes the provisions of those federal laws which prohibit employment discrimination: Title VII of the Civil Rights Act (1964), the Age Discrimination in Employment Act (1967), the Americans with Disabilities Act (1990), and the Equal Pay Act (1963).
Author | : Sandra F. Sperino |
Publisher | : Oxford University Press |
Total Pages | : 233 |
Release | : 2017-05-01 |
Genre | : Law |
ISBN | : 0190278404 |
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 | : Michael Evan Gold |
Publisher | : Cornell University Press |
Total Pages | : 91 |
Release | : 2014-03-04 |
Genre | : Law |
ISBN | : 0801470544 |
An Introduction to Labor Law is a useful and course-tested primer that explains the basic principles of the federal law regulating the relationship of employers to labor unions. In this updated third edition, which features a new introduction, Michael Evan Gold discusses the law that applies to union organizing and representation elections, the duty to bargain in good faith, economic weapons such as strikes and lockouts, and the enforcement of collective bargaining agreements. Gold describes the structure and functions of the National Labor Relations Board and of the federal courts in regard to labor cases and also presents a number of legal issues presently in contention between labor and management.
Author | : George Rutherglen |
Publisher | : Foundation Press |
Total Pages | : 0 |
Release | : 2009 |
Genre | : Discrimination in employment |
ISBN | : 9781599415246 |
This casebook is a pluralistic and yet concise introduction to the doctrine and theory of employment discrimination law. The new edition covers all the recent Supreme Court decisions and federal legislation in this field, including the ADA Amendments Act and the Lilly Ledbetter Fair Pay Act, and it analyzes the effect of these developments on prior decisions of the Supreme Court. It covers discrimination on the basis of race, national origin, sex, religion, age, and disability, and provides economic and political analysis from a wide range of different perspectives, both liberal and conservative. Comprehensive notes survey the current state of the law, raise questions for class discussion, and address the continuing controversies in this field. A Teacher's Manual contains brief summaries of all cases, offers additional commentary on selected issues, and provides further questions for students beyond those provided in the casebook itself. A supplemental CD is available with PowerPoint slides, a text of cases, and statutes. The Teacher's Manual is also offered on CD, thus allowing professors to modify the materials as desired.
Author | : Ellen Berrey |
Publisher | : University of Chicago Press |
Total Pages | : 366 |
Release | : 2017-06-22 |
Genre | : Business & Economics |
ISBN | : 022646685X |
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 | : Thomas R. Haggard |
Publisher | : LexisNexis/Matthew Bender |
Total Pages | : 0 |
Release | : 2008 |
Genre | : Discrimination in employment |
ISBN | : 9781422473580 |
Employment discrimination law is like a huge jigsaw puzzle--albeit one with many missing and mismatched pieces, which are constantly being changed. The purpose of Understanding Employment Discrimination Law is to clarify the differences, uncertainty, and complexity of employment discrimination law. The Second Edition deals with all the watershed Supreme Court decisions since 2002 and otherwise expands and updates the coverage of the prior edition.
Author | : David Cabrelli |
Publisher | : Oxford University Press |
Total Pages | : 969 |
Release | : 2016 |
Genre | : Law |
ISBN | : 0198748337 |
A contextual, rigorous treatment of employment law, featuring a running case example to show exactly how the law works, and including extracts from key cases and source materials.
Author | : Michael Evan Gold |
Publisher | : Cornell University Press |
Total Pages | : 121 |
Release | : 2018-08-06 |
Genre | : Law |
ISBN | : 1501724975 |
This new edition of An Introduction to the Law of Employment Discrimination summarizes the federal laws that prohibit employment discrimination on the basis of race, sex, religion, national origin, age, and disability. Several major statutes, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, Title I of the Americans with Disabilities Act, and the Equal Pay Act, protect American workers from discrimination. In this handy reference guide, Michael Evan Gold discusses complex legislation in lucid, understandable terms. In his discussion of each statute, the author provides such information as: who is protected by the statute; who must obey the statute; principal definitions of discrimination together with numerous examples; ways of proving discrimination; reasonable accommodation; defenses to discrimination; retaliation; remedies; and procedures for bringing a claim.
Author | : Stephen Taylor |
Publisher | : Oxford University Press (UK) |
Total Pages | : 661 |
Release | : 2015 |
Genre | : Business & Economics |
ISBN | : 0198705395 |
Employment Law, 4e provides a complete and accessible introduction to the subject, with a wealth of practical activities and a unique chapter on preparing and presenting a case.