Antidiscrimination Law and Minority Employment

Antidiscrimination Law and Minority Employment
Author: Farrell Bloch
Publisher: University of Chicago Press
Total Pages: 158
Release: 1994-10-03
Genre: Business & Economics
ISBN: 9780226059839

While employment regulations such as Title VII of the Civil Rights Act and the Federal Contract Compliance Program have redistributed minorities from small firms to larger ones, they have not, Bloch argues, significantly improved aggregate minority employment. Many job opportunities are discovered through restricted word-of-mouth networks, and some employers continue to screen out minority applicants in ways that laws do not address. Moreover, some employers avoid hiring minorities, women, and older workers in order to avoid litigation. Bloch discusses the use of economic and statistical analysis in hiring discrimination litigation and examines recent lawsuits to illustrate how these analyses are applied in federal courts. In addition, he addresses federal contractors' affirmative action requirements, theoretical arguments for and against antidiscrimination and affirmative action policy, and a variety of unemployment remedies.

Migration and Discrimination

Migration and Discrimination
Author: Rosita Fibbi
Publisher: Springer Nature
Total Pages: 105
Release: 2021-04-08
Genre: Social Science
ISBN: 3030672816

This open access short reader provides a state of the art overview of the discrimination research field, with particular focus on discrimination against immigrants and their descendants. It covers the ways in which discrimination is defined and conceptualized, how it is measured, how it may be theorized and explained, and how it might be combated by legal and policy means. The book also presents empirical results from studies of discrimination across the world to show the magnitude of the problem and the difficulties of comparison across national borders. The concluding chapter engages in a critical discussion of the relationship between discrimination and integration as well as pointing out promising directions for future studies. As such this short reader is a valuable read to undergraduate students, as well as graduate students, scholars, policy makers and the general public.

Unequal

Unequal
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.

Discrimination as Stigma

Discrimination as Stigma
Author: Iyiola Solanke
Publisher: Bloomsbury Publishing
Total Pages: 240
Release: 2016-12-29
Genre: Law
ISBN: 1782256385

This monograph reconceptualises discrimination law as fundamentally concerned with stigma. Using sociological and socio-psychological theories of stigma, the author presents an 'anti-stigma principle', promoting it as a method to determine the scope of legal protection from discrimination. The anti-stigma principle recognises the role of institutional and individual action in the perpetuation of discrimination. Setting discrimination law within the field of public health, it frames positive action and intersectional discrimination as the norm in this field of law rather than the exception. In developing and applying this new theory for anti-discrimination law, the book draws upon case law from jurisdictions including the UK, Australia, New Zealand, the USA and Canada, as well as European law.

Antidiscrimination in Employment

Antidiscrimination in Employment
Author: United States. Congress. Senate. Committee on Labor and Public Welfare
Publisher:
Total Pages: 426
Release: 1954
Genre: Discrimination in employment
ISBN:

Affirmative Action in Antidiscrimination Law and Policy

Affirmative Action in Antidiscrimination Law and Policy
Author: Samuel Leiter
Publisher: State University of New York Press
Total Pages: 335
Release: 2012-02-01
Genre: Social Science
ISBN: 0791487962

Affirmative action has been and continues to be the flashpoint of America's civil rights agenda. Yet while the affirmative action literature is voluminous, no comprehensive account of its major legal and public policy dimensions exists. Samuel and William M. Leiter examine the origin and growth of affirmative action, its impact on American society, its current state, and its future anti-discrimination role, if any. Informed by several different disciplines—law, history, economics, sociology, political science, urban studies, and criminology—the text combines the relevant legal materials with analysis and commentary from a variety of experts. This even-handed presentation of the subject of affirmative action is sure to be a valuable aid to those seeking to understand the issue's many complexities.

Group Preferences and the Law

Group Preferences and the Law
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution
Publisher:
Total Pages: 484
Release: 1996
Genre: Business & Economics
ISBN:

Forbidden Grounds

Forbidden Grounds
Author: Richard A. Epstein
Publisher: Harvard University Press
Total Pages: 980
Release: 1992
Genre: Business & Economics
ISBN: 9780674308091

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

Understanding the Psychology of Diversity

Understanding the Psychology of Diversity
Author: Bruce E. Blaine
Publisher: SAGE Publications
Total Pages: 400
Release: 2020-07-16
Genre: Psychology
ISBN: 1544381093

Understanding the Psychology of Diversity offers a highly accessible examination of diversity to show students how to understand social and cultural differences in today’s society. Taking a psychological perspective, authors B. Evan Blaine and Kimberly J. McClure Brenchley explore how individuals construct their view of social diversity and how they are defined and influenced by it. The book covers traditional topics like categorization and stereotypes, sexism, racism, and social stigma, as well as non-traditional topics like sexual orientation-based prejudice, weight and appearance-based prejudice, diversity on television, and age stereotypes and ageism. The Fourth Edition confronts the credibility crisis that has surfaced in the academic psychological research community by following parameters for the research that is presented.

Affirmative Action and Minority Enrollments in Medical and Law Schools

Affirmative Action and Minority Enrollments in Medical and Law Schools
Author: Susan Welch
Publisher: University of Michigan Press
Total Pages: 202
Release: 2010-05-07
Genre: Political Science
ISBN: 0472022717

Affirmative action is one of the central issues of American politics today, and admission to colleges and universities has been at the center of the debate. While this issue has been discussed for years, there is very little real data on the impact of affirmative action programs on admissions to institutions of higher learning. Susan Welch and John Gruhl in this groundbreaking study look at the impact on admissions of policies developed in the wake of the United States Supreme Court's landmark 1978 Bakke decision. In Bakke, the Court legitimized the use of race as one of several factors that could be considered in admissions decisions, while forbidding the use of quotas. Opponents of affirmative action claim that because of the Bakke decision thousands of less-qualified minorities have been granted admission in preference to more qualified white students; proponents claim that without the affirmative action policies articulated in Bakke, minorities would not have made the gains they have made in higher education. Based on a survey of admissions officers for law and medical schools and national enrollment data, the authors give us the first analysis of the real impact of the Bakke decision and affirmative action programs on enrollments in medical and law schools. Admission to medical schools and law schools is much sought after and is highly competitive. In examining admissions patterns to these schools the authors are able to identify the effects of affirmative action programs and the Bakke decision in what may be the most challenging case. This book will appeal to scholars of race and gender in political science, sociology and education as well as those interested in the study of affirmative action policies. Susan Welch is Dean of the College of Liberal Arts and Professor of Political Science, Pennsylvania State University. John Gruhl is Professor of Political Science, University of Nebraska-Lincoln.