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| Author | : Alysia Blackham |
| Publisher | : BRILL |
| Total Pages | : 72 |
| Release | : 2019-06-07 |
| Genre | : Law |
| ISBN | : 9004380493 |
In Empirical Research and Workplace Discrimination Law, Alysia Blackham offers a succinct comparative survey of empirical research that is occurring in workplace discrimination law.
| Author | : Laura Beth Nielsen |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 462 |
| Release | : 2006-01-01 |
| Genre | : Social Science |
| ISBN | : 1402034555 |
There is much to understand about employment discrimination law as a social system. What drives the growing trend toward litigation? To what extent does discrimination persist and why does it vary by organizational and market context? How do different groups perceive discrimination and what, if anything, do they do about it? How do employers respond to discrimination law? What is the effect of broader political and legal currents? What is the relationship between anti-discrimination law and social inequality? This book presents answers, from a distinguished group of scholars, and social scientists, offering a broad reconsideration of employment discrimination and its treatment in law.
| Author | : Laura Beth Nielsen |
| Publisher | : Springer |
| Total Pages | : 0 |
| Release | : 2008-11-01 |
| Genre | : Law |
| ISBN | : 9780387560403 |
This volume contains a collection of original papers by leading legal scholars and social scientists that develop new perspectives on anti-discrimination law, with an emphasis on employment discrimination. The articles were written for a conference held at Stanford Law School in Spring 2003 that was sponsored by the American Bar Foundation and Stanford Law School. The purpose of that conference, this volume, and ongoing work by the Discrimination Research Group based at the American Bar FoundationandtheCenterforAdvancedStudyintheBehavioralSciencesistoadvance the social scienti?c understanding of employment discrimination and the operation of employment discrimination law as a social system, and to consider the legal and policy implications of this emerging body of social science. Now is a pivotal moment for an attempt at a deeper understanding of discrimi- tion and law. After three decades of theoretical development and empirical research onemploymentdiscriminationanditstreatmentinlaw,itiscrucialthatlawyers,social scientists,andpolicymakersassesswhatweknowanddonotknowaboutemployment discrimination and its treatment by law. To date, there are several streams of active research that only occasionally engage with each other. Economists and sociologists continue to debate the extent to which women, minorities, and other traditionally disadvantagedgroupsfacediscriminationinlabormarketsandorganizations. Orga- zation scholars and legal scholars have begun to map the effect of anti-discrimination law on organizational structures and processes, and to raise questions about the extent to which the legalization of organizational employment systems represents symbolic or substantive changes in employment practices.
| Author | : Joseph A. Seiner |
| Publisher | : Aspen Publishing |
| Total Pages | : 1045 |
| Release | : 2023-01-31 |
| Genre | : Law |
| ISBN | : 1543857817 |
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. Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. 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, this text 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. Chapter-in-review sections, summary charts, and graphs are used throughout to further student comprehension. Text boxes within cases, historical notes, and news events effectively help bring the material to life. ?New to the 3rd Edition: Comprehensive treatment of the Supreme Court’s controversial and groundbreaking decision in Bostock v. Clayton County recognizing sexual orientation and transgender status as protected under Title VII’s employment discrimination provisions An examination of the rise of virtual work in the modern economy and the potential employment discrimination implications A look at how the pandemic has reconfigured the meaning of work in our society and the ways in which employment discrimination law may be impacted An examination of the contours of the ministerial exception in light of recent Supreme Court case law A more streamlined and accessible text Benefits for instructors and students: 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 Streamlined and straightforward presentation 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
| Author | : Jane Goodman-Delahunty |
| Publisher | : Oxford University Press |
| Total Pages | : 258 |
| Release | : 2010-12-13 |
| Genre | : Business & Economics |
| ISBN | : 0195371011 |
This book addresses the evaluation of damage for discrimination or harassment claims, and explores the history and importance of this process, the legal standards, and the procedure for applying this evaluation in court. Specific ethical issues that may arise when conducting these assessments are discussed, along with suggestions to address and resolve them. A helpful review of empirical research related to the frequency and types of workplace discrimination and its potential effects on employees is also included.
| 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 | : Ellen Berrey |
| Publisher | : University of Chicago Press |
| Total Pages | : 366 |
| Release | : 2017-06-22 |
| Genre | : Law |
| ISBN | : 022646699X |
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 | : 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 | : Amy Ludlow |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 282 |
| Release | : 2015-10-29 |
| Genre | : Law |
| ISBN | : 1509903585 |
This edited collection draws together papers delivered at a symposium on New Frontiers in Empirical Labour Law Research held at the University of Cambridge in April 2014. It contains contributions from established and emerging experts across a range of disciplines (including employment relations, industrial psychology, sociology, economics and political science) to consider four broad themes: the case for empiricism in labour law; the potential for mixed methods; methodological possibilities and insights from other disciplines; and practical challenges and words of caution for those conducting empirical research. This collection seeks to cultivate confidence and competence in empirical methods among both established and young labour law scholars, through an intergenerational and interdisciplinary 'lessons learned' dialogue. It contributes to the broader debate regarding empirical research methods in labour law, and casts light on how empirical research can be conducted in highly contested fields to enhance labour law policy-making. This collection aims to inspire labour lawyers to embark upon new forms of empirical research, both to enrich their existing research projects, and to ask new research questions. It offers the first stage of a collaborative and interdisciplinary dialogue on empirical labour law research, to emphasise the importance of collaboration and intergenerational mentoring in building empirical capacity.
| Author | : Ronald Roesch |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 486 |
| Release | : 1999-02-28 |
| Genre | : Law |
| ISBN | : 9780306459504 |
Of CBFT Programs and Patients -- Integration: Principles of Forensic Treatment -- Established Principles -- Emerging Principles -- Implications for Policy, Practice, and Research -- III.. Issues in Civil Law -- Chapter 8.. Civil Law: Employment and Discrimination / Jane Goodman-Delahunty -- Sources of Antidiscrimination Law -- Conduct Prohibited by Discrimination Laws -- Prevalence of Workplace Discrimination Charges -- Legal Theories of Workplace Discrimination -- Theories of Liability for Workplace Discrimination -- Disparate Treatment -- Adverse Impact -- Statistical Proof of Discrimination -- Hostile Workplace Environment Discrimination -- Reasonable Accommodation -- Reprisal and Retaliation -- Legal Relief and Remedies for Workplace Discrimination -- Traditional Relief -- Compensatory Damages -- Punitive Damages -- Right to a Jury Trial -- Affirmative Action --^ Perceptions of Fairness and Equity in the Workplace -- Illusions of Distributive Justice -- Myth of Merit-Based Decision Making in the Workplace -- Distributive and Procedural Fairness: Affirmative Action and Equal Opportunity -- Fairness in Objective Testing -- Modern Racism in the Workplace -- Background to Current Issues and Research -- Institutional Barriers to Racial Minorities -- Forms of Contemporary Racism -- Contextual Studies of Intergroup Biases -- Sexual Harassment in the Workplace -- Background to Current Issues and Research -- Theories of Harassment: Quid Pro Quo and Hostile Workplace Environment Claims -- Forms of Sexually Harassing Conduct -- Influence of Individual and Social Factors on Sexual Harassment -- Directions for Future Research -- Systemic and Institutional Factors in Employment Discrimination -- Reducing Discrimination in the Workplace -- Damages Flowing from Employment Discrimination --^ Procedural Aspects that Influence Discrimination Charges.
