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Author: Laura Beth Nielsen
Publisher: Springer Science & Business Media
ISBN: 9781402033704
Category : Business & Economics
Languages : en
Pages : 486
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Book Description
There is still much to learn about fundamental aspects of employment discrimination law as a social system. What drives the growing demand for litigation? To what extent does discrimination persist in subtle but pervasive forms and what explains how it varies by organizational and market context? How do different groups of workers perceive the extent to which they are discriminated against and what, if anything, do they do about it? How have employers responded to discrimination law? How is employment discrimination law affected by broader political and legal currents? What is the relationship between anti-discrimination law and patterns of social inequality?The chapters in this unique collection grapple with many of these issues. Questions of this scope require interdisciplinary scholarship; and this volume includes original contributions from many of the legal scholars, economists, psychologists, sociologists, political scientists, and historians who are at the forefront of new research on discrimination and law. The Handbook of Employment Discrimination Research encompasses critical discussions across different social science disciplines, as well as between legal scholars and social scientists. As a collection, the chapters suggest a broad reconsideration of employment discrimination and its treatment in law.
Author: Laura Beth Nielsen
Publisher: Springer Science & Business Media
ISBN: 9781402033704
Category : Business & Economics
Languages : en
Pages : 486
Get Book Here
Book Description
There is still much to learn about fundamental aspects of employment discrimination law as a social system. What drives the growing demand for litigation? To what extent does discrimination persist in subtle but pervasive forms and what explains how it varies by organizational and market context? How do different groups of workers perceive the extent to which they are discriminated against and what, if anything, do they do about it? How have employers responded to discrimination law? How is employment discrimination law affected by broader political and legal currents? What is the relationship between anti-discrimination law and patterns of social inequality?The chapters in this unique collection grapple with many of these issues. Questions of this scope require interdisciplinary scholarship; and this volume includes original contributions from many of the legal scholars, economists, psychologists, sociologists, political scientists, and historians who are at the forefront of new research on discrimination and law. The Handbook of Employment Discrimination Research encompasses critical discussions across different social science disciplines, as well as between legal scholars and social scientists. As a collection, the chapters suggest a broad reconsideration of employment discrimination and its treatment in law.
Author: Alysia Blackham
Publisher: BRILL
ISBN: 9004380493
Category : Law
Languages : en
Pages : 72
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Book Description
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
Author: Ellen Berrey
Publisher: University of Chicago Press
ISBN: 022646685X
Category : Business & Economics
Languages : en
Pages : 366
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Book Description
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: Adrienne Colella
Publisher: Oxford University Press
ISBN: 0199363641
Category : Business & Economics
Languages : en
Pages : 489
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Book Description
The Oxford Handbook of Workplace Discrimination synthesizes decades of evidence and inspires a brand new era of science-practice collaboration in understanding and reducing discrimination at work.
Author: Richard A. Epstein
Publisher: Harvard University Press
ISBN: 9780674308091
Category : Business & Economics
Languages : en
Pages : 980
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Book Description
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
Author: Ann C. McGinley
Publisher: NYU Press
ISBN: 0814796133
Category : Business & Economics
Languages : en
Pages : 272
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Book Description
This book explains how masculinity defeats equal rights for both men and women in the workplace, and to encourage the public, lawyers, and the courts to do something about it. Although Title VII of the Civil Rights Act of 1964 protects both men and women from sex discrimination at work, the courts do not always know illegal discrimination when they see it. In fact, because it is considered normal, masculinity is often invisible to the naked eye.--Author.
Author: Laura Carlson
Publisher: BRILL
ISBN: 9004345450
Category : Law
Languages : en
Pages : 146
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Book Description
Human history is marked by group and individual struggles for emancipation, equality and self-expression. This first volume in the Brill Research Perspectives in Comparative Discrimination Law briefly explores some of the history underlying these efforts in the field of discrimination law. A broad discussion of the historical development of issues of discrimination is first set out, looking at certain international, regional and national bases for modern discrimination legal structures. Several of the theoretical frameworks invoked in a comparative discrimination law analysis are then addressed, either as institutional frameworks or theories addressing specific protection grounds. This first volume is dedicated to setting out an introduction to the field of comparative discrimination law to give the reader a platform from which to undertake further reading and research in the compelling topic of comparative discrimination law.
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309091268
Category : Social Science
Languages : en
Pages : 335
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Book Description
Many racial and ethnic groups in the United States, including blacks, Hispanics, Asians, American Indians, and others, have historically faced severe discriminationâ€"pervasive and open denial of civil, social, political, educational, and economic opportunities. Today, large differences among racial and ethnic groups continue to exist in employment, income and wealth, housing, education, criminal justice, health, and other areas. While many factors may contribute to such differences, their size and extent suggest that various forms of discriminatory treatment persist in U.S. society and serve to undercut the achievement of equal opportunity. Measuring Racial Discrimination considers the definition of race and racial discrimination, reviews the existing techniques used to measure racial discrimination, and identifies new tools and areas for future research. The book conducts a thorough evaluation of current methodologies for a wide range of circumstances in which racial discrimination may occur, and makes recommendations on how to better assess the presence and effects of discrimination.
Author: Jane Goodman-Delahunty
Publisher: Oxford University Press
ISBN: 0195371011
Category : Business & Economics
Languages : en
Pages : 258
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Book Description
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: Kevin Stainback
Publisher: Russell Sage Foundation
ISBN: 1610447883
Category : Social Science
Languages : en
Pages : 413
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Book Description
Enacted nearly fifty years ago, the Civil Rights Act codified a new vision for American society by formally ending segregation and banning race and gender discrimination in the workplace. But how much change did the legislation actually produce? As employers responded to the law, did new and more subtle forms of inequality emerge in the workplace? In an insightful analysis that combines history with a rigorous empirical analysis of newly available data, Documenting Desegregation offers the most comprehensive account to date of what has happened to equal opportunity in America—and what needs to be done in order to achieve a truly integrated workforce. Weaving strands of history, cognitive psychology, and demography, Documenting Desgregation provides a compelling exploration of the ways legislation can affect employer behavior and produce change. Authors Kevin Stainback and Donald Tomaskovic-Devey use a remarkable historical record—data from more than six million workplaces collected by the U.S. Equal Employment Opportunity Commission (EEOC) since 1966—to present a sobering portrait of race and gender in the American workplace. Progress has been decidedly uneven: black men, black women, and white women have prospered in firms that rely on educational credentials when hiring, though white women have advanced more quickly. And white men have hardly fallen behind—they now hold more managerial positions than they did in 1964. The authors argue that the Civil Rights Act's equal opportunity clauses have been most effective when accompanied by social movements demanding changes. EEOC data show that African American men made rapid gains in the 1960s at the height of the Civil Rights movement. Similarly, white women gained access to more professional and managerial jobs in the 1970s as regulators and policymakers began to enact and enforce gender discrimination laws. By the 1980s, however, racial desegregation had stalled, reflecting the dimmed status of the Civil Rights agenda. Racial and gender employment segregation remain high today, and, alarmingly, many firms, particularly in high-wage industries, seem to be moving in the wrong direction and have shown signs of resegregating since the 1980s. To counter this worrying trend, the authors propose new methods to increase diversity by changing industry norms, holding human resources managers to account, and exerting renewed government pressure on large corporations to make equal employment opportunity a national priority. At a time of high unemployment and rising inequality, Documenting Desegregation provides an incisive re-examination of America's tortured pursuit of equal employment opportunity. This important new book will be an indispensable guide for those seeking to understand where America stands in fulfilling its promise of a workplace free from discrimination.
