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Author: Alice Taylor (author)
Publisher:
ISBN: 9781509952953
Category : Discrimination
Languages : en
Pages : 0
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Book Description
This book explores the judiciary's role in achieving substantive equality utilising statutory discrimination law. The normative literature suggests that to eliminate discrimination, courts have to adopt a more substantive interpretation of discrimination laws, but the extent to which this has occurred is variable. The book tackles the problem by exploring the idea that there needs to be a 'creative' interpretation of discrimination law to achieve substantive results. The author asks: is a 'creative' interpretation of statutory discrimination law consistent with the institutional role of the judiciary? The author takes a comparative approach to the interpretation of non-discrimination rights by considering the interpretation of statutory discrimination law in the UK, Canada and Australia. The book explores the differences in doctrine that have developed by considering key controversies in discrimination law: Who does discrimination law protect? What is discrimination? When can discrimination be justified? The author argues that differences in the case law in each jurisdiction are explained by the way in which the appropriate role for the courts in rights review, norm elaboration and institutional competence is conceived in each studied jurisdiction. It provides valuable reading for academics, policy makers and those researching discrimination law and statutory human rights.
Author: Alice Taylor (author)
Publisher:
ISBN: 9781509952953
Category : Discrimination
Languages : en
Pages : 0
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Book Description
This book explores the judiciary's role in achieving substantive equality utilising statutory discrimination law. The normative literature suggests that to eliminate discrimination, courts have to adopt a more substantive interpretation of discrimination laws, but the extent to which this has occurred is variable. The book tackles the problem by exploring the idea that there needs to be a 'creative' interpretation of discrimination law to achieve substantive results. The author asks: is a 'creative' interpretation of statutory discrimination law consistent with the institutional role of the judiciary? The author takes a comparative approach to the interpretation of non-discrimination rights by considering the interpretation of statutory discrimination law in the UK, Canada and Australia. The book explores the differences in doctrine that have developed by considering key controversies in discrimination law: Who does discrimination law protect? What is discrimination? When can discrimination be justified? The author argues that differences in the case law in each jurisdiction are explained by the way in which the appropriate role for the courts in rights review, norm elaboration and institutional competence is conceived in each studied jurisdiction. It provides valuable reading for academics, policy makers and those researching discrimination law and statutory human rights.
Author: Alice Taylor
Publisher: Bloomsbury Publishing
ISBN: 1509952934
Category : Law
Languages : en
Pages : 259
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Book Description
This book explores the judiciary's role in achieving substantive equality utilising statutory discrimination law. The normative literature suggests that to eliminate discrimination, courts have to adopt a more substantive interpretation of discrimination laws, but the extent to which this has occurred is variable. The book tackles the problem by exploring the idea that there needs to be a 'creative' interpretation of discrimination law to achieve substantive results. The author asks: is a 'creative' interpretation of statutory discrimination law consistent with the institutional role of the judiciary? The author takes a comparative approach to the interpretation of non-discrimination rights by considering the interpretation of statutory discrimination law in the UK, Canada and Australia. The book explores the differences in doctrine that have developed by considering key controversies in discrimination law: Who does discrimination law protect? What is discrimination? When can discrimination be justified? The author argues that differences in the case law in each jurisdiction are explained by the way in which the appropriate role for the courts in rights review, norm elaboration and institutional competence is conceived in each studied jurisdiction. It provides valuable reading for academics, policy makers and those researching discrimination law and statutory human rights.
Author: Michael Rubenstein
Publisher:
ISBN: 9781405716512
Category : Discrimination
Languages : en
Pages : 126
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Book Description
The 19th edition of this annually updated Guide takes into account the effect on the case law of the discrimination cases reported in Industrial Relations Law Reports (IRLR) during 2005.
Author: MARTHA. CHAMALLAS
Publisher: West Academic Publishing
ISBN: 9781636592817
Category :
Languages : en
Pages : 0
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Book Description
This Concise Hornbook explains the intricate doctrines and frameworks of proof that courts have developed in interpreting federal employment discrimination statutes. It provides in-depth treatment of Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA). Designed for use by law students, scholars, and practitioners, the book identifies the critical elements of disparate treatment and disparate impact theory and proof requirements for claims of harassment and retaliation. Separate sections address distinctive issues relating to race, national origin, and religious discrimination as well as pregnancy and caregiver discrimination, pay equity suits and discrimination based on sexual orientation and gender identity. The book examines U.S. Supreme Court precedents and developments and trends in the lower courts.
Author: Sandra F. Sperino
Publisher: Oxford University Press
ISBN: 0190278404
Category : Law
Languages : en
Pages : 272
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Book Description
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: George Rutherglen
Publisher:
ISBN:
Category : Discrimination in employment
Languages : en
Pages : 260
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Book Description
Law school casebook intended as an introduction to the field of employment discrimination law, both at the abstract level of theory and at the concrete level of doctrine. As much an introduction for experienced lawyers and scholars who come to this field with a thorough knowledge of other aspects of the law as for law students who have just begun preparing for their careers.
Author: MICHAEL. CONNOLLY
Publisher: Routledge
ISBN: 9780367586232
Category :
Languages : en
Pages : 0
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Book Description
This book examines these cases from the perspective of statutory interpretation, the judge's primary function. The scrutiny finds the judgments technically flawed, overcomplicated, excessively long, and often unduly restrictive. As such, this book explains how the cases should have been resolved .
Author: Rachel Croskery-Roberts
Publisher: Aspen Publishing
ISBN: 1454819006
Category : Law
Languages : en
Pages : 307
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Book Description
Employment Discrimination Law is an innovative new skills-based text designed for flexible use. To add a skills component to lecture courses, it can be used in conjunction with traditional casebooks, and is also an ideal text for a free-standing practicum or seminar. Employment Discrimination Law functions as a "course in a box" providing readers with basic background law, including constitutional and statutory law governing the employment relationship; general drafting principles important to lawyers in any field as well as an overview of drafting issues specific to employment discrimination law; an introduction to the key research strategies and sources; an overview of the ethical issues likely to arise; and a solid preview of client counseling, negotiation strategy, and preventative lawyering. The text features a combination of text, sample documents, checklists, charts, and exercises. These well-crafted exercises, for students to complete individually or in groups, range from discrete questions to be researched and answered in a 5-minute small-group class session to much more detailed problems that could serve as final evaluative documents. Employment Discrimination Law is an innovative new skills-based text designed for flexible use. To add a skills component to lecture courses, it can be used in conjunction with traditional casebooks, and is also an ideal text for a free-standing practicum or seminar. Employment Discrimination Law functions as a "course in a box" providing readers with basic background law, including constitutional and statutory law governing the employment relationship; general drafting principles important to lawyers in any field as well as an overview of drafting issues specific to employment discrimination law; an introduction to the key research strategies and sources; an overview of the ethical issues likely to arise; and a solid preview of client counseling, negotiation strategy, and preventative lawyering. The text features a combination of text, sample documents, checklists, charts, and exercises. These well-crafted exercises, for students to complete individually or in groups, range from discrete questions to be researched and answered in a 5-minute small-group class session to much more detailed problems that could serve as final evaluative documents.
Author: David A. Robinson J.D
Publisher: Archway Publishing
ISBN: 148080052X
Category : Law
Languages : en
Pages : 109
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Book Description
The most important color in the workplace is not black or white, but green. A company's employment decisions should be based on the bottom line, not on an employee's skin color, gender, age, ethnicity, or other discriminatory category. Businesses shouldn't care if an employee is black, white, brown, red, or some other color; they should care how well they perform their job. In Workplace Discrimination Prevention Manual, author and attorney David A. Robinson teaches employers how to prevent some of the more common types of illegal discrimination in the workplace and how to prevent or reduce the impact or likelihood of a discrimination lawsuit. He helps employers learn how to run a productive, efficient, profitable business without violating the discrimination laws. Robinson answers some of the most perplexing questions in human resource management today: - Should employers think about the race and skin color of their employees, or should employers be race-blind and color-blind? - Should supervisors be more lenient with aging and disabled employees than with other employees, or should they treat everyone the same? - Should employers treat men and women differently, or the same? Filled with innovative, practical tips, Workplace Discrimination Prevention Manual provides an easy-to-understand overview of employment discrimination law and discusses the specifics of race, ethnicity, age, religion, disability, and sexual orientation discrimination. This guidebook presents a valuable resource for executives, managers, lawyers, business students, and law students.
Author: Ellen Berrey
Publisher: University of Chicago Press
ISBN: 022646699X
Category : Law
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.
