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This book examines the federal statutory protection against employment discrimination, highlighting the themes of workplace equality that are embodied in the civil rights laws. Additional nondiscrimination rights that arise under the U.S. Constitution and some state human rights laws are also explored. Like prior editions, this edition features many recent cases and new federal statutes, as well as diverse contemporary scholarship drawn from critical race theory, feminist legal theory, history, social science, and law and economics, among other disciplines. The authors' extensive materials framing the cases are designed to prepare students thoroughly for practice in this rapidly changing field of law.
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.
No one doubts the evils of invidious discrimination, or that prohibition of employment discrimination is a valid cause. Formal anti-discrimination laws applicable to employment exist in many countries. Yet discrimination seems to persist, and substantive equality remains elusive, in employment as in other walks of life. What are legislators doing to close this gap? That is the central question addressed by the eight national employment law experts whose papers originally presented at the Ninth Tokyo Seminar on Comparative Labour Law, held in February 2008 are presented here in revised versions. The eight countries represented are the United States, the United Kingdom, Germany, France, Australia, Korea, Taiwan and Japan. The topics and issues examined by each national contributor include the following: a brief historic overview and notable recent developments; statutes to prohibit discrimination on grounds of race/ethnicity, sex, religion/beliefs, age, disability, sexual orientation and employment status (such as part-time and fixed-term contract); special laws regarding wages, such as equal pay between men and women; constitutional basis for anti-discrimination statutes; typical cases of employment discrimination; justifiable grounds for distinction or disparity; so-called indirect discrimination; comparison of treatment of newer types of discrimination (e.g. age, disability, employment status) with treatment of traditional ones (e.g. race, sex); important issues of remedial procedure regarding employment discrimination cases; relationship between employment discrimination law and employment policy considerations; effect on employment practices of age discrimination and employment-status discrimination laws; measures to promote employment of elderly or disabled people; merits and demerits of addressing employment issues from the standpoint of and‘discriminationand’; and the most important issue of employment discrimination in each country today This book demonstrates that, while the growing importance of this area is commonly observed, there are differences in specific grounds covered by law and in the legal and societal contexts in which they came to be addressed. Nonetheless, it is definitely necessary and beneficial to learn from the systems and actual experiences of other countries, and these detailed descriptions and analyses provide invaluable information for this purpose for both practitioners and academics.
This text is a concise guide to employment-discrimination and related laws especially designed for management students. The information contained raises awareness of the issues in the work place and is designed to enable future business managers to provide informed leadership necessary for a discrimination and harassment free work place.
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

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