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Author : Canada. Department of Labour
Publisher : Unknown
Page : 32 pages
File Size : 45,9 Mb
Release : 1963
Category : Discrimination in employment
ISBN : STANFORD:36105063011584
Author : Sandra F. Sperino,Suja A. Thomas
Publisher : Oxford University Press
Page : 272 pages
File Size : 46,7 Mb
Release : 2017-05-01
Category : Law
ISBN : 9780190278403
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 : Jo Carby-Hall,Zbigniew Góral,Aneta Tyc
Publisher : Taylor & Francis
Page : 289 pages
File Size : 48,9 Mb
Release : 2022-12-14
Category : Law
ISBN : 9781000797787
Presenting the issues of discrimination in employment in a multifaceted manner, this book examines the standards on anti-discrimination law for employment at international and EU levels and those deriving from national jurisdictions. Bringing together top scholars in the field of anti-discrimination employment law, this book explains the conceptual and theoretical foundations of the principle of non-discrimination in employment and assesses the most significant changes to law and ongoing challenges in the Netherlands, Poland, Germany, the UK, Australia, New Zealand, Canada, India, Switzerland and Israel. Identifying emerging trends in anti-discrimination employment law, this book offers a comparative, problem-solving approach and an in-depth analysis of new developments in both anti-discrimination statutory law and case law. Addressing employment law with a focus on anti-discrimination law and human rights law, this book will be essential reading for students, academics and practitioners working in the fields of labour and employment law, anti-discrimination law and human rights law and offers an international comparative overview of the most up-to-date issues relating to discrimination.
Author : Michael Evan Gold
Publisher : Cornell University Press
Page : 132 pages
File Size : 53,8 Mb
Release : 2001
Category : Business & Economics
ISBN : 0801487498
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.
Author : Oana ?tefan
Publisher : Kluwer Law International B.V.
Page : 286 pages
File Size : 50,6 Mb
Release : 2012-11-01
Category : Law
ISBN : 9789041148001
Drawing on a data set of 696 documents – competition and state aid judgments, orders and opinions of the European Courts, and Advocates’ General opinions referring to various soft law instruments – this detailed textual and doctrinal analysis investigates the way in which the EU Courts deal with soft law, how the normative status of these instruments is acknowledged, and how their effects are recognized. It reveals that several ‘champion’ instruments feature frequently in the case law: the guidelines on fines and the leniency notice in competition law, the state aid instruments on aid to be granted to enterprises in difficulty, regional aid, de minimis aid, and aid to be granted to SMEs – all of them having in common the fact that they regulate highly litigated areas. The analysis treats issues such as the following: ; the pathway from judicial ignorance to judicial acknowledgement of soft law; ; the judicial creation of legal ‘hybrids’; the judicial review of soft law; the potential use of soft law as a ‘sword’ or as a ‘shield’ in a court of law; the distinction between legally binding force and legal effects; how soft law can produce legal effects through the operation of general principles of law such as legitimate expectations, legal certainty, or human rights; and how the Courts locate soft law on a strong constitutional pluralist background. Although the analysis might appear to relate to a fairly narrow spectrum of EU law, in fact the interaction of soft law and legal principles reaches into many diverse areas of law, and increasingly so in the twenty-first century. Consequently, this ground-breaking book will prove immeasurably valuable to any practitioner, academic, or policymaker interested in how the EU Court is fulfilling once again its constitutionalizing role, even in an area traditionally lacking formalism and conventions: that of soft instruments of governance.
Author : Anonim
Publisher : Unknown
Page : 16 pages
File Size : 47,6 Mb
Release : 2001
Category : Discrimination
ISBN : PURD:32754070201706
Author : Ockert Dupper
Publisher : Juta and Company Ltd
Page : 372 pages
File Size : 48,9 Mb
Release : 2004
Category : Law
ISBN : 0702165484
This book is divided into four parts. In Part One the current legislative framework regulating employment equity, namely the Constitution and the Employment Equity Act, is examined. Part Two of the book focuses on the general principles of employment discrimination law. It examines the concept of 'unfair discrimination', the distinction between 'direct' and 'indirect' discrimination and 'listed' and 'unlisted' grounds of discrimination. This Part also deals with the statutory defences against an allegation of unfair discrimination. Part Three examines issues such as dismissal on discriminatory grounds such as race, sex, disability and HIV/AIDS; the principle of equal pay for work of equal value; discrimination against persons with disabilities; employment testing; sexual harassment; and affirmative action. Part Four of the book deals with the Promotion of Equality and Prevention of Unfair Discrimination Act to the extent that it impacts on the workplace.
Author : Arjun Prakash Aggarwal
Publisher : Lexis Law Publishing (Va)
Page : 392 pages
File Size : 45,5 Mb
Release : 1994
Category : Law
ISBN : UOM:39015033335061
This text examines employment practices and policies that may constitute sex discrimination under Canadian law. It addresses the rights and obligations of both employers and employees as defined by federal and provincial human rights legislation, case law and collective agreements. Comparable trends in US law are also identified and discussed.
Author : Thomas D. Schneid
Publisher : CRC Press
Page : 441 pages
File Size : 41,6 Mb
Release : 2011-12-05
Category : Business & Economics
ISBN : 9781439867792
Safety professionals communicate, directly and indirectly with a large number of employees and others on a daily basis. While not lawyers, they regularly deal with legal issues. A subset of their responsibilities includes how to discuss safety without crossing the discriminatory line. To do this, they need an understanding of discrimination laws. Discrimination Law Issues for the Safety Professional gives them exactly that. It provides general knowledge of the laws and regulations that offer protection to employees and individuals against discrimination in the workplace. Created by safety expert Thomas Schneid, specifically for safety professionals, the book takes a proactive approach to identifying situations where potential discrimination against an employee or individual may occur, and supplies guidance on how to take immediate action to address the potential discriminatory situation. Schneid also identifies "red flag" situations where potential discrimination against an employee or individual may surface and safety professionals should proceed with caution. Once they can recognize these red flags, they can take immediate action to address the potential discriminatory situation. Although many texts address discrimination in the workplace, very few, if any, educate individuals and employers on how to prevent acts and omissions in the workplace that can result in discrimination from a safety perspective. With the multitude of laws and regulations addressing the prohibition of discrimination in the workplace, often legal actions result from individuals and employers simply not being knowledgeable in the requirements of the law. Written in clear, plain language, not legalese or business speak, this book delineates the procedures that safety professionals need to know in the area of labor, employment, and other laws impacting the safety function.
Author : Canada. Library of Parliament. Research Branch,Nancy Holmes
Publisher : Unknown
Page : 0 pages
File Size : 42,5 Mb
Release : 1997
Category : Civil rights
ISBN : OCLC:1081111005
The Canadian Human Rights Act was enacted in 1977 after human rights legislation had already been implemented in most of the provinces. The federal statute followed its provincial counterparts in establishing a comprehensive scheme for dealing with instances of discrimination in federal public and private sectors. This document looks at processing complaints of discrimination. Topics covered are: background; complaints procedures; form of the complaint; investigation; conciliation and settlement; adjudication; judicial review; and, offence provisions.
Author : Robert Belton
Publisher : West Academic Publishing
Page : 1080 pages
File Size : 55,8 Mb
Release : 2004
Category : Discrimination in employment
ISBN : STANFORD:36105063633288
Reflecting the dominate theme of workplace equality, the authors go beyond this general consensus to affirm that the fundamental purpose of laws prohibiting employment discrimination is to implement the national civil rights policy. Organized around an examination of the reach and limits of laws, the book scrutinizes the federal statutory protection against employment discrimination. Constitutional provisions and state laws are included where appropriate. In addition, this new edition extensively uses scholarship drawn from the work of critical race theorists and feminist legal scholars. It also has materials on the law and economics approach to employment discrimination.
Author : Richard A. Epstein
Publisher : Harvard University Press
Page : 980 pages
File Size : 42,8 Mb
Release : 1992
Category : Business & Economics
ISBN : 0674308093
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 : United States
Publisher : Unknown
Page : 1464 pages
File Size : 44,9 Mb
Release : 1971
Category : Law
ISBN : UOM:39015033909279
Author : Ellen Berrey,Robert L. Nelson,Laura Beth Nielsen
Publisher : University of Chicago Press
Page : 366 pages
File Size : 50,6 Mb
Release : 2017-06-22
Category : Law
ISBN : 9780226466859
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 : Laura Beth Nielsen,Robert L. Nelson
Publisher : Springer Science & Business Media
Page : 462 pages
File Size : 48,9 Mb
Release : 2006-01-01
Category : Social Science
ISBN : 9781402034558
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.