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Author : Susan Chapman
Publisher : Unknown
Page : 128 pages
File Size : 43,7 Mb
Release : 2017-03
Category : Electronic
ISBN : 043349249X
Author : Sandra F. Sperino,Suja A. Thomas
Publisher : Oxford University Press
Page : 272 pages
File Size : 53,9 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 : Stephen J. Vodanovich,Deborah E. Rupp
Publisher : Oxford University Press
Page : 385 pages
File Size : 40,9 Mb
Release : 2022
Category : Law
ISBN : 9780190085421
"The U.S. civil court system consists of three levels: 1) District Courts ("Trial Courts"), 2) Circuit Courts of Appeal ("appellate courts") and 3) the Supreme Court (see Figure 1.1). The United States has a total of 94 districts, representing distinct geographic regions (see Table 1.1). The number of districts varies by state. For instance, some states have only one district (e.g., Arizona, Colorado, Delaware), while others have multiple districts, such as California, Florida, and Michigan (e.g., Southern District of California, Central District of California)"--
Author : Jo Carby-Hall,Zbigniew Góral,Aneta Tyc
Publisher : Taylor & Francis
Page : 289 pages
File Size : 46,7 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 : Kevin D. MacNeill
Publisher : Aurora, Ont. : Canada Law Book
Page : 128 pages
File Size : 44,8 Mb
Release : 2003
Category : Discrimination in employment
ISBN : 0888043945
Author : Stacey Reginald Ball,Jack Braithwaite
Publisher : Canada Law Book
Page : 128 pages
File Size : 51,7 Mb
Release : 1996-05-01
Category : Labor laws and legislation
ISBN : 0888042183
Author : Laura Beth Nielsen,Robert L. Nelson
Publisher : Springer Science & Business Media
Page : 462 pages
File Size : 42,8 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.
Author : Lori B. Rassas
Publisher : Aspen Publishing
Page : 684 pages
File Size : 40,8 Mb
Release : 2022-09-14
Category : Law
ISBN : 9781543858686
"Text for undergraduate, graduate, human resources, and paralegal courses on employment law"--
Author : Richard A. Epstein
Publisher : Harvard University Press
Page : 980 pages
File Size : 45,7 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 : Adrienne Colella,Eden B. King
Publisher : Oxford University Press
Page : 489 pages
File Size : 49,5 Mb
Release : 2018
Category : Business & Economics
ISBN : 9780199363643
The Oxford Handbook of Workplace Discrimination provides readers with a broad and interdisciplinary review of state-of-the-art research on discrimination in the workplace. In this volume, Colella, King, and their contributing authors examine the unique experiences of people from diverse perspectives and communities (including religious minorities, gay and lesbian workers, and people with disabilities); explore the myriad ways in which discrimination can manifest and its overall consequences; offer explanations for discrimination; and discuss strategies for reduction.
Author : National Academies of Sciences, Engineering, and Medicine,Division of Behavioral and Social Sciences and Education,Board on Behavioral, Cognitive, and Sensory Sciences,Committee on the Science of Changing Behavioral Health Social Norms
Publisher : National Academies Press
Page : 171 pages
File Size : 43,7 Mb
Release : 2016-09-03
Category : Social Science
ISBN : 9780309439121
Estimates indicate that as many as 1 in 4 Americans will experience a mental health problem or will misuse alcohol or drugs in their lifetimes. These disorders are among the most highly stigmatized health conditions in the United States, and they remain barriers to full participation in society in areas as basic as education, housing, and employment. Improving the lives of people with mental health and substance abuse disorders has been a priority in the United States for more than 50 years. The Community Mental Health Act of 1963 is considered a major turning point in America's efforts to improve behavioral healthcare. It ushered in an era of optimism and hope and laid the groundwork for the consumer movement and new models of recovery. The consumer movement gave voice to people with mental and substance use disorders and brought their perspectives and experience into national discussions about mental health. However over the same 50-year period, positive change in American public attitudes and beliefs about mental and substance use disorders has lagged behind these advances. Stigma is a complex social phenomenon based on a relationship between an attribute and a stereotype that assigns undesirable labels, qualities, and behaviors to a person with that attribute. Labeled individuals are then socially devalued, which leads to inequality and discrimination. This report contributes to national efforts to understand and change attitudes, beliefs and behaviors that can lead to stigma and discrimination. Changing stigma in a lasting way will require coordinated efforts, which are based on the best possible evidence, supported at the national level with multiyear funding, and planned and implemented by an effective coalition of representative stakeholders. Ending Discrimination Against People with Mental and Substance Use Disorders: The Evidence for Stigma Change explores stigma and discrimination faced by individuals with mental or substance use disorders and recommends effective strategies for reducing stigma and encouraging people to seek treatment and other supportive services. It offers a set of conclusions and recommendations about successful stigma change strategies and the research needed to inform and evaluate these efforts in the United States.
Author : Marie Mercat-Bruns
Publisher : Univ of California Press
Page : 387 pages
File Size : 50,8 Mb
Release : 2016-02-22
Category : Social Science
ISBN : 9780520283800
Consists of interviews with American professors.
Author : Dr Hazel Conley,Ms Tessa Wright
Publisher : Gower Publishing, Ltd.
Page : 345 pages
File Size : 47,9 Mb
Release : 2012-09-28
Category : Law
ISBN : 9781409459095
Workplace discrimination is an experience that, despite four decades of equality legislation, continues to blight the lives of thousands every year. Discrimination persists on the protected grounds of sex, race, disability, age, sexual orientation, religion or belief and gender reassignment, as well as where no legal protection exists such as in relation to class background or migration status. The Handbook discusses recent changes in equality legislation as well as considering the limitations of legal frameworks in addressing inequality. However, complying with the law is only the first step towards addressing discrimination in the workplace, and the book goes beyond the law and provides evidence of good practice in promoting organisational culture change, as well as considering future directions for policy on equality action. The Gower Handbook of Discrimination at Work looks at both social justice and business case perspectives, and its message is not a negative one. The contributors have considerable depth of understanding of workplace discrimination, both as academics and equality practitioners, their work has contributed to policy formation and all are committed to improving the lives of people at work. They offer insights into existing international developments and make suggestions for the ways in which positive change can be realised. Practitioners, such as human resources professionals and other managers involved in addressing equality at work, trade unionists, equality trainers, and academics concerned with researching or teaching in the areas of employment and equality will all find this book of interest. Furthermore, it will be of value to students in the fields of business and management, employment law, equality and diversity and human resource management.
Author : Carol Agocs
Publisher : University of Toronto Press
Page : 346 pages
File Size : 49,5 Mb
Release : 2014-07-31
Category : Law
ISBN : 9781442668522
In the mid-1980s, the Abella Commission on Equality in Employment and the federal Employment Equity Act made Canada a policy leader in addressing systemic discrimination in the workplace. More than twenty-five years later, Employment Equity in Canada assembles a distinguished group of experts to examine the state of employment equity in Canada today. Examining the evidence of nearly thirty years, the contributors – both scholars and practitioners of employment policy – evaluate the history and influence of the Abella Report, the impact of Canada’s employment equity legislation on equality in the workplace, and the future of substantive equality in an environment where the Canadian government is increasingly hostile to intervention in the workplace. They compare Canada’s legal and policy choices to those of the United States and to the UN Convention on the Rights of Persons with Disabilities, and examine ways in which the concept of employment equity might be expanded to embrace other vulnerable communities. Their observations will be essential reading for those seeking to understand the past, present, and future of Canadian employment and equity policy.
Author : Laura Beth Nielsen,Robert L. Nelson
Publisher : Springer
Page : 461 pages
File Size : 54,8 Mb
Release : 2008-06-25
Category : Law
ISBN : 0387094660
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.