Employment Discrimination Law

ISBN-10: 1599418126
ISBN-13: 9781599418124
Edition: 3rd 2010 (Revised)
List price: $44.00
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Description: This book is 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. it is as much an introduction for experienced lawyers and scholars who come to this  More...

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Book details

List price: $44.00
Edition: 3rd
Copyright year: 2010
Publisher: West Academic
Publication date: 12/22/2009
Binding: Paperback
Pages: 275
Size: 6.25" wide x 9.25" long x 0.50" tall
Weight: 0.836
Language: English

This book is 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. it is 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. the new edition offers an up-to-date introduction to employment discrimination law: the major statutes, the current cases, the outstanding issues, and the competing policies in this field. the leading decisions of the Supreme Court receive a comprehensive analysis, in terms both of theory and doctrine, putting them in the context of the relevant statutory provisions and other judicial decisions. This book offers three different theoretical perspectives based on history, economics, and critical social theory to explain both the complexities and the tensions inherent in existing law.

Preface
Introduction
Development of the Law
Constitutional Law
The Civil Rights Act of 1964
Age and Disability
Judicial Interpretation and Legislative Amendment
Discrimination and Equality
The Historical Perspective: Equality as Colorblindness
The Economic Perspective: Equality as Merit
The Remedial Perspective and Remedial Equality
General Theories of Equality
Individual Claims of Intentional Discrimination
Statutory Definitions of Discrimination
McDonnell Douglas Corp. v. Green
Subsequent Developments
Mixed-Motive Cases and Remedies
Consequences of the Burden of Proof
Class Claims: From Intentional Discrimination to Disparate Impact
Class Claims of Disparate Treatment
The Simple Model
The Complex Model
The "Prima Facie" Case
Colorblindness and Class Claims of Disparate Treatment
Class Claims of Disparate Impact
From Griggs to Wards Cove
Wards Cove and the Civil Rights Act of 1991
Proof of Disparate Impact
Defendant's Burden of Proof
The Theory of Disparate Impact and Affirmative Action
Affirmative Action
Statutory Issues
Constitutional Issues
Federal Regulations
The EEOC Guidelines on Affirmative Action
OFCCP Regulations
Sex Discrimination Under Title VTI and the Equal Pay Act
The Equal Pay Act
Sex Discrimination in Pay: The Relationship Between the Equal Pay Act and Title VII
The Formal Interpretation of the Prohibition Against Sex Discrimination
Classifications on the Basis of Pregnancy
Bona Fide Occupational Qualifications on the Basis of Sex
Sexual Harassment
Other Forms of Discrimination and Defenses Under Title VII
Discrimination on the Basis of National Origin
Religious Discrimination
Retaliation
Discrimination in Advertising
Seniority Systems
Coverage
Procedures Under Title VII
Statute of Limitations
State or Local Administrative Proceedings
EEOC Proceedings
Judicial Proceedings
General Principles
Public Actions
Private Actions
Actions by Federal Employees
Preclusion
Remedies
Equitable Remedies
Damages and the Civil Rights Act of 1991
Remedies in Class Actions and Pattern-or-Practice-Actions
Attorney's Fees
Reconstruction Civil Rights Acts
Section 1983
Section 1981
Section 1985(3)
The Age Discrimination in Employment Act
Prohibitions and Exceptions
Procedures and Remedies
Implications of the ADEA
Disabilities
The Rehabilitation Act of 1973
The Americans with Disabilities Act
Coverage of Disabilities
The Duty of Reasonable Accommodation
State Laws
Substantive Provisions
Procedures and Remedies
Table of Cases
Index

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