Foundations of Employment Discrimination Law, part of the Interdisciplinary Readers in Law Series, looks at the moral and philosophical issues of employment and discrimination, featuring readings from Isaiah Berlin, Owen Fiss, and Milton Friedman. It covers the general development of the law, and devotes a section each to race discrimination, sex discrimination, and age and disability discrimination. Within each section Donohue considers the theories, economic issues, and the impact of the law, and includes a selection of critical perspectives.
This streamlined, straightforward casebook offers a fresh perspective on employment discrimination law, presenting a procedural-based approach (lacking in other texts) with interactive materials. While still providing traditional coverage, Employment Discrimination: Procedure, Principles, and Practice, Second Edition emphasizes the importance of procedural issues in workplace cases. It includes a unique “best practices” chapter, which discusses the most effective ways to address workplace discrimination from both a theoretical and legal perspective. Numerous exercises and problems foster classroom discussion. Practice tips situate students in the role of a practicing lawyer. Modern, cutting-edge cases demonstrate the importance of employment discrimination law. Text boxes within cases, historical notes, and news events effectively help bring the material to life. New to the Second Edition: A renewed focus on sexual harassment and a robust discussion of the #metoo movement An examination of sexual orientation and a review of the conflicting federal appellate cases on whether it is protected by anti-discrimination laws A new focus on appearance discrimination and the recent case law related to this issue A discussion of how issues evolving in the gig economy can impact workplace discrimination Professors and students will benefit from: Focus on procedure (with theoretical underpinnings) to stimulate practical learning Comprehensive coverage, encompassing topics traditionally included in the course (statutory, regulatory, and administrative issues), but with a timely procedural focus integrated throughout Recent, topical cases which bring the issues to life for students and allow them to see how procedural issues are demonstrated in the employment discrimination context A unique chapter on best practices, which examines the proper training and complaint procedures that employers should have in place; explores policies and procedures for responding to employee reference requests; looks at emerging trends in the workplace, such as social media policies; and covers employee bullying Interactive features (discussion problems, practice/procedural tips, class exercises, notes and questions, graphs/charts, etc.), to foster class discussion and student engagement Chapter-in-review sections that further student comprehension
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1867 edition. Excerpt: ... CHAPTER V. THE CAMBRIDGE PLATONISTS. "while the Cartesian philosophy was thus spreading on the Continent and in England, a fresh source of intellectual activity was developing itself in that very remarkable school, which, confined chiefly to our own University, exercised, during a considerable part of the century, no small influence over her most studious and thoughtful minds. At first sight it would seem singular that there should be any sympathy whatever between a school of thought which was little more than a re-construction out of the philosophy of the past, --of that section of ancient philosophy moreover of which most modern thinkers are apt to speak with least tolerance, --and a system professedly hostile to all earlier modes of speculation, and which aimed at effecting a total revolution in the whole domain of philosophic research. Beyond the essentially subjective cha-Neo-putoracter which belonged alike to the philosophy of Descartes nlm and that of Henry More, there would appear indeed to have been little in common save dissatisfaction with the existing state of things. The Platonism of the seventeenth century was not simply a revival of a past school of thought, but it was also an avowed declaration against Calvinistic doctrines and Aristotelian dogmas., More has sufficiently indicated this fact in his own narrative of himself. "But neither there" (at school), says he, "nor yet anywhere else could I ever swallow down that hard doctrine con cerning fate. On the contrary, I remember that upon those words of Epictetas, "Aye fie 3 Zev, teat av ij ire- irpapivt, Lead me, O Jupiter, and thou Fate, I did (with my eldest brother, who then, as it happened, had accompanied my uncle thither), very stoutly and earnestly for my years, ...
How do we understand and justify the particular partialities that discrimination law tries to protect against? Are different discrimination laws from around the world grounded in a single set of norms? And does discrimination law fail to treat people as individuals? The philosophical study around discrimination law in the private and public sector is a relatively young field of inquiry. This is owing to the fact that anti-discrimination laws are relatively new. It is arguably only since the Second World War that these rights have been adopted by countries in a broad sense, ensuring that all citizens have civil rights and the right to non-discrimination. Theory around discrimination law has until recently been threefold, doctrinal in its approach, questioning equality - why it matters and why should it influence legislatures in the design of policy - and thirdly focusing on the issue of affirmative action. This volume takes a fresh look at the philosophy of discrimination law, identifying points of discussion in need of further study. It addresses how we are to understand and justify laws prohibiting discrimination. For instance, how discrimination might be best conceived - as a personal wrong or as an unfair distribution of resources. The volume then turns to a number of meta-theoretical questions, whether different discrimination laws are coherent and grounded in collectively held beliefs or are instead a collection of very different rules that have no underlying coherence. Lastly, the authors focus on issues in discrimination law that are currently the topic of considerable political debate. The questions raised here are urgent and necessary and it is the hope of the authors that other academics and philosophers may join in their discussions.
Updates and Commentary on Employment Discrimination Law 2020, reviews developments in the field of employment discrimination law during the past year, with some notable developments from prior years where particularly influential. The review offers edited versions of some of the most important cases, summaries of other cases, and summaries of enacted and proposed legislation for an audience of researchers, students, and practitioners. The update is designed to quickly bring readers up to date with new developments in the field. Hot topics discussed include the continuing evolution in the law concerning arbitration, developments in methods of proof in disparate treatment cases, limitations on the reach of disparate impact claims, developments in mixed motives cases, new commentary and legislation connected with the #MeToo movement, developments connected with the gender pay gap, expansion of antidiscrimination protection to natural hair styles, developments in antidiscrimination protection of LGBTQ+ employees, and an upsurge in defenses based on claims of religious freedom.
Summarizes the provisions of those federal laws which prohibit employment discrimination: Title VII of the Civil Rights Act (1964), the Age Discrimination in Employment Act (1967), the Americans with Disabilities Act (1990), and the Equal Pay Act (1963).
