The Case for Discrimination
Author: Walter E. Block
Publisher:
Published: 2010-12-28
Total Pages: 541
ISBN-13: 9781933550817
DOWNLOAD EBOOKWalter E. Block discusses how discrimination effects economics.
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Employment Discrimination Law
Author: Robert Belton
Publisher: West Academic Publishing
Published: 2004
Total Pages: 1080
ISBN-13:
DOWNLOAD EBOOKReflecting 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.
Forbidden Grounds
Author: Richard A. Epstein
Publisher: Harvard University Press
Published: 1992
Total Pages: 980
ISBN-13: 9780674308091
DOWNLOAD EBOOKThis 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
Sexual Harassment of Working Women
Author: Catharine A. MacKinnon
Publisher: Yale University Press
Published: 1979-01-01
Total Pages: 330
ISBN-13: 9780300022995
DOWNLOAD EBOOKA comprehensive legal theory is needed to prevent the persistence of sexual harassment. Although requiring sexual favors as a quid pro quo for job retention or advancement clearly is unjust, the task of translating that obvious statement into legal theory is difficult. To do so, one must define sexual harassment and decide what the law's role in addressing harassment claims should be. In Sexual Harassment of Working Women,' Catharine Mac-Kinnon attempts all of this and more. In making a strong case that sexual harassment is sex discrimination and that a legal remedy should be available for it, the book proposes a new standard for evaluating all practices claimed to be discriminatory on the basis of sex. Although MacKinnon's "inequality" theory is flawed and its implications are not considered sufficiently, her formulation of it makes the book a significant contribution to the literature of sex discrimination. MacKinnon calls upon the law to eliminate not only sex dis- crimination but also most instances of sexism from society. She uses traditional theories in an admittedly strident manner, and relies upon both traditional and radical-feminist sources. The results of her effort are mixed. The book is at times fresh and challenging, at times needlessly provocative. -- https://www.jstor.org (Sep. 30, 2016).
Unequal
Author: Sandra F. Sperino
Publisher: Oxford University Press
Published: 2017-05-01
Total Pages: 233
ISBN-13: 0190278404
DOWNLOAD EBOOKIt 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.
The Social Roots of Discrimination
Author: Peretz F. Bernstein
Publisher: Transaction Publishers
Published: 2011-12-31
Total Pages: 341
ISBN-13: 1412812356
DOWNLOAD EBOOKThe Social Roots of Discrimination explains the phenomenon of anti-Semitism. In this classic volume, Peretz F. Bernstein looks for objective reasons why anti-Semitism flourished in European countries. Some civilized people would consider the notion of race uncivilized, but the existence of different races and the inequality of races with their specific race characteristics and on top of that the existence of superior and inferior human races was accepted as a fact of life and as a scientific truth long before the Nazis came to power. Although there is a marked difference in dealing with anti-Semitism in continental Europe in 1920 and the anti-Semitism in, for instance, the US in 2000, Berstein's ideas remain valuable. Starting from a concrete problem, anti-Semitism in Central Europe, Bernstein puts anti-Semitism in a general sociological theoretical framework. Far from limiting himself to fruitless elaborations on the common perceived unpleasant characteristics of Jews, he recognizes that the group is heterogeneous and that the usual arguments to justify anti-Semitism do not have any general validity, although they may hold for some specific individuals of the hated group, like individual members of any group may be less pleasant. Bernstein's ideas remain valuable. Bernstein tries to explain the hatred of Jews as the working of a more general mechanism--one that has nothing to do specifically with of Jews as a collective or as individuals. In doing so Bernstein attempts to sketch a general theory of social groups and conflicts between groups. The Social Roots of Discrimination gives an important message both for social scientists and for all intellectuals who are concerned with the strifes between nations, races, and social groups.
Dispossession
Author: Pete Daniel
Publisher: UNC Press Books
Published: 2013-03-29
Total Pages: 351
ISBN-13: 1469602024
DOWNLOAD EBOOKBetween 1940 and 1974, the number of African American farmers fell from 681,790 to just 45,594--a drop of 93 percent. In his hard-hitting book, historian Pete Daniel analyzes this decline and chronicles black farmers' fierce struggles to remain on the land in the face of discrimination by bureaucrats in the U.S. Department of Agriculture. He exposes the shameful fact that at the very moment civil rights laws promised to end discrimination, hundreds of thousands of black farmers lost their hold on the land as they were denied loans, information, and access to the programs essential to survival in a capital-intensive farm structure. More than a matter of neglect of these farmers and their rights, this "passive nullification" consisted of a blizzard of bureaucratic obfuscation, blatant acts of discrimination and cronyism, violence, and intimidation. Dispossession recovers a lost chapter of the black experience in the American South, presenting a counternarrative to the conventional story of the progress achieved by the civil rights movement.
Measuring Racial Discrimination
Author: National Research Council
Publisher: National Academies Press
Published: 2004-07-24
Total Pages: 335
ISBN-13: 0309091268
DOWNLOAD EBOOKMany racial and ethnic groups in the United States, including blacks, Hispanics, Asians, American Indians, and others, have historically faced severe discriminationâ€"pervasive and open denial of civil, social, political, educational, and economic opportunities. Today, large differences among racial and ethnic groups continue to exist in employment, income and wealth, housing, education, criminal justice, health, and other areas. While many factors may contribute to such differences, their size and extent suggest that various forms of discriminatory treatment persist in U.S. society and serve to undercut the achievement of equal opportunity. Measuring Racial Discrimination considers the definition of race and racial discrimination, reviews the existing techniques used to measure racial discrimination, and identifies new tools and areas for future research. The book conducts a thorough evaluation of current methodologies for a wide range of circumstances in which racial discrimination may occur, and makes recommendations on how to better assess the presence and effects of discrimination.
Age Discrimination in the American Workplace
Author: Raymond F. Gregory
Publisher: Rutgers University Press
Published: 2001
Total Pages: 308
ISBN-13: 9780813529066
DOWNLOAD EBOOKFor US baby boomers morphing into older employees, an attorney draws on many years of experience in employment discrimination for a timely review of age-related stereotypes, discriminatory workplace practices, the Age Discrimination in Employment Act, recommendations for ADEA changes, and recourse options. Annotation copyrighted by Book News Inc., Portland, OR
Rights on Trial
Author: Ellen Berrey
Publisher: University of Chicago Press
Published: 2017-06-22
Total Pages: 366
ISBN-13: 022646685X
DOWNLOAD EBOOKGerry 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.
