Documenting Desegregation

Documenting Desegregation

Author: Kevin Stainback

Publisher: Russell Sage Foundation

Published: 2012-09-01

Total Pages: 413

ISBN-13: 1610447883

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Enacted nearly fifty years ago, the Civil Rights Act codified a new vision for American society by formally ending segregation and banning race and gender discrimination in the workplace. But how much change did the legislation actually produce? As employers responded to the law, did new and more subtle forms of inequality emerge in the workplace? In an insightful analysis that combines history with a rigorous empirical analysis of newly available data, Documenting Desegregation offers the most comprehensive account to date of what has happened to equal opportunity in America—and what needs to be done in order to achieve a truly integrated workforce. Weaving strands of history, cognitive psychology, and demography, Documenting Desgregation provides a compelling exploration of the ways legislation can affect employer behavior and produce change. Authors Kevin Stainback and Donald Tomaskovic-Devey use a remarkable historical record—data from more than six million workplaces collected by the U.S. Equal Employment Opportunity Commission (EEOC) since 1966—to present a sobering portrait of race and gender in the American workplace. Progress has been decidedly uneven: black men, black women, and white women have prospered in firms that rely on educational credentials when hiring, though white women have advanced more quickly. And white men have hardly fallen behind—they now hold more managerial positions than they did in 1964. The authors argue that the Civil Rights Act's equal opportunity clauses have been most effective when accompanied by social movements demanding changes. EEOC data show that African American men made rapid gains in the 1960s at the height of the Civil Rights movement. Similarly, white women gained access to more professional and managerial jobs in the 1970s as regulators and policymakers began to enact and enforce gender discrimination laws. By the 1980s, however, racial desegregation had stalled, reflecting the dimmed status of the Civil Rights agenda. Racial and gender employment segregation remain high today, and, alarmingly, many firms, particularly in high-wage industries, seem to be moving in the wrong direction and have shown signs of resegregating since the 1980s. To counter this worrying trend, the authors propose new methods to increase diversity by changing industry norms, holding human resources managers to account, and exerting renewed government pressure on large corporations to make equal employment opportunity a national priority. At a time of high unemployment and rising inequality, Documenting Desegregation provides an incisive re-examination of America's tortured pursuit of equal employment opportunity. This important new book will be an indispensable guide for those seeking to understand where America stands in fulfilling its promise of a workplace free from discrimination.


Unequal

Unequal

Author: Sandra F. Sperino

Publisher: Oxford University Press

Published: 2017-05-01

Total Pages: 233

ISBN-13: 0190278404

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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.


The Essential Guide to Handling Workplace Harassment & Discrimination

The Essential Guide to Handling Workplace Harassment & Discrimination

Author: Deborah England

Publisher: NOLO

Published: 2009

Total Pages: 330

ISBN-13: 9781413310498

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Considers the practical realities of applying the law on a day-to-day basis and answers all the common questions, covering: what harrassment is and how to stop it, when and how discrimination occurs, how to conduct training, how to handle employee complaints, and much more. Original.


Collecting Compensation Data from Employers

Collecting Compensation Data from Employers

Author: National Research Council

Publisher: National Academies Press

Published: 2013-03-01

Total Pages: 129

ISBN-13: 0309264111

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U.S. agencies with responsibilities for enforcing equal employment opportunity laws have long relied on detailed information that is obtained from employers on employment in job groups by gender and race/ethnicity for identifying the possibility of discriminatory practices. The U.S. Equal Employment Opportunity Commission (EEOC), the Office of Federal Contract Compliance programs of the U.S. Department of Labor, and the Civil Rights Division of the U.S. Department of Justice have developed processes that use these employment data as well as other sources of information to target employers for further investigation and to perform statistical analysis that is used in enforcing the anti-discrimination laws. The limited data from employers do not include (with a few exceptions) the ongoing measurement of possible discrimination in compensation. The proposed Paycheck Fairness Act of 2009 would have required EEOC to issue regulations mandating that employers provide the EEOC with information on pay by the race, gender, and national origin of employees. The legislation was not enacted. If the legislation had become law, the EEOC would have been required to confront issues regarding currently available and potential data sources, methodological requirements, and appropriate statistical techniques for the measurement and collection of employer pay data. The panel concludes that the collection of earnings data would be a significant undertaking for the EEOC and that there might be an increased reporting burden on some employers. Currently, there is no clearly articulated vision of how the data on wages could be used in the conduct of the enforcement responsibilities of the relevant agencies. Collecting Compensation Data from Employers gives recommendations for targeting employers for investigation regarding their compliance with antidiscrimination laws.


Sexual Harassment of Working Women

Sexual Harassment of Working Women

Author: Catharine A. MacKinnon

Publisher: Yale University Press

Published: 1979-01-01

Total Pages: 330

ISBN-13: 9780300022995

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A 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).