This book uncovers legal shifts founded on misunderstandings about discrimination and describes how law and organizations can do better.
The Rise of Organizational Innocence and the Crisis of Equal Opportunity Law
Author: Tristin K. Green
Publisher: Cambridge University Press
The ninth edition of the best-selling Cases and Materials on Employment Discrimination blends cases, notes, and problems into an integrated pedagogy that balances scholarly and practice perspectives. The authors build a conceptual framework for understanding how discrimination is defined and proven in litigation. The text allows professors to explore particular interests more deeply and permits them to take not only a litigation approach but also explore the compliance, investigation, and counseling perspectives that are characteristic of modern practice. The broad coverage integrates scholarship with legal doctrine drawn from statutes and judicial decisions. The useful Statutory Supplement is available for separate purchase. Key Benefits: Young v. UPS (reconceptualizing pregnancy discrimination). Nassar v. Uni. of Texas Sw. Med. Ctr. (requiring but-for causation for Title VII retaliation claims) Vance v. Ball State Univ. (narrowing the definition of supervisor for purposes of employer liability for sexual harassment) EEOC v. Abercrombie & Fitch (reconceptualizing claims of religious discrimination). New circuit court decisions on sexual orientation discrimination under Title VII. Streamlined coverage. Materials have been reworked, thus reducing page count by 100 pages.
Author: Michael J. Zimmer,Charles A. Sullivan
Publisher: Wolters Kluwer Law & Business
Over the last few decades, research, activity, and funding has been devoted to improving the recruitment, retention, and advancement of women in the fields of science, engineering, and medicine. In recent years the diversity of those participating in these fields, particularly the participation of women, has improved and there are significantly more women entering careers and studying science, engineering, and medicine than ever before. However, as women increasingly enter these fields they face biases and barriers and it is not surprising that sexual harassment is one of these barriers. Over thirty years the incidence of sexual harassment in different industries has held steady, yet now more women are in the workforce and in academia, and in the fields of science, engineering, and medicine (as students and faculty) and so more women are experiencing sexual harassment as they work and learn. Over the last several years, revelations of the sexual harassment experienced by women in the workplace and in academic settings have raised urgent questions about the specific impact of this discriminatory behavior on women and the extent to which it is limiting their careers. Sexual Harassment of Women explores the influence of sexual harassment in academia on the career advancement of women in the scientific, technical, and medical workforce. This report reviews the research on the extent to which women in the fields of science, engineering, and medicine are victimized by sexual harassment and examines the existing information on the extent to which sexual harassment in academia negatively impacts the recruitment, retention, and advancement of women pursuing scientific, engineering, technical, and medical careers. It also identifies and analyzes the policies, strategies and practices that have been the most successful in preventing and addressing sexual harassment in these settings.
Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine
Author: National Academies of Sciences, Engineering, and Medicine,Policy and Global Affairs,Committee on Women in Science, Engineering, and Medicine,Committee on the Impacts of Sexual Harassment in Academia
Publisher: National Academies Press
Category: Social Science
Author: Harvard Law Review
Publisher: Quid Pro Books
Critically examines discrimination and disadvantage suffered by women at work and focuses on the inadequacies of the current law.
Author: Susan Bisom-Rapp,Malcolm Sargeant
Publisher: Cambridge University Press
The US Supreme Court has systematically eroded the rights of minority workers through subtle changes in procedural law. This accessible book identifies and describes how the Supreme Court's new procedural requirements create legal obstacles for civil-rights litigants, thereby undermining their substantive rights. Seiner takes the next step of providing a framework that practitioners can use to navigate these murky waters, allowing workers a better chance of prevailing with their claims. Seiner clearly illustrates how to effectively use his framework, applying the proposed model to one emerging sector - the on-demand industry. Many minority workers now face pervasive discrimination in an uncertain legal environment. This book will serve as a roadmap for successful workplace litigation and a valuable resource for civil-rights research. It will also spark a debate among scholars, lawyers, and others in the legal community over the use of procedure to alter substantive worker rights.
Author: Joseph A. Seiner
Publisher: Cambridge University Press
It is no secret that since the 1980s, American workers have lost power vis-a-vis employers. Along with the well-chronicled steep decline in private sector unionization, American workers 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. As the employment law scholars Sandra A. Sperino and Suja A. Thomas show in Unequal, though, 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 remains fairly common 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.
How America's Courts Undermine Discrimination Law
Author: Sandra F. Sperino,Suja A. Thomas
Publisher: Oxford University Press
In this bold and persuasive work Daniel Gervais, one of the world’s leading thinkers on the subject of intellectual property, argues that the international copyright system is in need of a root and branch rethink. As the Internet alters the world in which copyright operates beyond all recognition, a world increasingly defined by the might of online intermediaries and spawning a generation who are simultaneously authors, users and re-users of creative works, the structure of copyright in its current form is inadequate and unfit for purpose. This ambitious and far-reaching book sets out to diagnose in some detail the problems faced by copyright, before eloquently mapping out a path for comprehensive and structured reform. It contributes a reasoned and novel voice to a debate that is all too often driven by ignorance and partisan self-interest.
A Comprehensive Path to International Copyright Reform
Author: Daniel J. Gervais
Publisher: Edward Elgar Publishing
American law schools are in deep crisis. Enrollment is down, student loan debt is up, and the profession's supply of high-paying jobs is shrinking. Meanwhile, thousands of graduates remain underemployed while the legal needs of low-income communities go substantially unmet. Many blame overregulation and seek a "free" market to solve the problem, but this has already been tested. Seizing on a deregulatory policy shift at the American Bar Association, private equity financiers established the first for-profit law schools in the early 2000s with the stated mission to increase access to justice by "serving the underserved". Pursuing this mission at a feverish rate of growth, they offered the promise of professional upward mobility through high-tech, simplified teaching and learning. In Law Mart, a vivid ethnography of one such environment, Riaz Tejani argues that the rise of for-profit law schools shows the limits of a market-based solution to American access to justice. Building on theories in law, political economy, and moral anthropology, Tejani reveals how for-profit law schools marketed themselves directly to ethnoracial and socioeconomic "minority" communities, relaxed admission standards, increased diversity, shook up established curricula, and saw student success rates plummet. They contributed to a dramatic rise in U.S. law student debt burdens while charging premium tuition financed up-front through federal loans over time. If economic theories have so influenced legal scholarship, what happens when they come to shape law school transactions, governance, and oversight? For students promised professional citizenship by these institutions, is there a need for protections that better uphold institutional quality and sustainability? Offering an unprecedented glimpse of this landscape, Law Mart is a colorful foray into these essential questions.
Justice, Access, and For-Profit Law Schools
Author: Riaz Tejani
Publisher: Stanford University Press
The popularity of his monumental and definitive works established Shabtai Rosenne as the undisputed expert on the International Court of Justice's law and practice of his time. Irrefutably the leading work on the court, previous editions of "Rosenne's Law and Practice of the International Court" have influenced generations of legal scholars, practitioners, judges, and students alike. The Fifth Edition, by Malcolm N. Shaw, combines his expertise as both an academic and practitioner to bring this monumental resource up-to-date while retaining Rosenne's distinctive voice, erudition, and rigorous objectives. Preserving Rosenne's focus on the caselaw of the court, the Fifth Edition is supplemented with increased references to the leading academic literature, and, like the Fourth Edition, is divided into four substantive volumes.
Author: Shabtai Rosenne
Category: International courts
Since the passage of the Civil Rights Act, virtually all companies have antidiscrimination policies in place. Although these policies represent some progress, women and minorities remain underrepresented within the workplace as a whole and even more so when you look at high-level positions. They also tend to be less well paid. How is it that discrimination remains so prevalent in the American workplace despite the widespread adoption of policies designed to prevent it? One reason for the limited success of antidiscrimination policies, argues Lauren B. Edelman, is that the law regulating companies is broad and ambiguous, and managers therefore play a critical role in shaping what it means in daily practice. Often, what results are policies and procedures that are largely symbolic and fail to dispel long-standing patterns of discrimination. Even more troubling, these meanings of the law that evolve within companies tend to eventually make their way back into the legal domain, inconspicuously influencing lawyers for both plaintiffs and defendants and even judges. When courts look to the presence of antidiscrimination policies and personnel manuals to infer fair practices and to the presence of diversity training programs without examining whether these policies are effective in combating discrimination and achieving racial and gender diversity, they wind up condoning practices that deviate considerably from the legal ideals.
Courts, Corporations, and Symbolic Civil Rights
Author: Lauren B. Edelman
Publisher: University of Chicago Press
Category: Social Science
Destined to become a modern classic in the vein of Guns, Germs, and Steel, Sapiens is a lively, groundbreaking history of humankind told from a unique perspective. 100,000 years ago, at least six species of human inhabited the earth. Today there is just one. Us. Homo Sapiens. How did our species succeed in the battle for dominance? Why did our foraging ancestors come together to create cities and kingdoms? How did we come to believe in gods, nations, and human rights; to trust money, books, and laws; and to be enslaved by bureaucracy, timetables, and consumerism? And what will our world be like in the millennia to come? In Sapiens, Dr. Yuval Noah Harari spans the whole of human history, from the very first humans to walk the earth to the radical -- and sometimes devastating -- breakthroughs of the Cognitive, Agricultural, and Scientific Revolutions. Drawing on insights from biology, anthropology, palaeontology, and economics, he explores how the currents of history have shaped our human societies, the animals and plants around us, and even our personalities. Have we become happier as history has unfolded? Can we ever free our behaviour from the heritage of our ancestors? And what, if anything, can we do to influence the course of the centuries to come? Bold, wide-ranging and provocative, Sapiens challenges everything we thought we knew about being human: our thoughts, our actions, our power...and our future.
A Brief History of Humankind
Author: Yuval Noah Harari
The main driver of inequality—returns on capital that exceed the rate of economic growth—is again threatening to generate extreme discontent and undermine democratic values. Thomas Piketty’s findings in this ambitious, original, rigorous work will transform debate and set the agenda for the next generation of thought about wealth and inequality.
Author: Thomas Piketty
Publisher: Harvard University Press
Category: Business & Economics
The Joint Publication 1-02, Department of Defense Dictionary of Military and Associated Terms sets forth standard US military and associated terminology to encompass the joint activity of the Armed Forces of the United States. These military and associated terms, together with their definitions, constitute approved Department of Defense (DOD) terminology for general use by all DOD components. This publication supplements standard English-language dictionaries and standardizes military and associated terminology to improve communication and mutual understanding within DOD, with other federal agencies, and among the United States and its allies. This edition of JP 1-02 has been published in two basic parts: A. Terms and definitions. These are annotated with the source publication. B. Abbreviations and acronyms. The source publication establishes the authoritative context for proper understanding and management of the associated term.
Author: Joint Chiefs of Staff,Office Secretary of Defense,U. S. Department of Defense
Publisher: Military Bookshop
Publisher: Veritas Co. Ltd.
Category: Christian sociology
Nearly three thousand people died in the terrorist attacks of September 11, 2001. In Lower Manhattan, on a field in Pennsylvania, and along the banks of the Potomoc, the United States suffered the single largest loss of life from an enemy attack on its soil. In November 2002 the United States Congress and President George W. Bush established by law the National Commission on Terrorist Attacks Upon the United States, also known as the 9/11 Commission. This independent, bipartisan panel was directed to examine the facts and circumstances surrounding the September 11 attacks, identify lessons learned, and provide recommendations to safeguard against future acts of terrorism. This volume is the authorized edition of the Commission's final report.
Author: National Commission on Terrorist Attacks
Publisher: W. W. Norton & Company
2016 NATIONAL BOOK AWARD FINALIST FOR NONFICTION A 2016 NEW YORK TIMES NOTABLE BOOK NEW YORK TIMES BESTSELLER A NEWSDAY TOP 10 BOOK OF THE YEAR A KIRKUS BEST BOOK OF 2016 One of "6 Books to Understand Trump's Win" according to the New York Times the day after the election The National Book Award Finalist and New York Times bestseller that became a guide and balm for a country struggling to understand the election of Donald Trump When Donald Trump won the 2016 presidential election, a bewildered nation turned to Strangers in Their Own Land to understand what Trump voters were thinking when they cast their ballots. Arlie Hochschild, one of the most influential sociologists of her generation, had spent the preceding five years immersed in the community around Lake Charles, Louisiana, a Tea Party stronghold. As Jedediah Purdy put it in the New Republic, “Hochschild is fascinated by how people make sense of their lives. . . . [Her] attentive, detailed portraits . . . reveal a gulf between Hochchild’s ‘strangers in their own land’ and a new elite.” Already a favorite common read book in communities and on campuses across the country and called “humble and important” by David Brooks and “masterly” by Atul Gawande, Hochschild’s book has been lauded by Noam Chomsky, New Orleans mayor Mitch Landrieu, and countless others. The paperback edition features a new afterword by the author reflecting on the election of Donald Trump and the other events that have unfolded both in Louisiana and around the country since the hardcover edition was published, and also includes a readers’ group guide at the back of the book.
Anger and Mourning on the American Right
Author: Arlie Russell Hochschild
Publisher: The New Press
Category: Political Science