Open Educational Resources

This book provides 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 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. The new edition of this book addresses several major developments in the field, which have gone in two different directions: towards broader and more general prohibitions, and at the same time, towards exceptions recognized on a variety of grounds. The broad trend is epitomized by the Supreme Court’s interpretation of Title VII’s prohibition against sex discrimination to include discrimination on the basis of sexual orientation and gender identity. The Supreme Court took this step in the wake of constitutional decisions legitimizing gay and same-sex marriage. It also acted despite the repeated failure of bills in Congress that would have explicitly prohibited employment discrimination on the basis of sexual orientation and gender identity. The restrictive tendency is evident in decisions recognizing and expanding the constitutional right of religious organizations to choose ministers and teachers of faith regardless of the laws against employment discrimination. All of these major developments, and others as well, are covered in the new edition of this book.

This Chapter will address the current protections that are available to lesbian, gay, bisexual and transgender (“LGBT”) individuals who allege they have been victims of employment discrimination. The Chapter's primary focus will be on federal statutory law, particularly Title VII of the Civil Rights Act of 1964. Although the focus here is on federal law, Appendix I to this Chapter lists the states that protect individuals from public and/or private discrimination under state laws. This topic is explored in four parts: (1) a brief overview of congressional efforts to enact a statute to protect individuals from employment discrimination on the basis of sexual orientation and gender identity; (2) discusses Title VII and sexual orientation; (3) discusses ways in which recent courts have handled sexual orientation discrimination under Title VII; and (4) similarly examines early judicial treatment of claims brought by individuals alleging discrimination on the basis of their gender identity and/or expression and explores how the law has developed in this area as well.

Age Discrimination in Employment Law arms practitioners with winning strategies and detailed analysis. Written from an unbiased perspective by some of the major synthesizers of employment discrimination law today, Age Discrimination in Employment Law leads the dialogue in this volatile field. The Second Edition of this Treatise explores the breadth of ADEA law, breaking it down for easier understanding and application. This new edition includes: Description of the evolving role of the EEOC and EEOC litigation The increasing role of arbitrations in resolving age discrimination disputes Analysis of the latest decisions and regulations on the "reasonable factor other than age" defense Explanation of how appellate courts continue to handle the "but for" causation standard, including how the standard differs from Title VII and ADA practice.

The first book to comprehensively address workplace law and human resource practice relating to gender identity, sexual orientation, and gender expression, Gender Identity and Sexual Orientation Discrimination in the Workplace is a must-have for labor and employment lawyers and human resource (HR) professionals. Antidiscrimination law in this area has exploded over the past five years as more states and courts have expanded the law to protect lesbian, gay, bisexual, and transgender (LGBT) employees. This groundbreaking volume extensively discusses the current status of this rapidly changing area of law and serves as a critical tool for workplace law practitioners. This new treatise surveys state and federal employment laws applicable to LGBT employees and discusses a wide range of HR best practices. Both legal and HR components are contextualized by a collection of 19 essays discussing the implications of gender and sexual orientation in society, across areas such as education, religion, and the workplace, as well in the lives of several essayists who have shared their personal stories and recommendations for employers, thus making this volume an invaluable all-in-one resource. Gender Identity and Sexual Orientation Discrimination in the Workplace explores: Employment discrimination laws, immigration law, labor arbitration, and plaintiff and defense litigation tactics and strategies Landmark decisions in Schroer v. Billington, Glenn v. Brumby, Macy v. Holder, and United States v. Windsor Summaries of employment laws relating to LGBT issues in all 50 states, the District of Columbia, and Puerto Rico Practical solutions for HR professionals implementing policies, practices, and programs that respond to the changes in the law and the growing social acceptance of LGBT employees Intersections of gender and sexual orientation with culture, education, politics, religion, and the workplace In addition, this book also features detailed case summaries, coverage of Title VII and ADA case law, and a comprehensive discussion of the challenges presented by LGBT terminology. Written and reviewed by more than 125 expert contributors on both sides of the employee management divide, this treatise provides both insightful commentary and pragmatic guidance with regard to navigating this evolving area of antidiscrimination law in the workplace.

This book includes: The evolution of workplace harassment law -- Exhaustion of administrative remedies, a prerequisite to litigation -- Statute of limitations and equitable doctrines -- Who is subject to suit -- Who is eligible to sue -- The alleged harasser as defendant -- The alleged harasser as plaintiff -- Harassment because of gender -- Harassment because of race or color -- Harassment because of national origin or alienage -- Harassment because of religion -- Harassment because of age -- Harassment because of disability -- Harassment because of association -- Bystander harassment -- Retaliation for opposing harassment and harassment because of a protected activity -- Harassment not because of a protected basis -- Actions that constitute a tangible employment action -- Harassment objectively and subjectively severe or pervasive -- Harassment creating a constructive discharge -- Employer liability for harassment culminating in a tangible employment action -- Employer liability for harassment, by employer or employer's proxy or alter ego, creating a hostile environment -- Employer vicarious liability for harassment by supervisors creating a hostile environment, and the employer's affirmative defense.

This book provides comprehensive treatment of the major federal employment discrimination statutes, focusing on Title VII, the ADEA, the ADA, and Section 1981. It discusses who is liable for discrimination and the people the statutes protect from discrimination. The book offers an extensive discussion of the frameworks for analyzing discrimination, including frameworks for individual disparate treatment, pattern or practice, harassment, disparate impact, and retaliation. One chapter focuses on religious accommodation and another chapter focuses on disability accommodation. The book also contains separate treatment of affirmative action. It also explores defenses to discrimination claims, the procedure for pursuing claims, and remedies. The book provides extensive discussion of canonical cases.

This Concise Hornbook explains the intricate doctrines and frameworks of proof that courts have developed in interpreting federal employment discrimination statutes. It provides in-depth treatment of Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA). Designed for use by law students, scholars, and practitioners, the book identifies the critical elements of disparate treatment and disparate impact theory and proof requirements for claims of harassment and retaliation. Separate sections address distinctive issues relating to religious discrimination, pregnancy and caregiver discrimination, pay equity suits and discrimination based on sexual orientation and gender identity. The book covers U.S. Supreme Court precedents as well as developments and trends in the lower courts.

"In 1973, the U.S. Supreme Court decided McDonnell Douglas Corp. v. Green. The impact that the case's three-part burden shifting framework has had on employment discrimination law in the years since cannot be overstated...Based on the author's review of thousands of opinions interpreting and applying the McDonnell Douglas test, this comprehensive work thoroughly describes settled areas of law under McDonnell Douglas, but it also explores the many areas in which the law is still confusing or unsettled. In these instances, it provides the reader with an overview of why the confusion exists - and paths for resolving it. Highlights include: a complete discussion of every Supreme Court case interpreting McDonnell Douglas; detailed explanations of how each step of the multi-part framework operates; a comprehensive review of the evidence that litigants may use to support their claims or defenses; analysis of how the McDonnell Douglas framework intersects with pregnancy accommodation, retaliation, cat s paw cases, but for cause, and stereotyping; a thorough discussion of how counsel can argue for favorable changes in the McDonnell Douglas framework to benefit their clients; coverage of major state law innovations related to the test; and a summary of the major criticisms of the test, including suggestions for improvement.

Your detailed study of the standards addressed in Elkouri and Elkouri: How Arbitration Works. Expanding on a chapter of the classic Elkouri and Elkouri: How Arbitration Works, published by BNA Books, this treatise offers specific information on the principles of just cause that have been developed to address both substantive and procedural issues in discipline cases. Specialists from the ABA Section of Labor and Employment Law’s Committee on Alternative Dispute Resolution in Labor and Employment Law analyze the standards and rationales used by arbitrators in rendering their awards for cases involving absenteeism, insubordination, theft/falsification, off-duty behavior, negligence on the job, possession of drugs, fighting, and much more.

The premier treatise on the law of discrimination in the workplace. For more than 35 years, Employment Discrimination Law has been the definitive treatise in this complex and highly detailed area of law. The new Fifth Edition of Employment Discrimination Law provides updated analysis of changes and significant new developments since the previous supplement, including rewritten chapters on EEOC Administrative Processes and Federal Contractor Affirmative Action Compliance. The Fifth Edition offers substantial revisions and updates to many chapters, covering: Ledbetter v. Goodyear Tire & Rubber Co., Inc., where the Supreme Court s decision on the Title VII statute of limitations accrual date for pay discrimination claims sparked passage of the Lilly Ledbetter Fair Pay Act of 2009, the first act of Congress signed into law by President Barack Obama The Supreme Court s rulings expanding the breadth of retaliation claims The Supreme Court s decision in Wal-Mart Stores, Inc. v. Dukes, addressing Title VII class actions The impact of the Supreme Court s multiple decisions on the viability of agreements to arbitrate employment disputes In addition, in most chapters, footnotes now focus almost exclusively on decisions by the Supreme Court and the U.S. Courts of Appeals, avoiding cumulative and space-consuming citations, with the exception that district court decisions have been retained in instances where they constitute an important part of the developing case law (such as under newer statutes) and in fields such as procedure and evidence where there is little appellate authority. Throughout this treatise, legal specialists from the management, plaintiff, union, and public practice perspective provide a balanced presentation of the labor and employment issues surrounding discrimination in the workplace. The new Fifth Edition offers the most comprehensive coverage and unbiased analysis of employment discrimination law available anywhere.