Cases and Materials on Employment Discrimination

by Zimmer, Michael J.

• ISBN13: 9781567065787
• ISBN10: 1567065783
• Edition: 4th
• Format: Hardcover
• Copyright: 1997-10-01
• Publisher: Panel Pub

Summary

CASES AND MATERIALS ON EMPLOYMENT DISCRIMINATION earned its status as the #1 book in the field by introducing a conceptual structure that brought a new level of cohesion to the subject. Fully revised for its Fifth Edition, this respected casebook continues to serve as the foundation for an effective & efficient course. Long-time users will find the authors preserve the distinctive strengths of their book: Currency -the Fifth Edition brings you the all the most recent developments. Emphasis on issues of practice keeps the text realistic & engaging. Distinguished authorship from leaders in employment discrimination & employment law. Wide range of material includes cases, statutes, text, & notes. Four-part organization proceeds logically from The Employment Relation & the Problem of Discrimination, to The Concept of Discrimination Under Title VII, the Age Discrimination in Employment Act, & Section 1981, through Alternative Approaches to Discrimination, & concludes with Procedures & Remedies. A total teaching package includes a Teacher's Manual & an optional statutory supplement. What's new in the, Fifth Edition? Shorter by 200 pages New Supreme Court cases on sexual harassment & religion. Recent developments in disability law & the Americans with Disabilities Act. A reorganized chapter on Disparate Impact which now follows the three steps reflected in the 1991 Civil Rights Act.

Table of Contents

Preface	p. xxi
Acknowledgments	p. xxv
The Employment Relation and the Problem of Discrimination	p. 1
Legal Approaches to the Employment Relation	p. 3
History	p. 3
The Reassessment of Contract Law	p. 14
The Reassessment of Tort Law	p. 21
The Future of Employment Law	p. 27
The Organization of This Book	p. 27
The Policy Bases for Antidiscrimination Law	p. 31
Introduction	p. 31
Are Antidiscrimination Laws Necessary to Eliminate Discrimination?	p. 33
Why Prohibit Discrimination?	p. 45
The Costs and Benefits of Prohibiting Discrimination	p. 60
The Concept of Discrimination Under Title VII, the Age Discrimination in Employment Act, and Section 1981	p. 75
Individual Disparate Treatment Discrimination	p. 77
Introduction	p. 77
The Meaning of Discriminatory Intent	p. 79
Circumstantial Evidence of Discriminatory Intent	p. 97
Direct Evidence of Discriminatory Intent	p. 152
The Present and Future of Individual Disparate Treatment Law	p. 181
Systemic Disparate Treatment Discrimination	p. 199
Introduction	p. 199
Formal Policies of Discrimination	p. 200
Patterns and Practices of Discrimination	p. 210
Defenses to Disparate Treatment Cases	p. 251
Systemic Disparate Impact Discrimination	p. 321
The Concept of Disparate Impact Discrimination	p. 322
The Structure of Disparate Impact Law After the 1991 Civil Rights Act	p. 341
Section 703(h) Exceptions	p. 400
The Interrelation of the Disparate Treatment and Disparate Impact Theories of Discrimination	p. 425
Keeping Disparate Treatment and Disparate Impact Analysis Distinct	p. 426
The Relationship Between Disparate Impact and Treatment Where There Is a Statistical Showing of Effects	p. 427
Reconciling the Tension Between Disparate Treatment and Disparate Impact	p. 453
Special Problems in Applying Title VII, Section 1981, and the ADEA	p. 461
Introduction	p. 461
Coverage of Title VII, Section 1981, and the ADEA	p. 462
Sex Discrimination	p. 469
Discrimination on Account of Religion	p. 582
National Origin and Alienage Discrimination	p. 616
Union Liability	p. 636
Retaliation	p. 637
Age Discrimination	p. 657
Alternative Approaches to Discrimination	p. 673
Disability Discrimination	p. 675
Introduction	p. 675
The Meaning of "Disability"	p. 679
The Meaning of "Qualified Individual with a Disability"	p. 721
Discriminatory Qualification Standards	p. 758
Burdens of Production and Proof	p. 777
Special Problems of Disability Discrimination	p. 792
Title II of the ADA	p. 824
The Rehabilitation Act of 1973	p. 826
Procedures and Remedies	p. 831
Procedures for Enforcing Antidiscrimination Laws	p. 833
Introduction	p. 833
Private Enforcement: The Administrative Phase	p. 835
Private Enforcement: Filing Suit	p. 862
Problem 9.1	p. 865
Private Enforcement: Relationship of the EEOC Charge to Private Suit	p. 866
The Interrelationship of Various Rights and Remedies	p. 872
Private Class Actions	p. 904
Federal Government Enforcement	p. 915
The Relationship Between Public and Private Suit	p. 918
Title VII Suit Against Governmental Employers	p. 920
Settling Discrimination Suits	p. 926
Judicial Relief	p. 941
Introduction	p. 941
Legal Remedies	p. 945
Equitable Relief	p. 966
Calculation of Backpay	p. 992
Table of Cases	p. 1023
Table of Selected Secondary Authorities	p. 1039
Index	p. 1057
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