An Introduction to the Law of Employment Discrimination

by Gold, Michael Evan

• ISBN13: 9780801487491
• ISBN10: 0801487498
• Edition: 2nd
• Format: Paperback
• Copyright: 2001-10-01
• Publisher: Cornell Univ Pr

Summary

This new edition of An Introduction to the Law of Employment Discrimination summarizes the federal laws that prohibit employment discrimination on the basis of race, sex, religion, national origin, age, and disability. Several major statutes, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, Title I of the Americans with Disabilities Act, and the Equal Pay Act, protect American workers from discrimination. In this handy reference guide, Michael Evan Gold discusses complex legislation in lucid, understandable terms. In his discussion of each statute, the author provides such information as: * who is protected by the statute; * who must obey the statute; * principal definitions of discrimination together with numerous examples; * ways of proving discrimination; * reasonable accommodation; * defenses to discrimination; * retaliation; * remedies; and * procedures for bringing a claim.

Table of Contents

Preface
Purpose of This Bulletin	xi
Scope of This Bulletin	xii
Who Should Read This Bulletin and Who Should Not	xiii
A Note on Names	xiv
A Note on Agency	xvii
Title VII of the Civil Rights Act of 1964	1	(37)
Who Is Protected by Title VII	1	(1)
Who Must Obey Title VII	2	(1)
The Idea of Discrimination	3	(1)
Disparate Treatment	4	(14)
The Role of Intent	4	(1)
Examples of Disparate Treatment	5	(1)
Pension Benefits	5	(1)
Pregnancy	6	(1)
Sexual Harassment	7	(1)
Dress and Grooming Codes	8	(1)
Spouses	9	(1)
Proving Intent in Traditional Ways	9	(1)
Direct Evidence	10	(1)
Comparative Evidence	10	(1)
McDonnell Douglas Formula	10	(1)
Rebutting Traditional Proof of Intent	11	(1)
Proving Intent with Statistics	12	(1)
Statistical Reasoning in General	12	(1)
Statistical Reasoning in Disparate Treatment Cases	12	(1)
Rebutting Statistical Proof of Intent	13	(1)
Proof of Pretext	14	(1)
Bona Fide Occupational Qualifications	15	(1)
Affirmative Action and Reverse Discrimination	16	(2)
Disparate Impact	18	(6)
Proving Disparate Impact	19	(1)
Business Necessity	20	(1)
Validating a Test	21	(2)
Seniority	23	(1)
Reasonable Accommodation to Religion	24	(2)
Definition of Religion	24	(1)
Duty to Make Reasonable Accommodation	24	(1)
Undue Hardship	25	(1)
Retaliation	26	(3)
Participation in a Hearing or an Investigation	27	(1)
Retaliation on the Job	27	(1)
Lawsuit for Defamation of a Business	27	(1)
Directly Opposing Discrimination	28	(1)
Remedies	29	(1)
Procedures for Bringing a Claim under Title VII	30	(4)
Procedures in Places That Have Antidiscrimination Agencies	31	(3)
Procedures in Places That Lack Antidiscrimination Agencies	34	(1)
Arbitration of Title VII Claims	34	(4)
Arbitration under Collective Bargaining Agreements	34	(2)
Arbitration under Individual Contracts of Employment	36	(2)
The Age Discrimination in Employment Act	38	(17)
Who Is Protected by the Age Act	38	(1)
Who Must Obey the Age Act	39	(1)
Disparate Treatment	39	(16)
Role of Intent	40	(1)
Examples of Disparate Treatment	41	(1)
Advertisements	41	(1)
Applications	41	(1)
Layoffs	41	(1)
Retirement Age	42	(1)
Early Retirement	42	(1)
Fringe Benefits except Pensions	43	(2)
Pensions	45	(2)
Proving Disparate Treatment	47	(1)
Traditional Proof	48	(1)
Statistical Proof	49	(1)
Defenses for Disparate Treatment	49	(1)
Bona Fide Occupational Qualifications	49	(1)
Factors Other Than Age	50	(1)
Disparate Impact	51	(1)
Proving Disparate Impact	51	(1)
Business Necessity	52	(1)
Seniority	53	(1)
Retaliation	53	(1)
Procedures and Remedies	53	(2)
Title I of the Americans with Disabilities Act	55	(23)
Who Must Obey the Disability Act	55	(1)
Who Is Protected by the Disabilities Act	56	(7)
The Meaning of ``Disability''	56	(1)
Impairment	56	(2)
Major Life Activities	58	(1)
Substantial Limitation	58	(1)
The Three Definitions of ``Disability''	59	(1)
Status of Contagious Diseases	59	(1)
Exclusion for Use of Illegal Drugs	60	(1)
Alcohol and Other Legal Drugs	60	(1)
The Meaning of ``Qualified''	60	(1)
Job-Related Selection Criteria	60	(1)
Essential Functions of the Job	61	(1)
Threat to Persons or Property	61	(1)
Protection of Able-Bodied Persons	62	(1)
Reasonable Accommodation and Undue Hardship	63	(7)
Qualified without Reasonable Accommodation	63	(1)
Qualified with Reasonable Accommodation	63	(1)
Reasonable Accommodation	64	(1)
Steps in Reasonable Accommodation	64	(2)
Additional Examples of Reasonable Accommodation	66	(1)
Undue Hardship	67	(1)
The Role of Cost in Reasonable Accommodation	68	(2)
Four Definitions of Discrimination	70	(3)
Disparate Treatment	70	(1)
Disparate Impact	71	(1)
Reasonable Accommodation	72	(1)
Retaliation	72	(1)
Applications of the Disability Act	73	(3)
Pre-employment Inquiries	73	(1)
Medical Examinations	73	(2)
Insurance	75	(1)
Return from Leave	76	(1)
Drug Testing	76	(1)
Remedies and Procedures for Enforcement	76	(2)
The Equal Pay Act	78	(15)
Who Must Obey the Equal Pay Act	78	(2)
Who Is Protected by the Equal Pay Act	80	(1)
The Comparator	80	(1)
Equal Pay	81	(1)
Equal Work	82	(5)
Skill	83	(1)
Effort	83	(1)
Responsibility	84	(1)
Working Conditions	85	(1)
Substantial Equality	86	(1)
Comparable Worth	86	(1)
Defenses	87	(4)
Seniority	87	(1)
Merit Pay and Piece Rates	88	(1)
Factors Other Than Sex	88	(1)
Shift Differentials	89	(1)
Part-Time Employment	90	(1)
Training Programs	90	(1)
Education or Experience	90	(1)
Procedures for Bringing a Claim and Remedies	91	(2)
Other Statutes	93	(5)
Local Laws	93	(1)
National Labor Relations Act	94	(1)
The Constitution	95	(1)
Section 1981	96	(1)
Immigration Act of 1986	97	(1)
Afterword	98