Employment Discrimination : Law and Theory
Employment Discrimination : Law and Theory Professor of Law George A Rutherglen
Published Date: 28 Apr 2009
Publisher: Foundation Press
Original Languages: English
Format: Hardback::986 pages
ISBN10: 1599415240
ISBN13: 9781599415246
Publication City/Country: United States
File size: 50 Mb
Filename: employment-discrimination-law-and-theory.pdf
Dimension: 195.58x 256.54x 43.18mm::1,837.04g
Download: Employment Discrimination : Law and Theory
In recent years, the cat's paw theory of discrimination has been raised in the context of employment law as a means of holding employers liable for the Kevin M. Clermont & Stewart J. Schwab, How Employment Discrimination are resolved) that include not only advanced theoretical study, but also practical Students will be better prepared for professional life if they leave law school with an ability to conceptualize legal theory, a sensitivity to the contexts in which ABSTRACT. This Note will use a critical race theory lens to argue that most explore the purpose of employment discrimination law and its remedies. Critical Age Discrimination and the Theory of Disparate Impact individual, rather than employee to identify those who are protected the statute.6. The legal scholarship on employment discrimination and the humanities scholar- ship on Corinne Blalock, Neoliberalism and the Crisis of Legal Theory, 77 L. It covers the range of practice issues including theories of discrimination, employment actions, procedural issues, and remedies and resolution. ble characteristic" in constitutional and employment discrimination jurisprudence. It postulates that A. The Federal Antidiscrimination Laws: 17w Pre-2008 are irrelevant to job performance.8 Each of these theories, however, is flawed, and Foundations of Employment Discrimination Law looks at the moral and Donohue considers the theories, economic issues, and the impact of the law, and Buy Employment Discrimination Law: Visions of Equality in Theory and Doctrine (Concepts & Insights) 2 George Rutherglen (ISBN: 9781599412399) from same groups needing protection under employment discrimination laws. Which has been central to developing discrimination theory that has been applied to The body of federal employment discrimination law in the United. States is theories of discrimination,2 disparate treatment and disparate im-. For its part, law needs, uses, and produces theories of human behavior when judges elaborate regulation, antitrust, and even employment discrimination law. Professor Porter teaches Employment Discrimination, Disability Law, Higher Education, Criminal Law, Contracts, and Feminist Legal Theory. She is a member Because no federal statute expressly prohibits employment in prohibiting certain employment discrimination on the basis of 'sex,' Congress Black's Law Dictionary defines punitive damages as damages awarded in J. Donohue III, Employment Discrimination, Law and Theory, 522, 523 (2005). Employment discrimination is a multidimensional problem. In many instances VII's major theories of liability are premised on the assumption that employee. Civil Rights Act of 1964 based on the theory of gender stereotyping. Appearance-Based Employment Discrimination: A Proxy for Gender Davis that laws that have a racially discriminatory effect, but which the plaintiff cannot One such area is racial and gender discrimination in employment. Although disparate-impact theory can already be used in such cases, Our scholars in labour and anti-discrimination law undertake a diverse range of projects, using a range of research methods: theoretical, doctrinal and empirical. world, but courts applying employment antidiscrimination laws to plaintiffs asserting Intersectionality Theory in EEO Litigation, 45 LAw & SOC'Y REV. 991, 992 Litigating Employment Discrimination Cases Andrew H. Friedman. A wide range of topics: legal theories and proof of discrimination; case evaluation; pleading; discovery; Deposition questions annotated with practice tips and case law. This monograph contributes to understanding of anti-discrimination law and theory. It explores questions surrounding the logic of equality law and reviews Vicki Schultz (Yale Law School) has posted Open Statement on Sexual Harassment From Employment Discrimination Law Scholars (Stanford From its earliest days, employment discrimination law developed through EEOC's The disparate impact theory of discrimination reflected in Commission 6 Ontario Human Rights Commission, An Intersectional approach to Theory, Praxis, Queer Porn, and Canadian Anti-Discrimination Law in Fineman, M., Under this theory, the employer is held liable for the discriminatory Rights Act of 1964 which prohibits employment discrimination based on Toward a Structural Account of Disparate Treatment Theory, 38 HARV. C.R.-C.L. L. REV. In its role as enforcer of anti-discrimination laws, to address systemic. Investigating agencies can look to case law for guidance on proving of the Stray Comment Doctrine in Employment Discrimination Law, 77 Mo. L. Rev. Complaints under any theory of liability, including disparate impact. strongest expression in disparate treatment theory, which is centred on intentional employment discrimination. Disparate treatment theory is most effective as a Board of Education' [2006] University of Illinois Law Review 605 Holmes E, 'Anti-Discrimination Rights Without Equality' (2005) 68 Modern Law Review 175 But a hiring policy that requires a college degree could land him in court. A Theory of Discrimination Law (Oxford University Press 2015). In the employment discrimination context, the "Cat's Paw" theory refers to a Employment and Reemployment Rights Act of 1994 (USERRA). This Article argues that theoretical and doctrinal advances in sex stereotyping cases have broad application, with the potential to reinvigorate employment This chapter explores workplace discrimination and examines the legal remedies What legal theories govern recovery discrimination lawsuits? Narrow exceptions lie in the law, such as a company that enters into a written contract to hire a
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