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Author: Dwight D. Steward Publisher: ISBN: 9780615340500 Category : Business & Economics Languages : en Pages : 336
Book Description
Statistical analysis can play a pivotal role in both avoiding and settling employment disputes. Employers and litigants in employment lawsuits routinely use statistics to investigate the legitimacy of employment decisions. "Statistical Analysis of Employment Data" provides managers and courts with empirical evidence that goes beyond anecdotes and stories. This textbook presents the methodologies that are used in statistical employment data analyses. While the focus is on statistics, it is not a cookbook of magic mathematical formulas. Instead, a non-mathematical approach is used to develop the conceptual framework underlying employment data analyses.
Author: Dwight D. Steward Publisher: ISBN: 9780615340500 Category : Business & Economics Languages : en Pages : 336
Book Description
Statistical analysis can play a pivotal role in both avoiding and settling employment disputes. Employers and litigants in employment lawsuits routinely use statistics to investigate the legitimacy of employment decisions. "Statistical Analysis of Employment Data" provides managers and courts with empirical evidence that goes beyond anecdotes and stories. This textbook presents the methodologies that are used in statistical employment data analyses. While the focus is on statistics, it is not a cookbook of magic mathematical formulas. Instead, a non-mathematical approach is used to develop the conceptual framework underlying employment data analyses.
Author: Sandra F. Sperino Publisher: Oxford University Press ISBN: 0190278404 Category : Law Languages : en Pages : 233
Book Description
It is no secret that since the 1980s, American workers have lost power vis-à-vis employers through the well-chronicled steep decline in private sector unionization. American workers have also lost power in other ways. Those 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. The employment law scholars Sandra A. Sperino and Suja A. Thomas show in Unequal that 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 still happens 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.
Author: Ellen Berrey Publisher: University of Chicago Press ISBN: 022646685X Category : Business & Economics Languages : en Pages : 366
Book Description
Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer: racist jokes, signs reading “KKK” in his work area, and even questions from coworkers as to whether he had sex with his daughter as slaves supposedly did. He had an unusually strong case, with copious documentation and coworkers’ support, and he settled for $50,000, even winning back his job. But victory came at a high cost. Legal fees cut into Mr. Handley’s winnings, and tensions surrounding the lawsuit poisoned the workplace. A year later, he lost his job due to downsizing by his company. Mr. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. In the decades since the civil rights movement, we’ve made progress, but not nearly as much as it might seem. On the surface, America’s commitment to equal opportunity in the workplace has never been clearer. Virtually every company has antidiscrimination policies in place, and there are laws designed to protect these rights across a range of marginalized groups. But, as Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen compellingly show, this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they’ve lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling “held up” by what they see as frivolous cases. And even when the case is resolved in the plaintiff’s favor, the conditions that gave rise to the lawsuit rarely change. In fact, the contemporary approach to workplace discrimination law perversely comes to reinforce the very hierarchies that antidiscrimination laws were created to redress. Based on rich interviews with plaintiffs, attorneys, and representatives of defendants and an original national dataset on case outcomes, Rights on Trial reveals the fundamental flaws of workplace discrimination law and offers practical recommendations for how we might better respond to persistent patterns of discrimination.
Author: Robert Belton Publisher: West Academic Publishing ISBN: Category : Business & Economics Languages : en Pages : 1080
Book Description
Reflecting the dominate theme of workplace equality, the authors go beyond this general consensus to affirm that the fundamental purpose of laws prohibiting employment discrimination is to implement the national civil rights policy. Organized around an examination of the reach and limits of laws, the book scrutinizes the federal statutory protection against employment discrimination. Constitutional provisions and state laws are included where appropriate. In addition, this new edition extensively uses scholarship drawn from the work of critical race theorists and feminist legal scholars. It also has materials on the law and economics approach to employment discrimination.
Author: Joel William Friedman Publisher: ISBN: 9781587788888 Category : Law Languages : en Pages : 369
Book Description
Like all the other volumes in the Stories collection, this book provides students with a three dimensional picture of the most important cases that are addressed in nearly every employment discrimination casebook and course. These stories give the students and faculty members a deeper understanding of the historical and cultural background of the cases and an insight into their long term impact on the development of employment discrimination law.
Author: Deborah England Publisher: NOLO ISBN: 9781413310498 Category : Business & Economics Languages : en Pages : 330
Book Description
Considers the practical realities of applying the law on a day-to-day basis and answers all the common questions, covering: what harrassment is and how to stop it, when and how discrimination occurs, how to conduct training, how to handle employee complaints, and much more. Original.
Author: Raymond F. Gregory Publisher: Rutgers University Press ISBN: 9780813529066 Category : Business & Economics Languages : en Pages : 308
Book Description
For US baby boomers morphing into older employees, an attorney draws on many years of experience in employment discrimination for a timely review of age-related stereotypes, discriminatory workplace practices, the Age Discrimination in Employment Act, recommendations for ADEA changes, and recourse options. Annotation copyrighted by Book News Inc., Portland, OR
Author: Susan Potter Norton Publisher: American Bar Association ISBN: 1590315693 Category : Law Languages : en Pages : 511
Book Description
This new addition to the Model Jury Instructions series provides clear and balanced instructions for presentation to juries in employment litigation. These models accurately and impartially present the elements and critical definitions of patent law in language that is understandable and familiar to the average juror. The instructions allow for easy adaptation to particular cases or points. A CD-ROM of the jury instructions is included with the book.
Author: Dwight D. Steward
Author: Dwight D. Steward
Author: Sandra F. Sperino
Author: Ellen Berrey
Author: Robert Belton
Author: Joel William Friedman
Author: Deborah England
Author: Raymond F. Gregory
Author: United States. Equal Employment Opportunity Commission
Author: Susan Potter Norton
Author: Barbara Lindemann