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.

This controversial book presents a powerful argument for the repeal of anti-discrimination laws within the workplace. These laws--frequently justified as a means to protect individuals from race, sex, age, and disability discrimination--have been widely accepted by liberals and conservatives alike since the passing of the 1964 Civil Rights Act and are today deeply ingrained in our legal culture. Richard Epstein demonstrates that these laws set one group against another, impose limits on freedom of choice, undermine standards of merit and achievement, unleash bureaucratic excesses, mandate inefficient employment practices, and cause far more invidious discrimination than they prevent. Epstein urges a return to the common law principles of individual autonomy that permit all persons to improve their position through trade, contract, and bargain, free of government constraint. He advances both theoretical and empirical arguments to show that competitive markets outperform the current system of centralized control over labor markets. Forbidden Grounds has a broad philosophical, economic, and historical sweep. Epstein offers novel explanations for the rational use of discrimination, and he tests his theory against a historical backdrop that runs from the early Supreme Court decisions, such as Plessy v. Ferguson which legitimated Jim Crow, through the current controversies over race-norming and the 1991 Civil Rights Act. His discussion of sex discrimination contains a detailed examination of the laws on occupational qualifications, pensions, pregnancy, and sexual harassment. He also explains how the case for affirmative action is strengthened by the repeal of employment discrimination laws. He concludes the book by looking at the recent controversies regarding age and disability discrimination. Forbidden Grounds will capture the attention of lawyers, social scientists, policymakers, and employers, as well as all persons interested in the administration of this major

The Fourth Edition of Employment Discrimination: Examples & Explanations Joel Friedman utilizes the time-tested Examples and Explanations format to expand on employment law and include new content based on recent changes to employment discrimination law. New to the Fourth Edition: Title VII: Application to Claims of Sexual Orientation, Transgender Status and Gender Identity-Based Discrimination Title VII Procedure: Relationship between Scope of EEOC Charge and Civil Action Title VII Procedure: Availability of Class-Wide Arbitration Section 1981 Mixed Motive Claims Unavailable Age Discrimination in Employment Act: No minimum employee size requirement for public sector workers Age Discrimination in Employment Act: Federal government workers can establish liability with a mixed motive claim but will need to establish but for causation to receive affirmative relief Professors and students will benefit from: Includes references to all important developments through Supreme Court’s 2019-2020 term

This work describes what happens when workers file employment discrimination cases in federal court.

This casebook is a pluralistic and yet concise introduction to the doctrine and theory of employment discrimination law. The new edition covers all the recent Supreme Court decisions and federal legislation in this field, including the ADA Amendments Act and the Lilly Ledbetter Fair Pay Act, and it analyzes the effect of these developments on prior decisions of the Supreme Court. It covers discrimination on the basis of race, national origin, sex, religion, age, and disability, and provides economic and political analysis from a wide range of different perspectives, both liberal and conservative. Comprehensive notes survey the current state of the law, raise questions for class discussion, and address the continuing controversies in this field. A Teacher's Manual contains brief summaries of all cases, offers additional commentary on selected issues, and provides further questions for students beyond those provided in the casebook itself. A supplemental CD is available with PowerPoint slides, a text of cases, and statutes. The Teacher's Manual is also offered on CD, thus allowing professors to modify the materials as desired.