Employment Discrimination Law, Sixth Edition
For over three decades, Employment Discrimination Law has been the definitive treatise in this complex and highly detailed area of law. Experienced practitioners offer analysis from a range of perspectives including management, plaintiff, union, and public practice, providing a balanced presentation of issues surrounding discrimination in the workplace. It offers the most comprehensive coverage and unbiased analysis of employment discrimination law available anywhere.
The premier treatise on the law of discrimination in the workplace
Employment Discrimination Law is the definitive treatise in this complex and highly detailed field. The balanced and unbiased approach of this two-volume work reflects the combined efforts of attorneys representing the plaintiff/public, management, and union employment bars. Offering the most comprehensive coverage of employment discrimination law available, Employment Discrimination Law is described as an “indispensable resource” in the Legal Information Buyer’s Guide and Reference Manual.
The first new edition since 2012, the Sixth Edition covers the many significant developments in the law that have occurred since the Fifth Edition, only a few of which are highlighted here. The treatise’s forty-four chapters provide a thorough treatment of the boundless issues that arise in this complex field. Included is discussion of:
- Disparate Treatment and Retaliation: The “but for” standard of causation applies to Title VII retaliation cases, rather than permitting such claims to be established under a mixed-motive framework.
- National Origin and Citizenship: The Immigration Reform and Control Act preempts states’ attempts to regulate the employment of undocumented workers.
- Religion: Title VII “prohibits actions taken with the motiveof avoiding the need for accommodating a religious practice,” where the employer at least suspects that there is a religious practice underlying the applicant’s refusal to comply with an employment requirement.
- Sexual Orientation and Gender Identity: Trio of appellate decision which together squarely pose the question whether sexual orientation, gender identity and transgender status are protected directly under Title VII, or only through the demonstration of sexual stereotyping or other indirect proof avenues.
- Sexual and Other Forms of Harassment: A harasser has the sort of “supervisor” status that can make the employer vicariously liable only if the harasser was empowered to take tangible employment actions against the employee.
- EEOC Administrative Process: The process of EEOC conciliation after a “cause” determination is “a key component of the [Title VII] statutory scheme,” and the EEOC’s failure to engage in conciliation with an employer before instituting litigation is subject to judicial review.
- Class Actions: While class certification is improper where the injuries arising out of challenged conduct are not capable of proof common to the class, a plaintiff need not prove that each element of a claim can be established by classwide proof.
- Attorney’s Fees: Obtaining a favorable judgment on the merits is not necessary for a defendant to recover attorney’s fees against the EEOC.
- Alternative Dispute Resolution: Class action waivers in arbitration agreements are effective to bar not only classwide arbitration procedures but also class actions in court, notwithstanding an arguably conflicting federal law.