Rights on Trial

How Workplace Discrimination Law Perpetuates Inequality

Author: Ellen Berrey,Robert L. Nelson,Laura Beth Nielsen

Publisher: University of Chicago Press

ISBN: 022646699X

Category: Law

Page: 320

View: 8331

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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.

The Rights Revolution Revisited

Institutional Perspectives on the Private Enforcement of Civil Rights in the US

Author: Lynda G. Dodd

Publisher: Cambridge University Press

ISBN: 1316730719

Category: Law

Page: N.A

View: 4991

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The rights revolution in the United States consisted of both sweeping changes in constitutional doctrines and landmark legislative reform, followed by decades of innovative implementation in every branch of the federal government - Congress, agencies, and the courts. In recent years, a growing number of political scientists have sought to integrate studies of the rights revolution into accounts of the contemporary American state. In The Rights Revolution Revisited, a distinguished group of political scientists and legal scholars explore the institutional dynamics, scope, and durability of the rights revolution. By offering an inter-branch analysis of the development of civil rights laws and policies that features the role of private enforcement, this volume enriches our understanding of the rise of the 'civil rights state' and its fate in the current era.

Employment Discrimination Law

Cases and Materials on Equality in the Workplace

Author: Robert Belton,Dianne Avery

Publisher: West Publishing Company

ISBN: 9780314066589

Category: Discrimination in employment

Page: 919

View: 9919

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United States Supreme Court Reports, Lawyers Edition 2d

Author: United States. Supreme Court,Walter Malins Rose,Lawyers Co-operative Publishing Company,LEXIS Law Publishing

Publisher: Matthew Bender

ISBN: N.A

Category: Law reports, digests, etc

Page: N.A

View: 4945

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First series, books 1-43, includes "Notes on U.S. reports" by Walter Malins Rose.