Foundations of Employment Discrimination Law

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Foundations of Employment Discrimination Law presents a broad collection of readings covering the general development of the law and placing the topic in historical and philosophical perspective. Donohue divides the book into a section on race discrimination, and one on sex discrimination. Each section considers the theoretical and empirical foundations of the law, its operation, and its impact. He brings together 42 readings, edited to facilitate accessibility, from a variety of perspectives including history, ...
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Foundations of Employment Discrimination Law

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Overview


Foundations of Employment Discrimination Law presents a broad collection of readings covering the general development of the law and placing the topic in historical and philosophical perspective. Donohue divides the book into a section on race discrimination, and one on sex discrimination. Each section considers the theoretical and empirical foundations of the law, its operation, and its impact. He brings together 42 readings, edited to facilitate accessibility, from a variety of perspectives including history, philosophy, economics, law, sociology, politics, and psychology. Each chapter begins with an introduction highlighting and summarizing the readings, and offers an extensive set of notes and questions designed to provide a deeper understanding of the readings as well as to introduce and critique a broader set of perspectives. Foundations of Employment Discrimination Law is an ideal text or supplement for introductory and advanced courses in employment discrimination law.
This volume is part of the Interdisciplinary Readers in Law series (Roberta Romano, General Editor). Designed as a collection of supplementary texts for law school courses, the series collects important essays from leading lawyers, economists, political scientists, philosophers, historians, and legal scholars, reflecting the broad range of scholarship that informs contemporary law. Other volumes in the series include Foundations of Corporate Law (Roberta Romano, Editor), Foundations of Administrative Law (Peter Schuck, Editor), Foundations of Contract Law (Richard Craswell and Alan Schwartz, Editors), Foundations of Tort Law (Saul Levmore, Editor), and Foundations of Environmental Law and Policy (Richard L. Revesz, Editor).
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Product Details

  • ISBN-13: 9780195092813
  • Publisher: Oxford University Press
  • Publication date: 4/28/1997
  • Series: Interdisciplinary Readers in Law Series
  • Edition description: New Edition
  • Pages: 395
  • Product dimensions: 6.13 (w) x 9.25 (h) x 1.14 (d)

Table of Contents

Racial Discrimination
1 Historical Background 3
Democracy in America 6
An American Dilemma: The Negro Problem and Modern Democracy 10
2 Freedom and Antidiscrimination Law: Philosophic Issues 14
In Defense of the Antidiscrimination Principle 17
Rational Discrimination in Competitive Markets 22
3 The Theory of Employment Discrimination Law 32
A Theory of Fair Employment Laws 35
Racism, Rights, and the Quest for Equality of Opportunity: A Critical Legal Essay 43
Race, Reform, and Retrenchment: Transformation and Legitimation in Antidiscrimination Law 47
Affirmative Action and Racial Discrimination under Law: A Preliminary Review 53
Persuasion and Distrust: A Comment on the Affirmative Action Debate 61
Affirmative Action as a Majoritarian Device: Or, Do You Really Want to Be a Role Model? 65
4 The Evolution of the Law 75
The Law Transmission System and the Southern Jurisprudence of Employment Discrimination 78
Within-Group Norming and Other Forms of Score Adjustment in Preemployment Testing 91
Employment Testing and Job Performance 103
Concepts of Discrimination in "General Ability" Job Testing 105
5 The Nature and Extent of Racial Prejudice 111
Recent Unobtrusive Studies of Black and White Discrimination and Prejudice: A Literature Review 113
The Content of Our Categories: A Cognitive Bias Approach to Discrimination and Equal Employment Opportunity 119
The Id, the Ego, and Equal Protection: Reckoning with Unconscious Racism 122
Cooperation and Conflict: The Economics of Group Status Production and Race Discrimination 125
6 The Nature and Extent of Racially Discriminatory Conduct 133
Racism du Jour at Shoney's 135
"We'd Love to Hire Them, but ...": The Meaning of Race for Employers 139
The Urban Institute Audit Studies: Their Methods and Findings 147
7 Are Antidiscrimination Laws Efficient? 157
Is Title VII Efficient? 159
The Efficiency and the Efficacy of Title VII 167
Further Thoughts on Employment Discrimination Legislation: A Reply to Judge Posner 171
Market Affirmative Action 174
8 Are Antidiscrimination Laws Effective? 187
Black Economic Progress after Myrdal 189
Continuous versus Episodic Change: The Impact of Civil Rights Policy on the Economic Status of Blacks 198
9 The Responses of Litigants and Employers to Antidiscrimination Law 218
The Changing Nature of Employment Discrimination Litigation 220
Victims in the Shadow of the Law: A Critique of the Model of Legal Protection 240
Equal Opportunity Law and the Construction of Internal Labor Markets 249
10 Using Statistical Evidence to Prove Discrimination 260
What Happened in Hazelwood: Statistics, Employment Discrimination, and the 80% Rule 262
Statistical Proof of Discrimination: Beyond "Damned Lies" 275
Sex Discrimination
11 Historical and Psychological Perspectives 287
Understanding the Gender Gap: An Economic History of American Women 290
Mothering, Male Dominance, and Capitalism 295
12 Feminist Theory 303
Reconstructing Sexual Equality 306
Structuralist and Cultural Domination Theories Meet Title VII: Some Contemporary Influences 311
13 Economic Considerations 324
An Economic Analysis of Sex Discrimination Laws 326
Prohibiting Sex Discrimination in the Workplace: An Economic Perspective 338
14 Sex Segregation and Sexual Harassment 353
Telling Stories about Women and Work: Judicial Interpretations of Sex Segregation in the Workplace in Title VII Cases Raising the Lack of Interest Argument 355
Sexual Harassment: Its First Decade in Court (1986) 364
15 Alternative Proposals for Creating Sexual Equality in the Workplace 377
The Economics of Comparable Worth: Analytical, Empirical, and Policy Questions 379
Women and the Workplace: Accommodating the Demands of Pregnancy 385
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