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.

Over the past four or five decades, the feminist revolution has brought a lot of changes. There is a lot of evidence that the glass ceiling is being shattered. For one particular group, however, gender equity remains elusive. That group is working mothers. The problem of the "glass ceiling" has now turned into a related, from different problem: "the maternal wall." In the first Journal of Social Issues (JSI) to deal specifically with the topic of working mothers, scholars from several disciplines discuss a variety of aspects of the problem of the maternal wall.

This manual is a must-read collection of valuable authorities for plaintiffs, defendants and government enforcement officials. Author has set forth in a concise, user-friendly manner, the proof required at each stage of the ADA liability case. He has organized by topic the position of the EEOC and the courts on key issues. His presentation on EEOC positions, from amicus briefs and Commission decisions which most readers would be unlikely to find, is unique. So, too, is his compilation of scores of court decisions which are not officially published but are citable both in court and agency proceedings. Employers who submit position statements to the EEOC and state agencies would be well-advised to use this book as a guide throughout the administrative process. It provides a framework for analyzing the ADA charge, determining what factual information to collect for a defense, and evaluating the appropriateness of an early settlement before the other side is educated about the weaknesses in the employer's case. The text helps the employer articulate the reasons it is entitled to prevail based upon the statute, regulations, other EEOC publications, or court decisions. And, it gives the employer ammunition to rebut the relevance of the EEOC's request for information and to contest the EEOC's counter arguments.

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

This practical resource includes perspectives from the point ofview of both plaintiff and defendant for cases involving questionsof race, gender, disability, and age. In addition, it offers anoverview of the process by which complaints are filed, the statutesunder which they are filed, and the authority represented byvarious case law. Employment Discrimination Litigation willilluminate myriad issues such as Daubert motions, classcertification issues, the setting of cut scores that will withstandchallenge, common statistical analyses of adverse impact, andmerit-based issues. Employment Discrimination Litigationalso Presents a temporal description of a typical employmentdiscrimination case from start to finish Outlines the major guidelines that are often invoked inemployment litigation—the A.P.A. Standards, UniformGuidelines, and SIOP Principles Reviews litigation related to the Fair Labor Standards Act References written judicial opinions that relate the activitiesand devices most often employed by industrial and organizationalpsychologists

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.

Wage and hour litigation continues to proliferate, carrying with it the risk of potentially exorbitant damage awards. Written from the defense perspective, Wage & Hour Collective and Class Litigation covers every step of a case, from complaint to certification, trial, verdict, settlement or dismissal. It's the first and only publication focusing exclusively on this growing area of practice and provides a vital weapon for employers. This comprehensive, up-to-date guide discusses how employers are targeted and the substantive, procedural and practical considerations that determine the outcome of wage and hour cases in today's courts. It includes analysis of the complex rules surrounding all types of wage and hour lawsuits: claims under the Fair Labor Standards Act (FLSA), claims under state wage and hour laws, "hybrid" cases involving both, and special issues involving government contractors. It explains how to proceed upon receipt of a wage and hour claim, how to assess the merits of the claim, whether to settle, how to oppose plaintiffs' motion for conditional certification and to facilitate notice, what the best affirmative defenses are, and how to tilt the odds in the defense's favor. Though designed to assist defense lawyers, this companion to high-stakes litigation will also prove useful to in-house counsel not involved in litigation, to plaintiffs' lawyers seeking analysis from the viewpoint of opposing counsel, and to any attorney developing an interest in this robust field of law.