The Law of Employment Discrimination: Cases

Structured for use with two-, three- or four-credit courses. In addition, benchmark legislative, administrative and judicial developments, such as the 1991 Civil Rights Act and the Americans with Disabilities Act are integrated into this volume.

Preface To The Fifth Edition

v

Acknowledgments

vii

Table Of Cases

xxv

PART I. EMPLOYMENT DISCRIMINATION LAW BEFORE THE MODERN ERA

2

(23)

The Constitution

2

(7)

Federal Civil Rights Legislation and Executive Action

9

(3)

Federal Labor Statutes

12

(2)

State Law

14

(11)

PART II. TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

25

(663)

An Overview of the Substantive Provisions

25

(32)

Covered Entities

25

(28)

Employers

26

(10)

Employment Agencies

36

(3)

Labor Organizations

39

(5)

``Individuals'' vs. ``Employees''

44

(9)

Covered Employment Decisions

53

(8)

Proscribed Bases of Classification

61

(1)

Exemptions

61

Defining and Proving Discrimination

57

(300)

Introduction

57

(1)

Intentional Discrimination Against the Individual: Disparate Treatment

57

(168)

The Conceptual Framework

58

(49)

Proof of Causation

107

(39)

The Defendant's Case

146

(1)

General Rebuttal

146

(1)

The Bona Fide Occupational Qualification

146

(26)

Sexual Harassment

172

(32)

Discrimination by Unions

204

(7)

Retaliation

211

(14)

Nonintentional Discrimination

225

(73)

The Conceptual Framework

225

(9)

The Plaintiff's Case

234

(32)

The Defenses

266

(18)

Bona Fide Seniority Systems

284

(14)

Intentional Discrimination Against a Class: Pattern or Practice Litigation

298

(59)

The Prohibited Classifications: Special Problems

357

(52)

Religion and the Duty to Accommodate

357

(30)

National Origin

387

(9)

Race and Color

396

(2)

Sex

398

(11)

``Sex-Plus'' Discrimination and Pregnancy

400

(35)

Sexual Harassment

435

(40)

Sex-Linked Factors

475

(11)

Sexual Preference Discrimination

486

(20)

``Protective'' State Labor Legislation

506

Procedural Requirements for Private Sector Employees

409

(80)

Suits by Individuals

410

(58)

The ``Timeliness'' Requirements of Title VII

410

(14)

Res Judicata, Collateral Estoppel and the Impact of State Proceedings on Title VII Litigation

424

(3)

The Date of Discrimination: When Does the Period for Filing the Charge Begin To Run?

427

(24)

The Relation Between the Substance of the EEOC Charge and Suit

451

(10)

The Effect of Compulsory Arbitration Agreements

461

(7)

Suits By The EEOC

468

(21)

Procedural Requirements For Public Sector Employees

489

(6)

Federal Government Employees

489

(5)

State and Local Government Employees

494

(1)

Class Actions

495

(44)

The Scope of the Class and the Proper Class Representative

498

(11)

The Size of the Class

509

(1)

The Class Action and the Prerequisites to Title VII Litigation

510

(19)

The Preclusive Effect of the Class Action Judgment on the Claims of Individual Class Members

529

(2)

Certification Under Rule 23(B)(2) and 23(B)(3): Notice to the Class and the Right To Opt Out

531

(7)

Class Actions and the EEOC

538

(1)

Remedies

539

(149)

Monetary Relief

539

(53)

Backpay

539

(34)

Front Pay

573

(1)

Damages

574

(16)

Tax Consequences of Monetary Relief

590

(2)

Injunctive Relief

592

(42)

Attorney Fees

634

(22)

Class Relief

656

(32)

PART III. OTHER ANTI-DISCRIMINATION LEGISLATION

688

(157)

The Reconstruction Civil Rights Act?42 U.S.C. §§1981,1983,1985(c)

688

(52)

The Civil Rights Act of 1866?42 U.S.C. §1981

688

(13)

The Civil Rights Act of 1871, Section One---42 U.S.C. §1983

701

(19)

The Civil Rights Act of 1871, Sec. 2?42 U.S.C. §1985(C)

720

(12)

The Applicable Statutes of Limitation

732

(2)

The Role of Res Judicata and Collateral Estoppel

734

(1)

Remedies

735

(5)

Damages

735

(1)

Injunctive Relief

736

(1)

Attorney Fees and Costs

737

(3)

The Equal Pay Act

740

(26)

The Age Discrimination In Employment Act

766

(27)

Overview of Statutory Provisions

766

(3)

Substantive Provisions

769

(14)

Procedural Requirements

783

(10)

The Statutory Response To Disability-Based Discrimination

793

(52)

The Americans With Disabilities Act

793

(46)

General Overview

793

(2)

The Meaning of ``Disability''

795

(16)

The Meaning of ``Qualified Individual''

811

(9)

The Dual Duty of Nondiscrimination

820

(1)

The Antidiscrimination Mandate

820

(4)

The Duty to Accommodate

824

(6)

Defenses

830

(1)

Job-Relatedness and Bus. Necess

830

(1)

Bona Fide Ins. Plans

831

(3)

Special Provisions Concerning Drug Testing and Other Medical Examinations

834

(2)

Procedural and Remedial Issues

836

(3)

The Rehabilitation Act

839

(6)

PART IV. AFFIRMATIVE ACTION

845

(116)

Appendix

961

(88)

Index

1049

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The Law of Employment Discrimination: Cases and Materials

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Table of Contents

Supplemental Materials