Item Details

Rights on Trial: How Workplace Discrimination Law Perpetuates Inequality

Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen
Format
Book
Published
Chicago ; London : The University of Chicago Press, 2017.
Language
English
ISBN
9780226466712, 022646671X, 9780226466859, 022646685X, 9780226466996 (e-book)
Summary
"Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer. He had an unusually strong case, with copious documentation, 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. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. 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 this progressive vision of the law falls far short in practice. The adversarial character of litigation imposes considerable costs that make plaintiffs feel like they?ve lost regardless of the outcome of the case. 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."--
Contents
  • Introduction : putting rights on trial
  • Fifty years of employment civil rights
  • A quantitative analysis of employment civil rights litigation : case characteristics, plaintiff characteristics, and legal outcomes
  • Workplace wars : the origins of employment civil rights lawsuits in the workplace
  • Representation and race : finding a lawyer, screening clients, and the production of racial disparities
  • Representing rights : lawyer-client relationships
  • Right right, wrong plaintiff : adversarial conflict and the disavowal of discrimination
  • Win, lose, or draw : perspectives on case outcomes
  • Stereotyping and the reinscription of race, sex, disability, and age hierarchies
  • The voices of employment civil rights.
Description
xiv, 351 pages : illustrations ; 24 cm
Notes
Includes bibliographical references (pages 313-336) and index.
Technical Details
  • Access in Virgo Classic

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    a| Introduction : putting rights on trial -- Fifty years of employment civil rights -- A quantitative analysis of employment civil rights litigation : case characteristics, plaintiff characteristics, and legal outcomes -- Workplace wars : the origins of employment civil rights lawsuits in the workplace -- Representation and race : finding a lawyer, screening clients, and the production of racial disparities -- Representing rights : lawyer-client relationships -- Right right, wrong plaintiff : adversarial conflict and the disavowal of discrimination -- Win, lose, or draw : perspectives on case outcomes -- Stereotyping and the reinscription of race, sex, disability, and age hierarchies -- The voices of employment civil rights.
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    a| "Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer. He had an unusually strong case, with copious documentation, 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. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. 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 this progressive vision of the law falls far short in practice. The adversarial character of litigation imposes considerable costs that make plaintiffs feel like they?ve lost regardless of the outcome of the case. 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."-- c| Back cover.
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    a| Discrimination in employment x| Law and legislation z| United States.
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    a| Discrimination in employment x| Law and legislation x| Economic aspects z| United States.
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    a| Nelson, Robert L., d| 1952- e| author.
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    a| Nielsen, Laura Beth, e| author.
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