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Zusatztext The law professors use scores of real life examples to make their case, showing how far astray courts have gone in adjudicating discrimination cases against workers. Thankfully, Professors Sperino and Thomas provide litigants, policymakers and judges with a coherent and usable blueprint to turn the tide and restore the original intent of the anti-discrimination laws: to end workplace harassment and to give victims recourse for the injustices they have suffered. Informationen zum Autor Sandra F. Sperino is Professor of Law at the University of Cincinnati. Suja A. Thomas is Professor of Law at the University of Illinois. Klappentext Most Americans assume that that employees alleging workplace discrimination face the same legal system as other litigants. However, employment discrimination cases have fared increasingly poorly in the courts and have come to operate in a fundamentally different legal system than other claims. In Unequal, Sandra F. Sperino and Suja A. Thomas provide an authoritative account of how our legal system evolved into an institution that is inherently biasedagainst workers making rights claims. Zusammenfassung It is no secret that since the 1980s, American workers have lost power vis-a-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. Inhaltsverzeichnis Table of Contents Preface and Acknowledgments Chapter 1: Introduction Chapter 2: The Ways Judges Dismiss Cases Chapter 3. How Discrimination Disappears Chapter 4: Down the Rabbit Hole Chapter 5. Causation Chapter 6. Frameworks Chapter 7. Politics Chapter 8: Fakers and Floodgates Chapter 9: Why Workers Lose Chapter 10: The Future of Discrimination Law Notes ...
