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Title:
Rights on trial : how workplace discrimination law perpetuates inequality / Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen.
Author:
Berrey, Ellen, author.

Nelson, Robert L., 1952- author.

Nielsen, Laura Beth, author.
Publication Information:
Chicago ; London : The University of Chicago Press, 2017.
Call Number:
KF3464 .B477 2017
Abstract:
"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, as Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen compellingly show, this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they've lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling "held up" by what they see as frivolous cases. 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. Based on rich interviews with plaintiffs, attorneys, and representatives of defendants and an original national dataset on case outcomes, Rights on Trial reveals the fundamental flaws of workplace discrimination law and offers practical recommendations for how we might better respond to persistent patterns of discrimination."--Publisher's website.
ISBN:
9780226466712

9780226466859
Physical Description:
xiv, 351 pages : illustrations ; 24 cm.
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.
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