On the fiftieth anniversary of the landmark Civil Rights Act of 1964, Raymond F. Gregory evaluates our progress towards the full implementation of one of the law’s key provisions: Title VII, which prohibits discrimination in the workplace. Gregory looks at key litigation as the law has come to include discrimination based on more than just race, but on gender, age, ethnicity, and sexual orientation. From the segregationist policies of the past to lingering workplace oppression in the form of sexual harassment, age discrimination, and religious conflicts, the places we work have always been the scenes of some of our greatest civil rights battles. This study of the landmark cases and rulings, and debates surrounding workplace discrimination of all kinds sheds light on the cultural tensions we grapple with in America. Gregory also looks at the broader history of oppression suffered, recognized, and overcome, in the 50 years since this country passed its Civil Rights Act. In addition to a detailed history of the legal history of civil rights and America’s workplace discrimination, this book also outlines positive ways forward for our society as we continue to diversify and redefine what it means to be respectful of our fellow citizens’ most inalienable, protected, and sacred rights.

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.

Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer: racist jokes, signs reading “KKK” in his work area, and even questions from coworkers as to whether he had sex with his daughter as slaves supposedly did. He had an unusually strong case, with copious documentation and coworkers’ support, 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. A year later, he lost his job due to downsizing by his company. Mr. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. In the decades since the civil rights movement, we’ve made progress, but not nearly as much as it might seem. 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.

Reflecting the dominate theme of workplace equality, the authors go beyond this general consensus to affirm that the fundamental purpose of laws prohibiting employment discrimination is to implement the national civil rights policy. Organized around an examination of the reach and limits of laws, the book scrutinizes the federal statutory protection against employment discrimination. Constitutional provisions and state laws are included where appropriate. In addition, this new edition extensively uses scholarship drawn from the work of critical race theorists and feminist legal scholars. It also has materials on the law and economics approach to employment discrimination.

This controversial book presents a powerful argument for the repeal of anti-discrimination laws within the workplace. These laws--frequently justified as a means to protect individuals from race, sex, age, and disability discrimination--have been widely accepted by liberals and conservatives alike since the passing of the 1964 Civil Rights Act and are today deeply ingrained in our legal culture. Richard Epstein demonstrates that these laws set one group against another, impose limits on freedom of choice, undermine standards of merit and achievement, unleash bureaucratic excesses, mandate inefficient employment practices, and cause far more invidious discrimination than they prevent. Epstein urges a return to the common law principles of individual autonomy that permit all persons to improve their position through trade, contract, and bargain, free of government constraint. He advances both theoretical and empirical arguments to show that competitive markets outperform the current system of centralized control over labor markets. Forbidden Grounds has a broad philosophical, economic, and historical sweep. Epstein offers novel explanations for the rational use of discrimination, and he tests his theory against a historical backdrop that runs from the early Supreme Court decisions, such as Plessy v. Ferguson which legitimated Jim Crow, through the current controversies over race-norming and the 1991 Civil Rights Act. His discussion of sex discrimination contains a detailed examination of the laws on occupational qualifications, pensions, pregnancy, and sexual harassment. He also explains how the case for affirmative action is strengthened by the repeal of employment discrimination laws. He concludes the book by looking at the recent controversies regarding age and disability discrimination. Forbidden Grounds will capture the attention of lawyers, social scientists, policymakers, and employers, as well as all persons interested in the administration of this major

Enacted nearly fifty years ago, the Civil Rights Act codified a new vision for American society by formally ending segregation and banning race and gender discrimination in the workplace. But how much change did the legislation actually produce? As employers responded to the law, did new and more subtle forms of inequality emerge in the workplace? In an insightful analysis that combines history with a rigorous empirical analysis of newly available data, Documenting Desegregation offers the most comprehensive account to date of what has happened to equal opportunity in America—and what needs to be done in order to achieve a truly integrated workforce. Weaving strands of history, cognitive psychology, and demography, Documenting Desgregation provides a compelling exploration of the ways legislation can affect employer behavior and produce change. Authors Kevin Stainback and Donald Tomaskovic-Devey use a remarkable historical record—data from more than six million workplaces collected by the U.S. Equal Employment Opportunity Commission (EEOC) since 1966—to present a sobering portrait of race and gender in the American workplace. Progress has been decidedly uneven: black men, black women, and white women have prospered in firms that rely on educational credentials when hiring, though white women have advanced more quickly. And white men have hardly fallen behind—they now hold more managerial positions than they did in 1964. The authors argue that the Civil Rights Act's equal opportunity clauses have been most effective when accompanied by social movements demanding changes. EEOC data show that African American men made rapid gains in the 1960s at the height of the Civil Rights movement. Similarly, white women gained access to more professional and managerial jobs in the 1970s as regulators and policymakers began to enact and enforce gender discrimination laws. By the 1980s, however, racial desegregation had stalled, reflecting the dimmed status of the Civil Rights agenda. Racial and gender employment segregation remain high today, and, alarmingly, many firms, particularly in high-wage industries, seem to be moving in the wrong direction and have shown signs of resegregating since the 1980s. To counter this worrying trend, the authors propose new methods to increase diversity by changing industry norms, holding human resources managers to account, and exerting renewed government pressure on large corporations to make equal employment opportunity a national priority. At a time of high unemployment and rising inequality, Documenting Desegregation provides an incisive re-examination of America's tortured pursuit of equal employment opportunity. This important new book will be an indispensable guide for those seeking to understand where America stands in fulfilling its promise of a workplace free from discrimination.

"Text for undergraduate, graduate, human resources, and paralegal courses on employment law"--