Unequal: How America's Courts Undermine Discrimination Law

Sandra F Sperino, Suja A Thomas

Research output: Book/Report/Conference proceedingBook

Abstract

This book describes what happens when workers file employment discrimination cases in federal court, Judges dismiss cases where supervisors grope women, call them whores and sluts, and repeatedly ask them on dates. Judges dismiss cases where supervisors use racial epithets against black workers. Judges dismiss cases where an employer gives an employee a negative evaluation because of her race. Congress passed discrimination laws that offer broad protections against workplace discrimination. Yet over the past several decades, courts have created ways to analyze discrimination cases in a way that favors employers and disfavors employees. Judges have slowly built up a set of frameworks, rules, and inferences that govern discrimination cases that dismiss cases—instead of properly enforcing the laws. This book examines each of these rules. Many of them are contrary to both the text and the purposes of the discrimination statutes. They are also factually unsupported. While individual rules are troubling enough, when all of the rules are put together, workers have little chance of prevailing.
Original languageEnglish (US)
PublisherOxford University Press
Number of pages232
ISBN (Print)9780190278380, 9780190278403, 9780190682279
DOIs
StatePublished - 2017

Publication series

NameLaw and Current Events Masters

Keywords

  • discrimination
  • EEOC
  • bias
  • equality
  • retaliation
  • harassment
  • ADEA
  • ADA
  • Title VII
  • civil rights

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