Employment Discrimination Book

Casebook Correlation

Capsule Summary Chapter 1: The Background and Policy Bases for Antidiscrimination Law A. The Background for Antidiscrimination Law B. Antidiscrimination Law as an Exception to the At-Will-Rule C. The Law and Economics Challenge to Antidiscrimination Law D. Responses to the Libertarian Challenge to Antidiscrimination Law E. Developing a Personal Policy Perspective Concerning Discrimination Review Questions and Answers Chapter 2: Individual Disparate Treatment Discrimination A. Antidiscrimination Statutes B. Individual Disparate Treatment Is Intentional Discrimination C. There Are Two Recognized Ways to Prove Intent to Discriminate D. Circumstantial Evidence or 'Pretext' Cases Showing Intent to Discriminate E. The Three-Step McDonnell Douglas/Burdine Analysis F. The Background of the Direct Evidence or Mixed Motive Test of Intent G. The Present Approach to Direct Evidence Cases H. The Relationship Between the Circumstantial And Direct Evidence Approaches to Individual Disparate Treatment Discrimination I. The Collapse of the Existing Order and the Emergence of a New Approach Review Questions and Answers Chapter 3: Systemic Disparate Treatment Discrimination A. Policy or Practice of Intentional Discrimination B. Establishing a Prima Facie Case C. Formal Policies of Discrimination D. Patterns and Practices of Discrimination E. Using Statistical Evidence to Prove Systemic Disparate Treatment Discrimination F. Defenses to Disparate Treatment Cases G. Bona Fide Occupational Qualifications H. The Defense Against Individual's Remedies Review Questions and Answers Chapter 4: Systemic Disparate Impact Discrimination A. The Disparate Impact Concept B. A Brief Background C. The Present Statutory Structure of Disparate Impact Discrimination D. The Prima Facie Showing of and Employment Practice Causing Impact E. Defendant's Rebuttal F. Alternative Employment Practice Surrebuttal G. The Same Decision Defense to Limit Individual's Remedies H. Procedures and Remedies I. Disparate Impact in Other Antidiscrimination Statutes Review Questions and Answers Chapter 5: The Interrelation of the Theories of Discrimination A. The Difference Between the Three Theories of Discrimination B. The Relationship Between the Two Systemic Theories C. The Relationship Between the Systemic Theories and Individual Disparate Treatment Discrimination Review Questions and Answers Chapter 6: Special Problems of Gender Discrimination A. The Four Special Gender Discrimination Problems B. Pregnancy C. Sexual Harassment D. Grooming and Dress Codes E. Sexual Orientation Review Questions and Answers Chapter 7: Special Problems of Religious Discrimination A. The Four Special Problems of Religious Discrimination B. The Duty to Accommodate Employees' Religious Practices C. Title VII's Exemption for Employers to Discriminate Because of Religion D. The Constitutionality of Title VII's Treatment of Religion Review Questions and Answers Chapter 8: Special Problems of National Origin and Alienage Discrimination A. The Special Problems of National Origin and Alienage Discrimination B. Alienage Discrimination Is Not Prohibited by Title VII C. 42 U.S.C. 1981 Prohibits Race, Ancestry, and Ethnic But Not National Origin Discrimination D. The Immigration Reform and Control Act Prohibits Alienage and National Origin Discrimination E. Accent and Language as National Origin Discrimination Review Questions and Answers Chapter 9: Special Problems of Age Discrimination A. The Five Special Problems of Age Discrimination B. The Protected Class C. Individual Disparate Treatment Discrimination D. The EDEA and Disparate Impact Discrimination E. Fringe Benefit Plans F. Downsizing, Reductions in Force, and Early Retirement