Cases and Materials on Employment Discrimination Book

	Preface
	Acknowledgments
Ch. 1	Legal Approaches to the Employment Relation	3
A	History	3
B	The Reassessment of Contract Law	14
C	The Reassessment of Tort Law	21
D	The Future of Employment Law	27
E	The Organization of This Book	27
Ch. 2	The Policy Bases for Antidiscrimination Law	31
A	Introduction	31
B	Are Antidiscrimination Laws Necessary to Eliminate Discrimination?	33
C	Why Prohibit Discrimination?	45
D	The Costs and Benefits of Prohibiting Discrimination	60
Ch. 3	Individual Disparate Treatment Discrimination	77
A	Introduction	77
B	The Meaning of Discriminatory Intent	79
C	Circumstantial Evidence of Discriminatory Intent	97
D	Direct Evidence of Discriminatory Intent	152
E	The Present and Future of Individual Disparate Treatment Law	181
Ch. 4	Systemic Disparate Treatment Discrimination	199
A	Introduction	199
B	Formal Policies of Discrimination	200
C	Patterns and Practices of Discrimination	210
D	Defenses to Disparate Treatment Cases	251
Ch. 5	Systemic Disparate Impact Discrimination	321
A	The Concept of Disparate Impact Discrimination	322
B	The Structure of Disparate Impact Law After the 1991 Civil Rights Act	341
C	Section 703(h) Exceptions	400
Ch. 6	The Interrelation of the Disparate Treatment and Disparate Impact Theories of Discrimination	425
A	Keeping Disparate Treatment and Disparate Impact Analysis Distinct	426
B	The Relationship Between Disparate Impact and Treatment Where There Is a Statistical Showing of Effects	427
C	Reconciling the Tension Between Disparate Treatment and Disparate Impact	453
Ch. 7	Special Problems in Applying Title VII, Section 1981, and the ADEA	461
A	Introduction	461
B	Coverage of Title VII, Section 1981, and the ADEA	462
C	Sex Discrimination	469
D	Discrimination on Account of Religion	582
E	National Origin and Alienage Discrimination	616
F	Union Liability	636
G	Retaliation	637
H	Age Discrimination	657
Ch. 8	Disability Discrimination	675
A	Introduction	675
B	The Meaning of "Disability"	679
C	The Meaning of "Qualified Individual with a Disability"	721
D	Discriminatory Qualification Standards	758
E	Burdens of Production and Proof	777
F	Special Problems of Disability Discrimination	792
G	Title H of the ADA	824
H	The Rehabilitation Act of 1973	826
Ch. 9	Procedures for Enforcing Antidiscrimination Laws	833
A	Introduction	833
B	Private Enforcement: The Administrative Phase	835
C	Private Enforcement: Filing Suit	862
D	Private Enforcement: Relationship of the EEOC Charge to Private Suit	866
E	The Interrelationship of Various Rights and Remedies	872
F	Private Class Actions	904
G	Federal Government Enforcement	915
H	The Relationship Between Public and Private Suit	918
I	Title VII Suit Against Governmental Employers	920
J	Settling Discrimination Suits	926
Ch. 10	Judicial Relief	941
A	Introduction	941
B	Legal Remedies	947
C	Equitable Relief	966
D	Calculation of Backpay	992
	Table of Cases	1023
	Table of Selected Secondary Authorities	1039
	Index	1057