Foundations of Employment Discrimination Law - John J. Donohue - Paperback Book

	Racial Discrimination
1	Historical Background	3
	Democracy in America	6
	An American Dilemma: The Negro Problem and Modern Democracy	10
2	Freedom and Antidiscrimination Law: Philosophic Issues	14
	In Defense of the Antidiscrimination Principle	17
	Rational Discrimination in Competitive Markets	22
3	The Theory of Employment Discrimination Law	32
	A Theory of Fair Employment Laws	35
	Racism, Rights, and the Quest for Equality of Opportunity: A Critical Legal Essay	43
	Race, Reform, and Retrenchment: Transformation and Legitimation in Antidiscrimination Law	47
	Affirmative Action and Racial Discrimination under Law: A Preliminary Review	53
	Persuasion and Distrust: A Comment on the Affirmative Action Debate	61
	Affirmative Action as a Majoritarian Device: Or, Do You Really Want to Be a Role Model?	65
4	The Evolution of the Law	75
	The Law Transmission System and the Southern Jurisprudence of Employment Discrimination	78
	Within-Group Norming and Other Forms of Score Adjustment in Preemployment Testing	91
	Employment Testing and Job Performance	103
	Concepts of Discrimination in "General Ability" Job Testing	105
5	The Nature and Extent of Racial Prejudice	111
	Recent Unobtrusive Studies of Black and White Discrimination and Prejudice: A Literature Review	113
	The Content of Our Categories: A Cognitive Bias Approach to Discrimination and Equal Employment Opportunity	119
	The Id, the Ego, and Equal Protection: Reckoning with Unconscious Racism	122
	Cooperation and Conflict: The Economics of Group Status Production and Race Discrimination	125
6	The Nature and Extent of Racially Discriminatory Conduct	133
	Racism du Jour at Shoney's	135
	"We'd Love to Hire Them, but ...": The Meaning of Race for Employers	139
	The Urban Institute Audit Studies: Their Methods and Findings	147
7	Are Antidiscrimination Laws Efficient?	157
	Is Title VII Efficient?	159
	The Efficiency and the Efficacy of Title VII	167
	Further Thoughts on Employment Discrimination Legislation: A Reply to Judge Posner	171
	Market Affirmative Action	174
8	Are Antidiscrimination Laws Effective?	187
	Black Economic Progress after Myrdal	189
	Continuous versus Episodic Change: The Impact of Civil Rights Policy on the Economic Status of Blacks	198
9	The Responses of Litigants and Employers to Antidiscrimination Law	218
	The Changing Nature of Employment Discrimination Litigation	220
	Victims in the Shadow of the Law: A Critique of the Model of Legal Protection	240
	Equal Opportunity Law and the Construction of Internal Labor Markets	249
10	Using Statistical Evidence to Prove Discrimination	260
	What Happened in Hazelwood: Statistics, Employment Discrimination, and the 80% Rule	262
	Statistical Proof of Discrimination: Beyond "Damned Lies"	275
	Sex Discrimination
11	Historical and Psychological Perspectives	287
	Understanding the Gender Gap: An Economic History of American Women	290
	Mothering, Male Dominance, and Capitalism	295
12	Feminist Theory	303
	Reconstructing Sexual Equality	306
	Structuralist and Cultural Domination Theories Meet Title VII: Some Contemporary Influences	311
13	Economic Considerations	324
	An Economic Analysis of Sex Discrimination Laws	326
	Prohibiting Sex Discrimination in the Workplace: An Economic Perspective	338
14	Sex Segregation and Sexual Harassment	353
	Telling Stories about Women and Work: Judicial Interpretations of Sex Segregation in the Workplace in Title VII Cases Raising the Lack of Interest Argument	355
	Sexual Harassment: Its First Decade in Court (1986)	364
15	Alternative Proposals for Creating Sexual Equality in the Workplace	377
	The Economics of Comparable Worth: Analytical, Empirical, and Policy Questions	379
	Women and the Workplace: Accommodating the Demands of Pregnancy	385