This casebook provides considerable flexibility for an instructor teaching employment discrimination law, employment law, or a combination of both topics. It includes an in-depth treatment of Title VII, the ADA, and the ADEA, as well as chapters on sexual orientation and gender identity discrimination, affirmative action and retaliation. It introduces the concept of employment-at-will, and contractual and tort-based exceptions. This casebook also provides an overview of laws relating to workplace injuries, as well as chapters on wage and hour law, compensation discrimination, and employee classification or misclassification. It also includes a chapter on employee duties to the employer. A chapter on privacy reflects recent legislative initiatives at the state level, and an analysis of electronic intrusions by the employer. Professors Estreicher and Harper both served as Reporters for the Restatement on Employment Law and Zachary D. Fasman adds 50 years of practical experience in major law firms.

Cases are accompanied by explanatory notes and questions for further discussion. The Teacher's Manual contains case briefs and answers to notes; and a separate Statutory Supplement provides primary source material for use with this book.

Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 06/24/2022
Related Subject(s): Employment Law

Samuel Estreicher, New York University School of Law

Michael C. Harper, Boston University School of Law

Zachary D. Fasman, New York University School of Law


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The Sixth Edition of this casebook has been substantially revised. It reflects the order and content that professors teach, based on a review of syllabi nationwide, while adhering to the basic premise that the materials reflect the field as it is practiced. The book starts with an examination of the employer-employee relationship and the employment-at-will doctrine, and then proceeds with an in-depth treatment of all aspects of discrimination law. The employment discrimination section includes chapters on sexual orientation and gender identity discrimination, affirmative action as well as compensation inequity issues, including recent equal pay initiatives at the state and local level. The second half of the book consists of employment law topics, including revised chapters on misrepresentation, wrongful interference and defamation, and a chapter on workplace injuries, including treatment of workers’ compensation and OSHA. The privacy chapter has been revised and expanded as have the concluding chapters on remedies and procedure. The new edition also contains a chapter on coordination of federal and state remedial schemes. Case notes have been updated, reorganized and reworked throughout the book; cases are accompanied by notes that provide additional content and information.

Learn more about this series.