Employment Discrimination Law, Visions of Equality in Theory and Doctrine

George A. Rutherglen, University of Virginia School of Law

CasebookPlus™

This title is available in our CasebookPlus format. CasebookPlus provides support beyond your classroom lectures and materials by offering additional digital resources to you and your students. Anchored by faculty-authored formative self-assessments keyed to our most popular casebooks, CasebookPlus allows students to test their understanding of core concepts as they are learning them in class – on their own, outside of the classroom, with no extra work on your part. CasebookPlus combines three important elements:

• A new print or digital casebook
• Access to a downloadable eBook with the ability to highlight and add notes
• 12-month access to a digital Learning Library complete with:

Multiple-choice self-assessment questions, including:

• Chapter questions keyed to the casebook
• Black Letter Law questions (available in select subjects)
• Subject area review questions for end of semester use

Essay and short answer questions with sample answers and expert commentary, in 1L and select upper-level subjects

Leading digital study aids, an outline starter, and audio lectures in select subjects

Students can still utilize CasebookPlus digital resources if they’ve purchased a used book or are renting their text by purchasing the Learning Library at westacademic.com.

With CasebookPlus, you can customize your students’ learning experience and monitor their performance. The quiz editor allows you to create your own custom quiz set, suppress specific quiz questions or quiz sets, and time-release quiz questions. Additionally, the flexible, customized reporting capability helps you evaluate your students’ understanding of the material and can also help your school demonstrate compliance with the new ABA Assessment and Learning Outcomes standards.

Since the last edition of this book, developments have only accelerated as the Supreme Court has decided a series of constitutional decisions with wider and more profound implications for employment discrimination law. Currently pending before the Court is an individual claim of reverse discrimination, which follows hard on the heels of decisions invalidating most forms of affirmative action in higher education. These decisions have implications for class claims of intentional discrimination and of disparate impact, both heavily dependent on statistical evidence of discrimination.

The renewed controversy over abortion, now taking place mainly at the state level, continues to pose problems for employers trying to comply with both state and federal law. Recently enacted statutes, like the Pregnant Workers Fairness Act, seemingly cushion the potential impact of the abortion decision, but in complicating efforts at compliance. Working out the consequences of the Court’s recent constitutional decisions comes down to a delicate balance between theory and practice: theory in preserving a commitment to equal opportunity, and practice, in recognizing that the forms this commitment takes has shifted to more conservative conceptions of equality.

Learn more about this series.