Antidiscrimination in Employment: The Simple, the Complex, and the Paradoxical

THE LAW AND ECONOMICS OF LABOR AND EMPLOYMENT LAW, Cynthia Estlund and Michael L. Wachter, eds., Edward Elgar, 2012

NYU Law and Economics Research Paper No. 10-10

32 Pages Posted: 13 Mar 2010 Last revised: 30 Mar 2015

See all articles by Samuel Issacharoff

Samuel Issacharoff

New York University School of Law

Erin Adele Scharff

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Date Written: March 11, 2010

Abstract

Employment discrimination law has come a long way since it confronted the simple exclusion of minorities or women from desirable positions in the workforce. The expansion of protected groups and the dismantling of the more overt forms of exclusions has strained the antidiscrimination norm embodied by Title VI of the Civil Rights Act of 1964. As the law expanded the class of protected workers, its redistributive aims grew more pronounced. This chapter of a forthcoming handbook on the economic foundations of labor and employment law and provides an overview of this shift, focusing on the Age Discrimination in Employment Act, the Pregnancy Discrimination Act, and the Americans with Disabilities Act. With each further expansion of the reach of employment discrimination laws, the relation between bias and what may be termed employers’ economically rational discrimination became a more significant part of the case law. This chapter addresses some of the underlying labor economic issues as civil rights laws confront accommodation requirements and redistributive aims. The chapter will be published in The Law and Economics of Labor and Employment Law, edited by Cynthia Estlund and Michael L. Wachter and published by Edward Elgar.

Suggested Citation

Issacharoff, Samuel and Scharff, Erin Adele, Antidiscrimination in Employment: The Simple, the Complex, and the Paradoxical (March 11, 2010). THE LAW AND ECONOMICS OF LABOR AND EMPLOYMENT LAW, Cynthia Estlund and Michael L. Wachter, eds., Edward Elgar, 2012, NYU Law and Economics Research Paper No. 10-10, Available at SSRN: https://ssrn.com/abstract=1568813

Samuel Issacharoff (Contact Author)

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States
212-998-6580 (Phone)
212-995-3150 (Fax)

Erin Adele Scharff

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

P.O. Box 877906
Tempe, AZ 85287-7906
United States

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