Discrimination at will: job security protections and equal employment opportunity in conflict.: An article from: Stanford Law Review
Book Details
Author(s)Julie C. Suk
PublisherThomson Gale
ISBN / ASINB001268LP2
ISBN-13978B001268LP5
AvailabilityAvailable for download now
Sales Rank12,851,870
MarketplaceUnited States 🇺🇸
Description
This digital document is an article from Stanford Law Review, published by Thomson Gale on October 1, 2007. The length of the article is 20268 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.
From the author: The conventional wisdom amongst scholars and advocates of employment discrimination law is that the success of Title VII is significantly hampered by the enduring doctrine of employment at will. As long as employers have broad discretion to fire employees for any reason, no reason, or a bad reason, employers can easily get away with terminating or refusing to promote racial minorities and women as long as some credible nondiscriminatory reason, such as personal animosity, can be presented. This account feeds the widely accepted view that employment at will and the goals of Title VII, namely equal employment opportunity, are at odds. This Article challenges this piece of conventional wisdom by showing how job security protections can also exacerbate racial inequality in employment. It examines the recent race riots and student protests against proposed labor law changes in France to unearth the tension between combating racial discrimination in hiring and protecting all employees' job security. Scholars and advocates of employment discrimination law should be aware of the ways in which both employment at will and job security protections can function in different contexts to exacerbate racial inequalities in employment. Such awareness should encourage the development of a broader perspective on equal employment opportunity that moves beyond the limited set of problems that are identified by the litigation of employment discrimination cases.
Citation Details
Title: Discrimination at will: job security protections and equal employment opportunity in conflict.
Author: Julie C. Suk
Publication:Stanford Law Review (Magazine/Journal)
Date: October 1, 2007
Publisher: Thomson Gale
Volume: 60 Issue: 1 Page: 73(41)
Distributed by Thomson Gale
From the author: The conventional wisdom amongst scholars and advocates of employment discrimination law is that the success of Title VII is significantly hampered by the enduring doctrine of employment at will. As long as employers have broad discretion to fire employees for any reason, no reason, or a bad reason, employers can easily get away with terminating or refusing to promote racial minorities and women as long as some credible nondiscriminatory reason, such as personal animosity, can be presented. This account feeds the widely accepted view that employment at will and the goals of Title VII, namely equal employment opportunity, are at odds. This Article challenges this piece of conventional wisdom by showing how job security protections can also exacerbate racial inequality in employment. It examines the recent race riots and student protests against proposed labor law changes in France to unearth the tension between combating racial discrimination in hiring and protecting all employees' job security. Scholars and advocates of employment discrimination law should be aware of the ways in which both employment at will and job security protections can function in different contexts to exacerbate racial inequalities in employment. Such awareness should encourage the development of a broader perspective on equal employment opportunity that moves beyond the limited set of problems that are identified by the litigation of employment discrimination cases.
Citation Details
Title: Discrimination at will: job security protections and equal employment opportunity in conflict.
Author: Julie C. Suk
Publication:Stanford Law Review (Magazine/Journal)
Date: October 1, 2007
Publisher: Thomson Gale
Volume: 60 Issue: 1 Page: 73(41)
Distributed by Thomson Gale
