Employment Discrimination Law, Visions of Equality in Theory and Doctrine (Concepts and Insights)

This book provides an introduction to the field of employment discrimination law, both at the abstract level of theory and at the concrete level of doctrine. It is as much an introduction for experienced lawyers and scholars who come to this field with a thorough knowledge of other aspects of the law as for law students who have just begun preparing for their careers. The leading decisions of the Supreme Court receive a comprehensive analysis, in terms both of theory and doctrine, putting them in the context of the relevant statutory provisions and other judicial decisions. This book offers three different theoretical perspectives–based on history, economics, and critical social theory–to explain both the complexities and the tensions inherent in existing law.

The new edition of this book addresses several major developments in the field, which have gone in two different directions: towards broader and more general prohibitions, and at the same time, towards exceptions recognized on a variety of grounds. The broad trend is epitomized by the Supreme Court’s interpretation of Title VII’s prohibition against sex discrimination to include discrimination on the basis of sexual orientation and gender identity. The Supreme Court took this step in the wake of constitutional decisions legitimizing gay and same-sex marriage. It also acted despite the repeated failure of bills in Congress that would have explicitly prohibited employment discrimination on the basis of sexual orientation and gender identity. The restrictive tendency is evident in decisions recognizing and expanding the constitutional right of religious organizations to choose ministers and teachers of faith regardless of the laws against employment discrimination. All of these major developments, and others as well, are covered in the new edition of this book.