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Tables of Contents for Employment Discrimination Law
Chapter/Section Title
Page #
Page Count
Preface
iii
2
About the Author
v
 
CHAPTER 1 DISCRIMINATION LAWS: PROTECTED CLASSES UNDER TITLE VII AND THE CONSTITUTION
1
70
Section 1 Introduction
1
1
2 Title VII as Amended
2
7
3 Race and Color
9
7
4 Religion
16
10
5 Sex
26
5
6 Employer Liability for Sexual Harassment
31
11
7 Employer Liability for Co-worker and Nonemployee Sexual Harassment
42
11
8 National Origin, Including Hispanic Origin
53
3
9 Title VII: Section 703 Exceptions
56
7
10 Selected Constitutional Theories on Discrimination
63
8
CHAPTER 2 PROCEDURES AND REMEDIES
71
45
Section 11 Burden of Proof
71
8
12 Statistical Cases
79
3
13 Title VII Court-Ordered Remedies
82
4
14 Consent Decrees and Voluntary Affirmative Action Plans
86
11
15 Reverse Discrimination and Affirmative Action Plans
97
5
16 Executive Order 11246: Affirmative Action Programs
102
4
17 Other Remedy Options
106
10
CHAPTER 3 PAY EQUITY; AGE DISCRIMINATION
116
32
Section 18 Equal Pay for Equal Work
116
4
19 The Gunther Decision and Comparable Worth
120
6
20 Age Discrimination
126
4
21 Prohibited Practices and Damages
130
8
22 Arbitration of ADEA Claims
138
2
23 The Older Workers Benefit Protection Act; ADEA Exceptions and Defenses
140
8
CHAPTER 4 DISABILITY DISCRIMINATION LAWS: WORKERS' COMPENSATION
148
30
Section 24 Discrimination Against Disabled Workers
148
2
25 The Rehabilitation Act of 1973
150
9
26 The Americans With Disabilities Act
159
4
27 Workers' Compensation: Relationship to the ADA
163
15
CHAPTER 5 EMPLOYMENT RELATIONSHIPS: CONTRACTUAL AND TORT THEORIES
178
23
Section 28 Employment at Will, Exceptions, and Discrimination Claims
178
11
29 Employer Liability for Torts of Employees
189
3
30 Proper Classification of Workers
192
1
31 Negligent Hiring and Retention of Employees
192
9
CHAPTER 6 EMPLOYEE PRIVACY TOPICS
201
43
Section 32 Historical Background, Introduction to Employee Privacy
201
2
33 Public Employees' Privacy Rights
203
4
34 Private-Sector Employees
207
1
35 Confidentiality of Medical Records; Unreasonable Publicity of Private Life of Another
207
7
36 Monitoring Employee Telephone Conversations and E-Mail
214
4
37 Drug Testing
218
9
38 Alcohol Abuse and Employee Assistant Programs
227
2
39 Polygraph Examinations
229
6
40 Employee Defamation Claims
235
9
CHAPTER 7 DEVELOPING TOPICS
244
28
Section 41 Developing Law Regulating Wages and Hours
244
7
42 Family and Medical Leaves of Absence
251
1
43 Plant Closing Laws: The WARN Act
252
5
44 Unemployment Compensation
257
4
45 Employment-Related Immigration Laws: Introduction
261
1
46 Employer Sanctions and Verification Responsibilities
261
2
47 Employer Discrimination
263
1
48 Business Visas
264
8
Appendix A Excerpts from Title VII of the Civil Rights Act of 1964 as Amended by the Equal Employment Opportunity Act of 1972
272
2
Appendix B Excerpts from Civil Rights Act of 1991
274
7
Appendix C Excerpts from the EEOC's Uniform Guidelines on Employee Selection Procedures (1978)
281
3
Appendix D Excerpts from Americans with Disabilities Act of 1990
284
4
Appendix E Excerpts from the EEOC's ADA Enforcement Guidance: Pre-employment Disability-Related Questions and Medical Examinations
288
6
Appendix F Excerpts from the EEOC's Guidance on Psychiatric Disabilities and the ADA, March 25, 1997
294
5
Appendix G Excerpts from the EEOC Enforcement Guidance: Workers' Compensation and the ADA
299
3
Appendix H Excerpts from Presidential Guidelines on Religious Exercise and Expression in the Federal Workplace, August 14, 1997
302
6
GLOSSARY
308
3
INDEX OF CASES
311
4
INDEX OF SUBJECTS
315