SUNY Community

An Introduction to Labor and Employment Law

Creative Commons  License: Attribution-CC-BY

Author(s):

An Introduction to Labor and Employment Discrimination Law is not an attempt to teach law to undergraduates, but rather to introduce them to legal reasoning. The principal means to this end are cases that present competing arguments (e.g., in majority and dissenting opinions) on major issues.

Each case is preceded by the author’s introduction and followed by the author’s comments and questions.  Chapter 1 focuses on labor law in the Nineteenth and early Twentieth Centuries, i.e., before the National Labor Relations Act of 1935. Chapter 2 surveys modern labor law under the Labor Act, covering such topics as representation and unfair labor practices. Chapter 3 is a brief introduction to the law of employment discrimination under the Equal Pay Act, Title VII of the Civil Rights Act of 1964, and Americans With Disabilities Act.

The book is accompanied by an appendix that contains a glossary of legal terms plus excerpts from the Constitution and relevant federal statutes.

Facebooktwitterredditlinkedintumblrmail


 

 

CHAPTER 1: LABOR LAW BEFORE THE LABOR ACT

  • The Colonial Period
  • The Strike as a Criminal Conspiracy
  • The Picket Line as the Tort of Damage to Business
  • Strikes and Boycotts as Violations of Anti-trust Law
  • The Unconstitutionality of Government Protection of Labor
  • Government by Injunction

CHAPTER 2: MODERN LABOR LAW

  • Introduction to the Norris-LaGuardia Act
  • The Constitutionality of the Labor Act
  • Coverage of the Labor Act
  • The Duty of Fair Representation
  • Concerted Activity
  • Discrimination
  • Replacement of Strikers
  • Solicitation on Company Property
  • Plant Closings
  • Promises and Benefits
  • Authorization Cards and Bargaining Orders
  • Successorship
  • Remedies for Refusal to Bargain
  • Bargaining in Good Faith

CHAPTER 3: EMPLOYMENT DISCRIMINATION LAW

SEX DISCRIMINATION IN COMPENSATIONTHE EQUAL PAY ACT OF 1963

  • Equal Pay, Equal Work, and “Any Other Factor Other Than Sex”
  • Equal Work
  • Equal Work and Similar Working Conditions

DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGINTITLE VII OF THE CIVIL RIGHTS ACT OF 1964

  • Disparate Treatment
  • Sexual Harassment
  • Bona Fide Occupational Qualifications
  • Proof of Disparate Treatment
  • Disparate Impact
  • Business Necessity
  • Proof of Disparate Impact
  • Affirmative Action
  • Reasonable Accommodation to Religion
  • What is a Handicap or Disability?
  • What is a Handicap or Disability (cont’d)



Michael Evan Gold

Michael Evan Gold teaches courses on ethics, labor and employment law, and justice. He has published introductory books on labor law and on employment discrimination law as well as articles in scholarly journals on sex discrimination, the theory of disparate impact, and age discrimination. At present he is attempting to develop a new approach to teaching law.