Discrimination at Work: Comparing European, French, and American Law

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Univ of California Press, Feb 22, 2016 - Biography & Autobiography - 362 pages
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Do the United States and France, both post-industrial democracies, differ in their views and laws concerning discrimination? Marie Mercat-Bruns, a Franco-American scholar, examines the differences in how the two countries approach discrimination. Bringing together prominent legal scholars—including Robert Post, Linda Krieger, Martha Minow, Reva Siegel, Susan Sturm, Richard Ford, and others—Mercat-Bruns demonstrates how the two nations have adopted divergent strategies. The United States continues, with mixed success at “colorblind” policies, to deal with issues of diversity in university enrollment, class action sex-discrimination lawsuits, and rampant police violence against African American men and women. In France, the country has banned the full-face veil while making efforts to present itself as a secular republic. Young men and women whose parents and grandparents came from sub-Sahara and North Africa are stuck coping with a society that fails to take into account the barriers to employment and education they face.

Discrimination at Work provides an incisive comparative analysis of how the nature of discrimination in both countries has changed, now often hidden, or steeped in deep unconscious bias. While it is rare for employers in both countries to openly discriminate, deep systemic discrimination exists, rooted in structural and environmental causes and the ways each state has dealt with difference in general. Invigorating and incisive, the book examines hot-button issues such as sexual harassment; race, religious and gender discrimination; and equality for LGBT individuals, thereby delivering comparisons meant to further social equality and fundamental human rights across borders.
 

Contents

The Constitution
9
Antidiscrimination Models and Enforcement
29
Intent Bias
61
From Disparate Impact to Systemic Discrimination
82
The Multiple Grounds of Discrimination
145
Appendix
247
Index
359
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About the author (2016)

Marie Mercat-Bruns is Affiliated Professor at Sciences Po Law School and Associate Professor in Labor and Employment Law at the Conservatoire National des Arts et Métiers in Paris. She is a member of the Research Institute LISE CNRS (Codirector of the program Gender, Categories and Policy) and also of the scientific committee of PRESAGE (Sciences Po/OFCE Research and Academic Program on Gender Thinking).

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