The Law and Economics of Employment Discrimination Law

J. Hersch, Blair Druhan Bullock
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引用次数: 3

Abstract

The labor market is governed by a panoply of laws, regulating virtually all aspects of the employment relation, including hiring, firing, information exchange, privacy, workplace safety, work hours, minimum wages, and access to courts for redress of violations of rights. Antidiscrimination laws, especially Title VII, notably prohibit employment discrimination on the basis of race, color, religion, sex, and national origin. Court decisions and legislation have led to the extension of protection to a far wider range of classes and types of workplace behavior than Title VII originally covered. The workplace of the early 21st century is very different from the workplace when the major employment discrimination statutes were enacted, as these laws were conceived as regulating an employer–employee relationship in a predominantly white male labor market. Prior emphasis on employment discrimination on the basis of race and sex has been superseded by enhanced attention to sexual harassment and discrimination on the basis of disability, sexual orientation, gender identity, and religion. Concerns over the equity or efficiency of the employment-at-will doctrine recede in a workforce in which workers are increasingly categorized as independent contractors who are not covered by most equal employment laws. As the workplace has changed, the scholarship on the law and economics of employment law has been slow to follow.
就业歧视法的法律与经济学
劳动力市场由一整套法律管理,几乎规范了雇佣关系的所有方面,包括雇用、解雇、信息交换、隐私、工作场所安全、工作时间、最低工资以及在侵犯权利时向法院寻求赔偿。反歧视法,尤其是第七章,明确禁止基于种族、肤色、宗教、性别和国籍的就业歧视。法院的判决和立法已经将保护范围扩大到比第七章最初涵盖的更广泛的类别和类型的工作场所行为。21世纪初的工作场所与主要的就业歧视法规颁布时的工作场所有很大的不同,因为这些法律被认为是在以白人男性为主的劳动力市场中规范雇主与雇员的关系。先前强调的基于种族和性别的就业歧视已被更加重视性骚扰和基于残疾、性取向、性别认同和宗教的歧视所取代。对随意雇佣原则的公平或效率的担忧在劳动力中消退,因为工人越来越多地被归类为独立的承包商,不受大多数平等就业法的保护。随着工作场所的变化,就业法的法律和经济学方面的学术研究进展缓慢。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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