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Discrimination laundering : the rise of organizational innocence and the crisis of equal opportunity law
\"While discrimination in the workplace is often perceived to be undertaken at the hands of individual or 'rogue' employees acting against the better interest of their employers, the truth is often the opposite: organizations are inciting discrimination through the work environments that they create. Worse, the law increasingly ignores this reality and exacerbates the problem. In this groundbreaking book, Tristin K. Green describes the process of discrimination laundering, showing how judges are changing the law to protect employers, and why. By bringing organizations back into the discussion of discrimination, with real-world stories and extensive social-science research, Green shows how organizational and legal efforts to minimize discrimination - usually by policing individuals over broader organizational change - are taking us in the wrong direction, and how the law could do better, by creating incentives for organizational efforts that are likely to minimize discrimination, instead of inciting it\"-- Provided by publisher.
Book
The Price of Rights
Many low-income countries and development organizations are calling for greater liberalization of labor immigration policies in high-income countries. At the same time, human rights organizations and migrant rights advocates demand more equal rights for migrant workers. The Price of Rights shows why you cannot always have both.
Examining labor immigration policies in over forty countries, as well as policy drivers in major migrant-receiving and migrant-sending states, Martin Ruhs finds that there are trade-offs in the policies of high-income countries between openness to admitting migrant workers and some of the rights granted to migrants after admission. Insisting on greater equality of rights for migrant workers can come at the price of more restrictive admission policies, especially for lower-skilled workers. Ruhs advocates the liberalization of international labor migration through temporary migration programs that protect a universal set of core rights and account for the interests of nation-states by restricting a few specific rights that create net costs for receiving countries.
The Price of Rights analyzes how high-income countries restrict the rights of migrant workers as part of their labor immigration policies and discusses the implications for global debates about regulating labor migration and protecting migrants. It comprehensively looks at the tensions between human rights and citizenship rights, the agency and interests of migrants and states, and the determinants and ethics of labor immigration policy.
eBook
Emiratization in the UAE Labor Market : Opportunities and Challenges
This book combines classic and recent studies investigating challenges to Emiratization - full employment of Emirati nationals who make up only about 10% of the total workforce - in the United Arab Emirates (UAE). The book offers a comprehensive overview of the events leading to the country's rapid growth and development, as well as important social and cultural issues arising as the country transitioned from an isolated traditional economy to an open globalized one, and explores the specific challenges of incorporating Emiratis in their own vibrant economy. This topic is of interest to scholars, policymakers, and those considering investing or seeking employment in the UAE since it emerged as a Western-friendly, politically stable, and prospering oil-producing country in a region plagued by political, social, and economic turmoil.
Book
The Supreme Court on Unions
Labor unions and courts have rarely been allies. From their earliest efforts to organize, unions have been confronted with hostile judges and antiunion doctrines. In this book, Julius G. Getman argues that while the role of the Supreme Court has become more central in shaping labor law, its opinions betray a profound ignorance of labor relations along with a persisting bias against unions. InThe Supreme Court on Unions, Getman critically examines the decisions of the nation's highest court in those areas that are crucial to unions and the workers they represent: organizing, bargaining, strikes, and dispute resolution.
As he discusses Supreme Court decisions dealing with unions and labor in a variety of different areas, Getman offers an interesting historical perspective to illuminate the ways in which the Court has been an influence in the failures of the labor movement. During more than sixty years that have seen the Supreme Court take a dominant role, both unions and the institution of collective bargaining have been substantially weakened. While it is difficult to measure the extent of the Court's responsibility for the current weak state of organized labor and many other factors have, of course, contributed, it seems clear to Getman that the Supreme Court has played an important role in transforming the law and defeating policies that support the labor movement.
eBook
What Should We Do After Work? Automation and Employment Law
Will advances in robotics, artificial intelligence, and machine learning put vast swaths of the labor force out of work or into fierce competition for the jobs that remain? Or, as in the past, will new jobs absorb workers displaced by automation? These hotly debated questions have profound implications for the fortress of rights and benefits that has been constructed on the foundation of the employment relationship. This Article charts a path for reforming that body of law in the face of justified anxiety and uncertainty about the future impact of automation on jobs. Many of the forces that drive automation — including law-related labor costs — also drive firms' decisions about \"fissuring,\" or replacing employees with outside contractors. Fissuring has already transformed the landscape of work and contributed to weaker labor standards and growing inequality. A sensible response to automation should have in mind this adjacent problem, and vice versa. Unfortunately, the dominant legal responses to fissuring — which aim to extend firms' legal responsibility for the workers whose labor they rely on — do not meet the distinctive challenge of automation, and even modestly exacerbate it. Automation offers the ultimate exit from the costs and risks associated with human labor. As technology becomes an ever-more-capable and costeffective substitute for human workers, it enables firms to circumvent prevailing legal strategies for protecting workers and shoring up the fortress of employment. The question is how to protect workers' rights and entitlements while reducing firms' incentive both to replace employees with contractors and to replace human workers with machines. The answer, I argue, begins with separating the issue of what workers' entitlements should be from the issue of where their economic burdens should fall. Some worker rights and entitlements necessarily entail employer duties and burdens. But for those that do not, we should look for ways to shift their costs off of employer payrolls or to extend the entitlements themselves beyond employment. The existing fortress of employment-based rights and benefits is under assault from fissuring and automation; it is failing to protect those who remain outside its walls and erecting barriers to some who seek to enter. We should dismantle some of its fortifications and construct in its place a broader foundation of economic security for all, including those who cannot or do not make their living through steady employment.
Journal Article
Business leadership and law
This book discusses doing business and making profit on the right side of the law. It explores the role of aligning business and legal strategies, and using the law as a powerful tool in making businesses successful. In this unique book, the author draws on his experience teaching future business leaders at the IIM Ahmedabad for more than a decade. Numerous case studies from across the globe and involving top-notch companies are discussed from both the business leadership and legal perspective, with takeaways included at the end. Intended for senior managers who would prefer to have the law as their friend, philosopher and guide, the book offers analyses of judgments from various courts, but mainly from the Supreme Court of India and the US Supreme Court, and provides judicial finality on several issues commonly faced by business leaders. As such, it serves as a valuable reference guide for senior business managers aspiring to take on top leadership positions.
Book
Firm Size Distortions and the Productivity Distribution: Evidence from France
We show how size-contingent laws can be used to identify the equilibrium and welfare effects of labor regulation. Our framework incorporates such regulations into the Lucas (1978) model and applies it to France where many labor laws start to bind on firms with 50 or more employees. Using population data on firms between 1995 and 2007, we structurally estimate the key parameters of our model to construct counterfactual size, productivity, and welfare distributions. We find that the cost of these regulations is equivalent to that of a 2.3 percent variable tax on labor. In our baseline case with French levels of partial real wage inflexibility, welfare costs of the regulations are 3.4 percent of GDP (falling to 1.3 percent if real wages were perfectly flexible downward). The main losers from the regulation are workers—and to a lesser extent, large firms—and the main winners are small firms.
Journal Article
Lifetime disadvantage, discrimination, and the gendered workforce
\"Lifetime Disadvantage, Discrimination and the Gendered Workforce fills a gap in the literature on discrimination and disadvantage suffered by women at work by focusing on the inadequacies of the current law and the need for a new holistic approach. Each stage of the working life cycle for women is examined with a critical consideration of how the law attempts to address the problems that inhibit women's labour force participation. By using their model of lifetime disadvantage, the authors show how the law adopts an incremental and disjointed approach to resolving the challenges, and argue that a more holistic orientation towards eliminating women's discrimination and disadvantage is required before true gender equality can be achieved. Using the concept of resilience from vulnerability theory, the authors advocate a reconfigured workplace that acknowledges yet transcends gender\"-- Provided by publisher.
Book
Constructing Countervailing Power: Law and Organizing in an Era of Political Inequality
This Article proposes an innovative approach to remedying the crisis of political inequality: using law to facilitate organizing by the poor and working class, not only as workers, but also as tenants, debtors, welfare beneficiaries, and others. The piece draws on the social-movements literature, and the successes and failures of labor law, to show how law can supplement the deficient regimes of campaign finance and lobbying reform and enable lower-income groups to build organizations capable of countervailing the political power of the wealthy. As such, the Article offers a new direction forward for the public-law literature on political power and political inequality. It also offers critical lessons for government officials, organizers, and advocates seeking to respond to the inequalities made painfully evident by the COVID-19 pandemic.
Journal Article