The Supreme Court's New Workplace
Procedural Rulings and Substantive Worker Rights in the United States

This book describes how the Supreme Court has used procedural law to undermine the civil rights of minority workers.

Joseph A. Seiner (Author)

9781316502808, Cambridge University Press

Paperback / softback, published 25 July 2017

208 pages, 10 b/w illus. 2 tables
22.8 x 15.2 x 1.3 cm, 0.32 kg

The US Supreme Court has systematically eroded the rights of minority workers through subtle changes in procedural law. This accessible book identifies and describes how the Supreme Court's new procedural requirements create legal obstacles for civil-rights litigants, thereby undermining their substantive rights. Seiner takes the next step of providing a framework that practitioners can use to navigate these murky waters, allowing workers a better chance of prevailing with their claims. Seiner clearly illustrates how to effectively use his framework, applying the proposed model to one emerging sector - the on-demand industry. Many minority workers now face pervasive discrimination in an uncertain legal environment. This book will serve as a roadmap for successful workplace litigation and a valuable resource for civil-rights research. It will also spark a debate among scholars, lawyers, and others in the legal community over the use of procedure to alter substantive worker rights.

1. The Supreme Court, employment discrimination and an overview of civil rights
2. Access to the courts and enforcement
3. Class actions, systemic claims, arbitration
4. Retaliation: the last safe haven for plaintiffs
5. Striking at relief
6. The on-demand economy example
7. The solution.

Subject Areas: Employment & labour law [LNH]