Research Guides

Employment Discrimination - Research Guide

by Cheryl Gritton, Des Moines Branch Librarian


Introduction / Statutes / Cases / Regulations, Manuals / Agencies

Treatises, Digests / Law Reviews / Blogs and News / Related Sites and Resources



Introduction

 

Employment discrimination laws exist to prevent discrimination based on race, sex, religion, national origin, physical disability and age by employers. Discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, and various types of harassment. The main body of employment discrimination laws is composed of federal and state statutes. The United States Constitution and some state constitutions provide additional protection when the employer is a governmental body and has taken significant steps to foster discriminatory practices. The Fifth and Fourteenth Amendments to the U.S. Constitution limit the power of the federal and state governments to discriminate under due process and equal protection clauses.



Federal Statutes

 

            UNITED STATES CODE, KF 61 .A2 Available in all 8th Circuit libraries

 

UNITED STATES CODE ANNOTATED, KF 62.5 .W45 Available in all 8th Circuit libraries. Available on WESTLAW at USCA

 

UNITED STATES CODE SERVICE, KF 62 .L38 Available in all 8th Circuit libraries except Cedar Rapids and Des Moines. Available on LEXIS at GENFED,USCS


            Nineteenth Century Civil Rights Acts

            42 USC 1981 H. Rep, GPO

            42 USC 1981a H. Rep, GPO

            42 USC 1983 H Rep., GPO

            42 USC 1988 H Rep, GPO


            Civil Rights Act of 1964

            42 USC 2000e, et seq H. Rep, GPO


            Equal Pay Act of 1963

            29 USC 206 H. Rep GPO


            Americans with Disabilities Act of 1990

            42 USC Ch 126 H. Rep GPO


            Age Discrimination in Employment Act

            29 USC 621-634 H. Rep GPO


            Black Lung Act

            30 USC 938 H. Rep. GPO


            Rehabilitation Act

            29 USC 791 H. Rep GPO

            29 USC 793 H.Rep GPO

            29 USC 794a H. Rep GPO


State Statutes


            Arkansas Code Section 16-123-107

            Iowa Code 216.6

            Minnesota Statutes 363A.08

            Missouri Revised Statutes 213.055

            Revised Statutes of Nebraska 48-1101

            North Dakota Century Code 14-02.4-03

            South Dakota Codified Law 20-13-10



Cases


            WESTLAW


            Federal Labor & Employment Cases FLB-CS

            Multistate Labor & Employment Cases MLB-CS

            Americans with Disabilities Cases AWD-CS

            Equal Employment Opportunity Commission Federal Sector Court Cases EEOC-CS

            Federal Labor Relations Authority Court Cases FLRA-CS

            Wage and Hour Cases WH-CS


            LEXIS


            Labor and Employment Library LABOR

            Federal & State Case Law Combined (MEGA)

            Labor Cases & Agency Materials Combined (CASES)

            Labor Agency Decisions Combined (LABAGN)

            Labor and Employment Cases - Federal (COURTS)



Regulations, Rules, Manuals

 

            CODE OF FEDERAL REGULATIONS, KF 70 .A3 Available in all 8th Circuit libraries.

            29 C.F.R. Ch XIV GPO Westlaw: FLB-CODREG Lexis: LABOR (CFR)

 

EEOC Compliance Manual EEOC Westlaw: FLB-EEOCCM Lexis: LABOR (EEOMAN)

 


Agencies


 

Equal Employment Opportunity Commission EEOC. The EEOC enforces the federal laws prohibiting employment discrimination. It also provides oversight and coordination of all federal equal opportunity regulations, practices and policies. The web site provides facts and guidance on each type of discrimination, access to the laws it enforces, regulations, Compliance Manual, and enforcement Guidances, the decisions of the EEOC.


 

Department of Justice, Civil Rights Division, Employment Litigation Division. This section of the DOJ enforces the provisions of Title VII of the Civil Rights Act of 1964, and other federal laws the prohibit workplace discrimination. The web site gives direction on how to file a complaint, case law in the form of complaints and consent decrees, and links to related sites.

 

 

Department of Justice, Civil Rights Division, ADA Home Page. The primary goal of the Disability Rights Section is to achieve equal opportunity for people with disabilities by implementing the Americans with Disabilities Act (ADA). The ADA Home page provides access to ADA Design Standards, Technical Assistance reports, new and proposed regulations, and publications of the DOJ concerning the ADA.

 

 

National Labor Relations Board NLRB. The NLRB is an independent federal agency created to administer the National Labor Relations Act, the primary law governing relations between unions and private employers. The web site links to NLRB decisions, manuals, advice memos, rules and regulations and publications.



Treatises

 

AGE DISCRIMINATION, Eglit, Howard C., KF 3465 .E382, available in St Louis, Kansas City, Lincoln, Little Rock and Omaha.

 

AMERICANS WITH DISABILITIES ACT HANDBOOK, Perritt, Henry H., Jr, KF 3469 .P47 2003, available in St Louis, Des Moines, Kansas City, Lincoln, Little Rock, Omaha, St Paul. WESTLAW: JW-ADA

 

CIVIL RIGHTS IN THE WORKPLACE, Perritt, Henry H., Jr, KF 3464 .P48 2001, available in Lincoln

 

EMPLOYMENT DISCRIMINATION, Larson, Lex K., KF 3464 .L37 2nd, available in St Louis, Des Moines, Fargo, Kansas City, Lincoln, Little Rock, Minneapolis, Omaha, St Paul. LEXIS: EMPDIS

 

EMPLOYMENT DISCRIMINATION LAW, Modjeska, Abigail Cooley, KF 3464 .M6 3rd, available in St Louis, Cedar Rapids, Little Rock WESTLAW: EMPLL

 

EMPLOYMENT DISCRIMINATION LAW AND PRACTICE, Sullivan, Charles A., KF 3464 .S84 2002, available in St Louis, Fargo, Kansas City, Little Rock

 

FEDERAL EMPLOYMENT JURY INSTRUCTIONS, McNamara, Todd, J., KF 8984 .A65 M36, available in Des Moines, Fargo, St Paul.

 

LITIGATING CIVIL RIGHTS AND EMPLOYMENT DISCRIMINATION CASES, Lewis, Harold S, KF 1325 .C58 L492 , available in Kansas City.

 

MAJOR ISSUES IN THE FEDERAL LAW OF EMPLOYMENT DISCRIMINATION, Rutherglen, George, KF 3464 .R87 2004, available in all locations. WESTLAW: FEDLEMPDIS

 

MANUAL ON EMPLOYMENT DISCRIMINATION LAW AND CIVIL RIGHTS ACTIONS IN THE FEDERAL COURTS, Richey, Charles R., KF 3464 .Z9 R52 2nd, available in St Louis, Fargo, Kansas City, Little Rock, Minneapolis, Omaha, St Paul. WESTLAW: MEDCRA

 

REPRESENTING PLAINTIFFS IN TITLE VII ACTIONS, Spriggs, Kent, KF 3464 .S672, available in Des Moines and Omaha.

 

SEXUAL HARASSMENT IN THE WORKPLACE: LAW AND PRACTICE, Conte, Alba, KF 3467 .C68 2000, available in Des Moines, Fargo, Kansas City, Lincoln, Little Rock. LEXIS: 2NDARY (LJSXDH)



Digests

 

EQUAL EMPLOYMENT LAW UPDATE, BNA, KF 3464 .E69, available in St Louis, Des Moines, Fargo, Kansas City, Lincoln

 

GARLAND’S DIGEST ON EMPLOYMENT DISCRIMINATION LAW, electronic resource



Selected Law Reviews


            WESTLAW: LB-TP

            LEXIS: LABLR


            CILP: Civil Rights and Discrimination


            Berkeley Journal of Employment and Labor Law, Home page, Hein-on-line

 

            Employee Rights and Employment Policy Journal, Home page


            Hofstra Labor and Employment Law Journal, Home page, Hein-on-line


            Labor Lawyer, Hein-on-line


            Monthly Labor Review, Home page, Hein-on-line



Blogs and News

 

Workplace Prof Blog, a web source of resources, news and information of interest to labor law professors. Links to labor law scholarship, policy groups, sources. Current news includes abstracts of forthcoming labor law scholarship, upcoming colloquia and conferences, book reviews

 

Today’s Workplace, Workplace Fairness blog. A source of the latest developments in workplace rights and employment law.

 

In The News, Collected by Workplace Fairness, includes articles on workplace related issues from newspapers and internet sources around the country. Updated daily.

 

Workplace Week , published by Workplace Fairness, a weekly newsletter covering news and commentary on critical issues affecting employees and their advocates.


Employment Law Practice Center, Law.com’s web site devoted to employment law issues. Practice specific news, practice tools, and decisions.

 

American Bar Association, Section of Labor and Employment Law, Section news, labor law news, section events, committees.

 

Employment Law Information Network, A collection of articles written by lawyers at law firms concerning employment law issues. Link to the cases mentioned in the articles, federal and state statutes, daily and weekly newsletters.. Also includes the EL Blog.



Related Sites and Resources

 

Wex Legal Information Institute: Employment Discrimination . Formerly known as LII, Law About...... Provides an overview of employment discrimination law with links to federal statutes, agency regulations and judicial decisions. State statutes and state judicial decisions are also linked.

 

            Jurist: Labor and Employment Law , a web collection of employment law news, books, course outlines, legislation, case law, employment lawyer associations, and the “Best of the Web”.

 

National Employment Law Institute, a non profit educational organization whose activities pertain to employment law compliance, the application of employment law to human resources practices, and practice and procedure before administrative bodies and state and federal courts.

 

National Employee Rights Institute, now known as Workplace Fairness. A non profit organization that promotes workplace fairness. Affiliated with the National Employment Lawyer’s Association.

 

National Employment Lawyer’s Association, advocates for employee rights and workplace fairness while promoting high standards of professionalism, ethics and judicial integrity. Provides assistance and support to lawyers in protecting the rights of employees against the greater resources of their employers and the defense bar.

 

Created January 2006