“Employment Discrimination Law and Practice” by Harriet Hardy is a comprehensive guide to understanding and navigating the complexities of employment discrimination laws in the United States. The book serves as both a reference for legal professionals and a practical manual for employers and employees facing discrimination issues. Hardy meticulously lays out various forms of discrimination, legal frameworks, and actionable steps for preventing, addressing, and resolving such issues.

Hardy identifies and elaborates on several primary forms of employment discrimination:
– Race and Color Discrimination: Differential treatment based on race or skin color.
– Gender Discrimination: Including wage disparities and sexual harassment.
– Age Discrimination: Unfair treatment of employees aged 40 and over.
– Disability Discrimination: Discrimination against individuals with physical or mental disabilities.
– National Origin Discrimination: Treating employees unfavorably due to their country of origin, accent, or ethnicity.
– Religious Discrimination: Unfair treatment based on religious beliefs or practices.

Hardy provides an in-depth review of federal laws governing employment discrimination, including:
– Title VII of the Civil Rights Act of 1964: Prohibits discrimination based on race, color, religion, sex, or national origin.
– The Age Discrimination in Employment Act (ADEA): Protects employees aged 40 and above.
– The Americans with Disabilities Act (ADA): Prohibits discrimination against individuals with disabilities and mandates reasonable accommodations.
– The Equal Pay Act (EPA): Addresses wage disparities between men and women.
– The Genetic Information Nondiscrimination Act (GINA): Protects employees from discrimination based on genetic information.

Harriet Hardy highlights important case law that shapes current understanding and enforcement of employment discrimination laws:
– Griggs v. Duke Power Co. (1971): This landmark case established the principle of disparate impact, where practices that disproportionately affect a protected class can be considered discriminatory, even if not intentionally so.
– Meritor Savings Bank v. Vinson (1986): This case recognized hostile work environment claims under Title VII, setting a precedent for sexual harassment cases.
– Toyota Motor Mfg., Kentucky, Inc. v. Williams (2002): This case clarified the definition of disability under the ADA.

Hardy outlines the key responsibilities of employers to prevent and address discrimination:
– Creating an Inclusive Workplace: Encouraging diversity and inclusion through hiring practices and workplace culture.
– Reasonable Accommodations: Providing necessary accommodations for disabled employees and those with religious practices.
– Proactive Management: Managers must be trained to recognize signs of discrimination and take swift, appropriate action.

The book emphasizes employees’ rights to a fair and nondiscriminatory work environment:
– Filing Complaints: Employees have the right to file complaints without fear of retaliation.
– Protection from Retaliation: Laws prohibit retaliation against employees who report discrimination or participate in investigations.
– Reasonable Accommodations: Employees are entitled to reasonable accommodations and should communicate their needs clearly.

Hardy provides a detailed framework for conducting thorough and impartial investigations into discrimination claims:
– Prompt Action: Investigations should be initiated as soon as a complaint is received.
– Confidentiality: Ensure confidentiality to protect both the complainant and the accused.
– Objective Procedures: Adopt objective procedures to ensure a fair investigation.

The book addresses various methods for resolving discrimination disputes, including:
– Internal Resolution: Attempting to resolve disputes internally through mediation or counseling.
– Administrative Agencies: Filing complaints with agencies like the Equal Employment Opportunity Commission (EEOC).
– Litigation: Pursuing legal action if internal resolution and administrative remedies fail.

Hardy emphasizes the importance of preventative measures to mitigate the risk of discrimination:
– Regular Training: Ongoing training on discrimination laws and policies for all employees.
– Clear Policies: Developing and communicating clear anti-discrimination policies.
– Culture of Respect: Fostering a workplace culture of respect and inclusion.

“Employment Discrimination Law and Practice” by Harriet Hardy delivers a thorough exploration of the landscape of employment discrimination law. It serves as a valuable resource for understanding legal protections, employer responsibilities, and employee rights. By providing practical advice and concrete actions, Hardy aids employers and employees in fostering a fair and equitable work environment, while navigating the complexities of legal compliance and dispute resolution.