ALR Student’s Corner: Larson on Employment Discrimination – An Up-to-Date Employment Law Attorney’s Resource


employmentdiscrimination

Introduction

People use treatises every day to learn more about a subject, find information about a specific topic, or even to become an expert in a field of study or an area of law.  A legal treatise, in particular, is a scholarly legal publication containing information related to a particular area of law. A couple of the more popular treatises that attorneys and law students are familiar with are Corbin on Contracts and Prosser on Torts (now known as Prosser and Keeton on Torts). Treatises can be hardbound or loose-leaf, but generally the larger, more popular treatises are loose-leaf so that updates can be made by the editor as they become available.

About Larson on Employment Discrimination

I chose to review Larson on Employment Discrimination (Second Edition) because Employment Law has always fascinated me. The treatise is authored by Lex K. Larson, the President of Employment Law Research, Inc., and is published by Matthew Bender, a LexisNexis company. It was last updated on November 9, 2013, and can be found in the CSL Library by using the call number, KF3464.L37, or by searching with the keywords “Employment Larson” in the Library’s catalog.

Larson on Employment Discrimination is an eleven volume loose-leaf treatise that includes in-depth analysis of relevant cases, statutes, and regulations covering employment discrimination based on a person’s race, gender, religion, national origin, age, disability, and union membership.  It provides complete coverage of key substantive and procedural issues that arise under Title VII, as well as other federal and state laws governing fair employment practices.  It also has chapters on employment-at-will, sex differentiation versus discrimination, occupational qualification exceptions, pre-employment recruiting practices, seniority, layoffs, equal pay and benefits, and other topics.

One of the great things about loose-leaf treatises is that they can be easily updated with new developments in the law without having to republish an entirely new book. This is particularly important in Employment Discrimination Law because the field is extremely active with a constant flow of decisional law changing the legal landscape. New publications, however, do occur.  For instance, in 1999, an entirely new edition of Larson on Employment Discrimination was necessary to reflect the drastic increase in case law since the mid 1970’s and major new legislation, including the Civil Rights Act of 1991 and the Americans with Disabilities Act of 1990.

Special Features in “Larson on Employment Discrimination”

The new edition of Larson on Employment Discrimination is organized primarily, but not entirely, by major statutes. Certain selected topics, however, such as sexual harassment, are given unified topical treatment. The treatise also includes a Digest of Cases in each volume and a Table of Cases in a separate binder. The Digest of Cases is updated with new cases related to topics discussed in the text. The cases in each volume are listed according to chapter, section, footnote number, and corresponding propositions of law.  In addition, the treatise includes Practice Forms in Part 66 of Volume 10. Lex Larson and Jonathan Harkavy specifically selected forms from actual dockets that relate to EEOC claims, Settlements, Complaints and Answers, Discovery, Summary Disposition, Pre-Trial and Trial Pleadings, Proposed Findings and Jury Instructions, and Post-Trial Submissions. The intention of the forms is to be a useful tool for practitioners who are confronted with discrimination litigation regardless of which side of the courtroom they are on.

For more contemporary trends in discrimination, the treatise includes sections on sexual orientation and trans-sexuality  as well as sections on AIDS discrimination, political discrimination, and genetic discrimination. These sections can be found in Chapters 168-172 of Volume 10.

Conclusion

Overall, Larson on Employment Discrimination is a good resource for any attorney practicing in employment law or specializing in employment discrimination. It lays out the key concepts in a logical and easy to use format, and includes relevant cases, statutes, regulations, and forms that are critical when confronting employment discrimination litigation. In addition, it is updated three times per year with the new laws and trends in employment discrimination so the reader can rest assured that she is getting the most up-to-date information.

Citations

Lex K. Larson, Larson on Employment Discrimination (LexisNexis, 2nd ed. 1999).

Larson on Employment Discrimination can also be found on LexisNexis by clicking “Browse a Source” on the main landing page, and then populating the search box with the treatise’s title.

~ Cassie Cooper, Class of 2013~

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