In Pretext in Peril, Professor Martin examines the interplay between procedural and substantive law in disparate treatment cases in which plaintiffs offer circumstantial evidence – evidence of pretext – as opposed to direct evidence to maintain their employment discrimination claims. Pretext constitutes an evidentiary showing that the defendant’s asserted reason for an adverse employment action...

Studies of the effects of employment protection frequently examine protective legislation as a whole. From a policy reform perspective, however, it is often critical to know which particular aspect of the legislation is responsible for its observed effects. The American with Disabilities Act (ADA), a 1990 federal law covering over 40 million Americans, is a clear case in point. Several empirica...

Using data from a most recent national household survey in China, we provide new evidence for the associations between body mass index (BMI) and labor market attainments. In contrast to previous studies, we find a significant non-linear relationship between BMI and probability of employment / wages, especially for women. Several potential channels are discussed carefully, including health, occu...

The attitudes of the general British population towards Muslims changed post 2001, and this change led to a significant increase in Anti-Muslim discrimination. We use this exogenous attitude change to estimate the causal impact of increased discrimination on a range of objective and subjective health outcomes. The difference-in-differences estimates indicate that discrimination worsens blood pr...

We explore the effects of disability discrimination laws on hiring of older workers. A concern with antidiscrimination laws is that they may reduce hiring by raising the cost of terminations and-in the specific case of disability discrimination laws-raising the cost of employment because of the need to accommodate disabled workers. Moreover, disability discrimination laws can affect nondisabled...

Legislation prohibiting age discrimination in the United States dates back to the 1960s, when along with the Equal Pay Act and the Civil Rights Act barring discrimination against women and minorities, Congress passed the 1967 Age Discrimination in Employment Act. Questions regarding the rationale for and effectiveness of age discrimination legislation are likely to become increasingly important...

Background Increasingly, healthcare and non-healthcare employers prohibit or penalize the use of tobacco products among current and new employees in the United States. Despite this trend, and for a range of different reasons, around half of states currently legally protect employees from being denied positions, or having employment contracts terminated, due to tobacco use.   Methods We undertoo...

BACKGROUND Stigma and discrimination present an important barrier to finding and keeping work for individuals with a mental health problem. This paper reviews evidence on: 1) employment-related disclosure beliefs and behaviours of people with a mental health problem; 2) factors associated with the disclosure of a mental health problem in the employment setting; 3) whether employers are less lik...

The primary purpose of the ADA is the full inclusion of persons with disabilities within their communities. The ADA prohibits discrimination on the basis of disability in the areas of employment, transportation, public accommodations, telecommunications, and state and local government agencies. The person described in this report encountered some of this discrimination. He successfully obtained...