Book Selections

It is no secret that since the 1980s, American workers have lost power vis-a-vis employers. Along with the well-chronicled steep decline in private sector unionization, American workers alleging employment discrimination have fared increasingly poorly in the courts. In recent years, judgeshave dismissed scores of cases in which workers presented evidence that supervisors referred to them using racial or gender slurs. In one federal district court, judges dismissed more than 80 percent of the race discrimination cases filed over a year. And when juries return verdicts in favor ofemployees, judges often second guess those verdicts, finding ways to nullify the jury's verdict and rule in favor of the employer.Most Americans assume that that an employee alleging workplace discrimination faces the same legal system as other litigants. After all, we do not usually think that legal rules vary depending upon the type of claim brought. As the employment law scholars Sandra A. Sperino and Suja A. Thomas showin Unequal, though, our assumptions are wrong. Over the course of the last half century, employment discrimination claims have come to operate in a fundamentally different legal system than other claims. It is in many respects a parallel universe, one in which the legal system systematically favorsemployers over employees. A host of procedural, evidentiary, and substantive mechanisms serve as barriers for employees, making it extremely difficult for them to access the courts. Moreover, these mechanisms make it fairly easy for judges to dismiss a case prior to trial. Americans are unaware ofhow the system operates partly because they think that race and gender discrimination are in the process of fading away. But such discrimination remains fairly common in the workplace, and workers now have little recourse to fight it legally. By tracing the modern history of employmentdiscrimination, Sperino and Thomas provide an authoritative account of how our legal system evolved into an institution that is inherently biased against workers making rights claims.

Drawing on scores of interviews with black and white tobacco workers in Winston-Salem, North Carolina, Robert Korstad brings to life the forgotten heroes of Local 22 of the Food, Tobacco, Agricultural and Allied Workers of America-CIO. These workers confronted a system of racial capitalism that consigned African Americans to the basest jobs in the industry, perpetuated low wages for all southerners, and shored up white supremacy. Galvanized by the emergence of the CIO, African Americans took the lead in a campaign that saw a strong labor movement and the reenfranchisement of the southern poor as keys to reforming the South--and a reformed South as central to the survival and expansion of the New Deal. In the window of opportunity opened by World War II, they blurred the boundaries between home and work as they linked civil rights and labor rights in a bid for justice at work and in the public sphere. But civil rights unionism foundered in the maelstrom of the Cold War. Its defeat undermined later efforts by civil rights activists to raise issues of economic equality to the moral high ground occupied by the fight against legalized segregation and, Korstad contends, constrains the prospects for justice and democracy today.