Rethinking the Tripartite Division of American Work Law

Source: Richard Michael Fischl, Berkeley Journal of Employment and Labor Law, Vol. 28 no. 1, 2007

In this article, Professor Fischl argues that the boundaries separating the constituent subjects of American work law—employment discrimination, labor law, and employment law—are becoming increasingly porous. He contends the continued embrace of the conventional subject-matter division reflects and reinforces an increasingly false opposition between the struggle for workplace democracy and the struggle for racial, gender, and other forms of workplace justice.

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