Employment discrimination, far from being an exceptional event, may
occur quite frequently. It persists as a fact of life, less the product of
evil intention than a residual effect of social history. While the insult to
human dignity may be greater when prejudice is more old-fashioned and
explicit, the economic consequences to the victims of discrimination are the
same. Scholars are integrating this insight into their work at the same time
that the organization of work itself is changing, and with it the
opportunities for discriminating and resisting discrimination. Thus, the work
of ending employment discrimination is changing rather than ending. This
ground-breaking study of the “inner workings” of workplace discrimination
honors the pioneering work of the late David Charny. Drawing on recent
insights in such disciplines as social psychology and neuroscience, fifteen
distinguished legal scholars explore the implications of these and other
findings for various areas of employment policy and activity, including:
• affirmative action;
• sexual harassment
• diversity policy;
• antidiscrimination liability schema;
• “best practices” initiatives;
• the “ecology” of the workplace; and
• employment discrimination litigation
The insightful contributions, often discomforting and even startling, offer
valuable insights and sometimes workable solutions to the deep problems of
stereotyping, bias, prejudice, and discrimination that continue to plague
today’s workplaces . The volume will be welcomed by anyone, academic or
practitioner, committed to checking and halting the corrosive effects of
workplace discrimination on our social fabric.
Contents: Preface. A. The Pervasiveness of Workplace Discrimination.
1. Default Discrimination: Law, Science, and Unintended Discrimination in
the New Workplace; G. Blasi. 2. The Prevention Justification for
Affirmative Action; M. J. Yelnosky. 3. Antidiscrimination Law’s
Effects on Unconscious Bias; C. Jolls. 4. Contemporary Sex
Discrimination: It Is Not All Subtle; M. Selmi. B. The Importance of
Institutional Context. 5. Diversity and Discrimination from a Corporate
Perspective: Grease, Grit, and the Personality Types of Tournament Survivors;
D. C. Langevoort. 6. Race to the Top of the Corporate Ladder: What
Minorities Do When They Get There; D. W. Carbado, M. Gulati. 7.
The Sanitized Workplace; V. Schultz. 8. Working Together Under
Antidiscrimination Law: Paradoxes and Possibilities; C. L. Estlund.
9. Employment Discrimination in a High-Velocity Labor Market: How a
Meritocracy Creates Disparate Labor Market Outcomes Through Demands for Skills
at Hiring, Hiring through Networks, and Rewards to Entrepreneurship; A.
Hyde. 10. From “Separate Is Inherently Unequal” to “Diversity Is
Good for Business”: Consumerism, Competition, and Conscience in the Careers of
Black Corporate Lawyers; D. Wilkins. C. The Role of the Judiciary.
11. The Judiciary’s Role in Addressing.