Divergent Paths
Conflicting Conceptions of Employment Discrimination in Law and the Social Sciences
Bibliographic Data
| ID | 12795239 |
|---|---|
| Authors | Robert L Nelson (American Bar Foundation, corresponding author), Ellen Berrey (American Bar Foundation), Laura Beth Nielsen (0000-0003-4802-4223, American Bar Foundation) |
| Year | 2008 |
| Volume | 4 |
| Issue | 1 |
| Pages | 103-122 |
| Publication date | 2008-08-14 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Annual Review of Law and Social Science (BOOK_SERIES) |
| Journal identifiers | ISSN: 1550-3585 • E-ISSN: 1550-3631 |
| Publisher | Annual Reviews (PUBLISHER • US) |
| DOI | 10.1146/annurev.lawsocsci.1.041604.115934 |
| OpenAlex | W2096292949 |
| Language | EN |
| Citations received | 12 |
| References cited | 113 |
Legal conceptions of employment discrimination have become increasingly narrow over the past two decades as the law has adopted a “perpetrator” model of discrimination that emphasizes purposeful intent. This tendency runs counter to social scientific research that documents the pervasiveness of unintentional bias and the persistence of organizational processes that generate workplace discrimination. This narrow legal conception, coupled with a system of employment discrimination litigation that emphasizes individual claims and individual remedies, fails to support the organizational approaches that are most promising for redressing workplace discrimination. We review the literature on employment discrimination law, discrimination litigation, continuing patterns of racial and gender inequality, the organizational bases of discrimination, and the impact of equal employment law on organizations. We conclude by discussing the reasons for and implications of this divergence between law and social science
Divergence (linguistics · Employment discrimination · Inequality · Labour law · Law and economics · Political science · Racism · Sociology · Business Law and Ethics · Discrimination and Equality Law · Gender Diversity and Inequality · Law
Discrimination and the Law
Mental health impacts of racial discrimination in Australian culturally and linguistically diverse communities
Getting Schooled
The Signaling Effect of Pro se Status
Using empirical research to advance workplace equality law scholarship
The Role of Social Science Expertise in Same-Sex Marriage Litigation
Dequantifying diversity
Expertise and Non-binary Bodies
Order in the Court
Race, gender, and place
Mandating Change
Racial Discrimination, Interpretation, and Legal Adjudication
Discrimination, jobs, and politics
Rights at work
Internal labor markets and manpower analysis
Job Queues, Gender Queues
Comparable worth
Racialized politics
The civil rights society
Freedom is not enough
Occupational Ghettos
Legalizing Gender Inequality
Marked
Sex Discrimination in Restaurant Hiring
Orchestrating Impartiality
Institutional Racism
Sex Effects on Evaluation
Racial attitudes in America
Handbook of Organizations (RLE
Whitewashing Race
Stop Complaining! The Social Costs of Making Attributions to Discrimination
Feminists Theorize the Political
What We Know Now About Bias and Intergroup Conflict, the Problem of the Century
Should subjective employment devices be scrutinized? It's elementary, my dear Ms. Watson
In the Supreme Court of the United States
The Disability Pendulum
Enforcement of Civil Rights Law in Private Workplaces
Minimizing Workplace Gender and Racial Bias
The Realities of Affirmative Action in Employment
The alchemy of race and rights
The Content of Our Categories
The Id, the Ego, and Equal Protection
The Changing Nature of Employment Discrimination Litigation
Supervisors as Gatekeepers
Women, Work and Wages
The Civil Rights Society
Gender Differences in Comparisons and Entitlement
Sex‐Ratios, Sex‐Role Spillover, and Sexual Harassment of Women at Work
The Origins of Affirmative Action
Discrimination and Desegregation
Accountability and the Perseverance of First Impressions
Gender Stereotypes, Same-Gender Preferences, and Organizational Variation in the Hiring of Women
The Two Faces of Governance
The Institutional Environment
Is It A Bad Idea to Study Good Judgment
Does Politics Make a Difference at the EEOC
Second Generation Employment Discrimination
System Justification Theory and Research
Categorical Imperatives
And Then There were More? The Effect of Organizational Sex Composition on the Hiring and Promotion of Managers
For What It's Worth
Including Mechanisms in Our Models of Ascriptive Inequality
Bringing the Firms Back in
Documenting Desegregation
Joan McKay versus John McKay
Male Flight from Computer Work
Best Practices or Best Guesses? Assessing the Efficacy of Corporate Affirmative Action and Diversity Policies
Sources of Racial Wage Inequality in metropolitan labor markets
Why Not Ascription? Organizations' Employment of Male and Female Managers
The Rule of Law and the Litigation Process
Settling for Less? Organizational Determinants of Discrimination-Charge Outcomes
When the "Haves" Hold Court
Why the "Haves" Come Out Ahead
Internal Dispute Resolution
New Approaches to Economic and Social Analyses of Discrimination
The Bureaucratic Labor Market
Brown-Collar Jobs
Black/Immigrant Competition Re-Assessed
Hiring Strategies, Racial Bias, and Inner-City Workers
Craftworkers and Clerks
Bringing Gender and Race In
Hierarchies, Jobs, Bodies
Bringing the Men Back In
Disparate Impact and the Quota Debates
"Reverse Discrimination" Cases in the Federal Courts
Producing Change or Bagging Opportunity? The Effects of Discrimination Litigation on Women in Supermarket Management
Diversity Rhetoric and the Managerialization of Law
Offering a Job
The Legalization of the Workplace
Equal Opportunity Law and the Construction of Internal Labor Markets
Legal Ambiguity and Symbolic Structures
Targets of Opportunity
Legal Mobilization as a Social Movement Tactic
Legal Environments and Organizational Governance
Markets in Hierarchies
She Works Hard for the Money
Men and Women at Work
Neutralizing Sexism in Mixed-Sex Groups
Social Capital at Work
The Endogeneity of Legal Regulation
The Strength of a Weak State
| Unique citing works | 12 |
|---|---|
| Citations per year | 1,09 |
| Citation span | 2015 - 2025 (11) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 12 |