NYU Selected Essays Labor and Employment Law: Behavioral Analysis of Workplace Discrimination
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.
|Product Line||Kluwer Law International|
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.