This volume contains a collection of original papers by leading legal scholars and social scientists that develop new perspectives on anti-discrimination law, with an emphasis on employment discrimination. The articles were written for a conference held at Stanford Law School in Spring 2003 that was sponsored by the American Bar Foundation and Stanford Law School. The purpose of that conference, this volume, and ongoing work by the Discrimination Research Group based at the American Bar Foundationandthe Centerfor Advanced Studyinthe Behavioral Sciencesistoadvance the social scienti?c understanding of employment discrimination and the operation of employment discrimination law as a social system, and to consider the legal and policy implications of this emerging body of social science. Now is a pivotal moment for an attempt at a deeper understanding of discrimi- tion and law. After three decades of theoretical development and empirical research onemploymentdiscriminationanditstreatmentinlaw, itiscrucialthatlawyers, social scientists, andpolicymakersassesswhatweknowanddonotknowaboutemployment discrimination and its treatment by law. To date, there are several streams of active research that only occasionally engage with each other. Economists and sociologists continue to debate the extent to which women, minorities, and other traditionally disadvantagedgroupsfacediscriminationinlabormarketsandorganizations. Orga- zation scholars and legal scholars have begun to map the effect of anti-discrimination law on organizational structures and processes, and to raise questions about the extent to which the legalization of organizational employment systems represents symbolic or substantive changes in employment practices.
Tabela de Conteúdo
Overview: Socio-Legal Approaches to Anti-Discrimination Law.- Scaling the Pyramid: A Sociolegal Model of Employment Discrimination Litigation.- Law’s Role in Addressing Complex Discrimination.- What We Know about the Problem of the Century: Lessons from Social Science to the Law, and Back.- Debating the Prevalence and Character of Discrimination.- Including Mechanisms in our Models of Ascriptive Inequality.- Understanding the Sources of Ethnic and Racial Wage Gaps and Their Implications for Policy.- Discrimination in Consummated Car Purchases.- Racial Equality Without Equal Employment Opportunity? Lessons from a Labor Market for Professional Athletes.- Employment Discrimination Based on Sexual Orientation: Dimensions of Difference.- Occupational Mobility Among African-Americans: Assimilation or Resegregation.- Changing Boundaries: Historical and Social Development of Anti-Discrimination Law.- Discrimination and Diplomacy: Recovering the Fuller National Stake in 1960s Civil Rights Reform.- Sowing the Dragon’s Teeth: Materialization in Lesbian and Gay Anti-discrimination Rights.- Rights or Quotas? The ADA as a Model for Disability Rights.- Mobilizing Law: Rights Consciousness, Claiming Behaviour, and the Dynamics of Litigation.- The Evolution of Employment Discrimination Law in the 1990s: A Preliminary Empirical Investigation.- Perceiving and Claiming Discrimination.- Mobilizing Employment Rights in the Workplace.- The Intersectionality of Lived Experience and Anti-discrimination Empirical Research.- Law at Work: The Endogenous Construction of Civil Rights.- Discrimination against Caregivers? Gendered Family Responsibilities, Employer Practices, and Work Rewards.- Social Psychology of Bias.- Aversive Racism: Bias without Intention.- Applying Social Research on Stereotyping and Cognitive Bias to Employment Discrimination Litigation: The Case of Allegations of Systematic Gender Bias at Wal-Mart Stores.
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