Legal scholars and antidiscrimination advocates alike have largely overlooked the risks and possibilities of considering race and sex in organizing work. The business case for diversity gained national prominence with the corporate amicus curiae briefs filed in Grutter v. In the employment context, these Constitutional provisions would limit the right of the state and federal governments to discriminate in their employment practices by treating employees, former employees, or job applicants unequally because of membership in a group such as a race or sex.
It does not prohibit other discriminatory practices in hiring. This Article provides the first extended analysis of the conscious consideration of race and sex in organizing work. Moreover, race- and sex-matching is likely to lead to stratification within workforces as women and minorities become pigeonholed in certain jobs or job functions 34 See, e.
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An employee is protected from discrimination based on age if he or she is over Edelman, Legal Ambiguity and Symbolic Structures:
Attending to relations in employment discrimination law requires therefore that we develop both a better understanding of women and people of color as more than passive victims as well as a better understanding of how behavioral expectations can be discriminatory. This organizational move also poses the risk of entrenching and perpetuating inequality if it is not accompanied by attention to biases in day-to-day decisions and interactions. We would be surprised to see a law school appointments committee comprised entirely of white men, even if most members of the faculty are white men.
One African-American law professor related to me his experience of being assigned to the hiring committee as an associate at a law firm and then being criticized for low billable hours the month the firm sent him out of state to recruit.
Regular monitoring of systemic and local demographics and power imbalances, structural changes that open up opportunities for collaborative work opportunities, and measures that foster egalitarian and peer-support overarching norms and work cultures are all important to achieving meaningful integration in work. The business case for diversity gained national prominence with the corporate amicus curiae briefs filed in Grutter v. She also found that training programs that involved job rotation led to greater success for women and minorities than programs that focused on in-job training.
See Kanter, supra note 39, at — Specifically, I make the following three principal claims: Banaji, Fair Measures: