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While discrimination in the workplace is often perceived to be undertaken at the hands of individual or 'rogue' employees acting against the better interest of their employers, the truth is often the opposite: organizations are inciting discrimination through the work environments that they create. Worse, the law increasingly ignores this reality and exacerbates the problem. In this groundbreaking book, Tristin K. Green describes the process of discrimination laundering, showing how judges are changing the law to protect employers, and why. By bringing organizations back into the discussion of discrimination, with real-world stories and extensive social-science research, Green shows how organizational and legal efforts to minimize discrimination - usually by policing individuals over broader organizational change - are taking us in the wrong direction, and how the law could do better, by creating incentives for organizational efforts that are likely to minimize discrimination, instead of inciting it.
List of contents
1. The threads of organizational innocence; Part I. Discrimination Laundering: 2. Individual discrimination: the emerging law of complaint and response; 3. Systemic discrimination: erasing the aggregate and entrenching a law of complaint and response; 4. Class, culture, and limiting the purview of Title VII; Part II. What's Wrong with Discrimination Laundering: 5. The laundered workplace; 6. How organizations discriminate - and what they can do to stop; Part III. Reversing Discrimination Laundering: 7. Reversing discrimination laundering.
About the author
Tristin K. Green is a Professor of Law at the University of San Francisco and a member of the Law and Society Association. She has written extensively in the field of employment discrimination law, seeking to better understand how discrimination operates and how to better structure the law to incentivize meaningful change. She has co-authored an article with Alexandra Kalev, a sociologist, on the relational nature of discrimination, and co-authored a casebook edition with Herma Hill Kay entitled Sex-Based Discrimination (2011).
Summary
This book explains how discrimination operates, shows how and why recent changes in the law are incentivizing the wrong organizational efforts, and proposes a way forward. The book will appeal to readers interested in race and gender, discrimination and inequality, civil rights, organizational responsibility, and business efforts to manage diversity.
