Discrimination Laundering: The Rise of Organizational Innocence and the Crisis of Equal Opportunity Law

Description

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. 01.0_pp_i_ii_Discrimination_Laundering 02.0_pp_iii_iii_Discrimination_Laundering 03.0_pp_iv_iv_Copyright_page 04.0_pp_v_vi_Contents 05.0_pp_vii_viii_Acknowledgments 06.0_pp_1_19_Introduction 07.0_pp_20_42_The_Threads_of_Organizational_Innocence 08.0_pp_43_98_Discrimination_Laundering 08.1_pp_45_65_Individual_Discrimination_The_Emerging_Law_of_Complaint_and_Response 08.2_pp_66_84_Systemic_Discrimination_Erasing_the_Aggregate_and_Entrenching_a_Law_of_Complaint_and_Response 08.3_pp_85_98_Class_Culture_and_Limiting_the_Purview_of_Title_VII 09.0_pp_99_142_What_is_Wrong_with_Discrimination_Laundering 09.1_pp_101_115_The_Laundered_Workplace 09.2_pp_116_142_How_Organizations_Discriminate_and_What_They_Can_Do_To_Stop 10.0_pp_143_161_Reversing_Discrimination_Laundering 10.1_pp_145_161_Reversing_Discrimination_Laundering 11.0_pp_162_198_Notes 12.0_pp_199_201_Index