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How The New Economics Can Improve Employment Discrimination Law, And How Economics Can Survive The Demise Of The "Rational Actor", Scott A. Moss, Peter H. Huang
How The New Economics Can Improve Employment Discrimination Law, And How Economics Can Survive The Demise Of The "Rational Actor", Scott A. Moss, Peter H. Huang
William & Mary Law Review
Much employment discrimination law is premised on a purely money-focused "reasonable" employee, the sort who can be made whole with damages equal to lost wages, and who does not hesitate to challenge workplace discrimination. This type of "rational" actor populated older economic models but has been since modified by behavioral economics and research on happiness. Behavioral and traditional economists alike have analyzed broad employment policies, such as the wisdom of discrimination statutes, but the devil is in the details of employment law. On the critical damages-and liability issues the Supreme Court and litigators face regularly, the law essentially ignores the …
Diversity And Discrimination: A Look At Complex Bias, Minna J. Kotkin
Diversity And Discrimination: A Look At Complex Bias, Minna J. Kotkin
William & Mary Law Review
Multiple claims have become a fixture of employment discrimination litigation. It is common, if not ubiquitous, for court opinions to begin with a version of the following litany: 'Plaintiff brings this action under Title VII and the ADEA for race, age, and gender discrimination. "Equal Employment Opportunity Commission (EEOC) statistics show exponential growth in multiple claims in part because its intake procedures lead claimants to describe their multiple identities, at a time when they have little basis upon which to parse a specific category of bias. But increased diversity in workplace demographics suggests that frequently, disparate treatment may in fact …