Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Selected Works

Employment Discrimination/Civil Rights

2016

Articles 1 - 1 of 1

Full-Text Articles in Law

Protecting The Compromised Worker: : A Challenge For Employment Discrimination Law, Peter Siegelman Dec 2015

Protecting The Compromised Worker: : A Challenge For Employment Discrimination Law, Peter Siegelman

Peter Siegelman

Why do employment discrimination plaintiffs fare so poorly? Many explanations have been offered, but this essay suggests a new one: a substantial fraction of all plaintiffs are “compromised” workers, meaning that they have done something on the job that might plausibly justify the treatment about which they are complaining. As a matter of both doctrine and logic, compromised plaintiffs can be legitimate victims of discrimination. But they face substantial difficulties in proving that their employer relied on a prohibited characteristic in its treatment of them because, by definition, their behavior offers a plausibly legitimate explanation for their treatment. After demonstrating ...