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

2016

Sexism

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Full-Text Articles in Law

Inattentional Blindness: Psychological Barriers Between Legal Mandates And Progress Toward Workplace Gender Equality, Rachel J. Anderson Jan 2016

Inattentional Blindness: Psychological Barriers Between Legal Mandates And Progress Toward Workplace Gender Equality, Rachel J. Anderson

Scholarly Works

This Article uses a law and psychology approach to identify ways to strengthen the administration of justice in the corporate workplace. Essentially, a better understanding of human behavior provides insights that are useful in crafting effective laws and improving the implementation of existing laws. The analysis of perception gaps due to inattentional blindness uncovers an under-theorized factor contributing to an enduring problem. Part I sets out the workforce crisis at the individual, company, national, and international levels and the role of gender inequality in this crisis and the pace of change. Part II discusses perception gaps among demographic groups as …

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Playing With Cards: Discrimination Claims And The Charge Of Bad Faith, David Schraub Dec 2015

Playing With Cards: Discrimination Claims And The Charge Of Bad Faith, David Schraub

David Schraub

A common response to claims of bias, harassment, or discrimination is to say that these claims are made in bad faith. Claimants are supposedly not motivated by a credible or even sincere belief that unfair or unequal treatment has occurred, but simply seek to illicitly gain public sympathy or private reward. Characterizing discrimination claims as systemically made in bad faith enables them to be screened and dismissed prior to engaging with them on their merits. This retort preserves the dominant groups' self-image as unprejudiced and innocent without having to risk critical analysis of the claim's substance.

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