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Civil Rights and Discrimination Commons™
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- Civil Rights Act of 1964 (1)
- Cognitive ability (1)
- Cognitive bias (1)
- Consciousness -- Research (1)
- Discrimination -- Law & legislation -- United States (1)
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- Discrimination in employment -- Law & legislation -- United States -- Cases (1)
- Employee dismissal (1)
- Employment discrimination (1)
- Employment discrimination harms (1)
- Federal employment discrimination law (1)
- Harm (Ethics) -- Lawsuits & claims (1)
- Labor laws & legislation -- United States -- Cases (1)
- Psychological bias (1)
- Rethinking (1)
- Same-actor inference (1)
- Second generation discrimination (1)
- Social psychology -- Research (1)
- Stereotype threat (1)
- Supervisor behavior (1)
- Title VII (1)
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Civil Rights and Discrimination
The Same-Actor Inference Of Nondiscrimination: Moral Credentialing And The Psychological And Legal Licensing Of Bias, Victor D. Quintanilla, Cheryl R. Kaiser
The Same-Actor Inference Of Nondiscrimination: Moral Credentialing And The Psychological And Legal Licensing Of Bias, Victor D. Quintanilla, Cheryl R. Kaiser
Articles by Maurer Faculty
One of the most egregious examples of the tension between federal employment discrimination law and psychological science is the federal common law doctrine known as the same-actor inference.
When originally elaborated by the Fourth Circuit in Proud v. Stone, the same-actor doctrine applied only when an “employee was hired and fired by the same person within a relatively short time span.” In the two decades since, the doctrine has widened and broadened in scope. It now subsumes many employment contexts well beyond hiring and firing, to scenarios in which the “same person” entails different groups of decision makers, and the …
Rethinking Employment Discrimination Harms, Jessica Roberts
Rethinking Employment Discrimination Harms, Jessica Roberts
Indiana Law Journal
Establishing harm is essential to many legal claims. This Article urges the law to adopt a more expansive notion of the harms of employment discrimination to better reflect the cognitive functions of individuals who face discrimination. While the effect of implicit bias on the mental state of potential discriminators is well-worn territory in antidiscrimination scholarship, little has been written about a sister theory: stereotype threat. More than a decade’s worth of social psychology research indicates that when a person is conscious of her membership in a particular group and the group is the subject of a widely recognized stereotype, that …