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Civil Rights and Discrimination
Implicit Bias; Social Framework Evidence; Employment Discrimination; Civil Rights Act of 1964
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Full-Text Articles in Law
One Path For ‘Post-Racial’ Employment Discrimination Cases—The Implicit Association Test Research As Social Framework Evidence, Tanya K. Hernandez
One Path For ‘Post-Racial’ Employment Discrimination Cases—The Implicit Association Test Research As Social Framework Evidence, Tanya K. Hernandez
Faculty Scholarship
Today’s legal civil rights struggle is in large measure the effort to retain the foundational premise that racial discrimination is still a pervasive and problematic dynamic that law should be engaged in addressing. Within the employment discrimination context the attempt to salvage anti-discrimination law doctrine has been lodged on several fronts. Of particular note has been the effort to incorporate “social framework” evidence. Yet, given the powerful societal conviction in a “post-racial” American narrative of discrimination as an exceptionally rare event caused by aberrant malicious individuals, general social framework evidence alone will be unlikely to assist most plaintiffs present a …