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Full-Text Articles in Law
Disclosing Discrimination, Stephanie Bornstein
Disclosing Discrimination, Stephanie Bornstein
UF Law Faculty Publications
In the United States, enforcement of laws prohibiting workplace discrimination rests almost entirely on the shoulders of employee victims, who must first file charges with a government agency and then pursue litigation themselves. While the law forbids retaliation against employees who complain, this does little to prevent it, in part because employees are also responsible for initiating any claims of retaliation they experience as a result of their original discrimination claims. The burden on employees to complain—and their justified fear of retaliation if they do so—results in underenforcement of the law and a failure to spot and redress underlying structural …
Workplace Transparency Beyond Disclosure: What's Blocking The View?, Lisa J. Bernt
Workplace Transparency Beyond Disclosure: What's Blocking The View?, Lisa J. Bernt
Marquette Law Review
Recent developments have exacerbated informational asymmetry between
employers and workers. Employers increasingly use “black box” automateddecision
systems, such as machine learning processes where algorithms are
used in recruitment and hiring. They have technological tools that enable
intense monitoring of workers. Contemporary work relationships have
changed, with trends toward remote and scattered worksites. Employees are
more frequently bound by nondisclosure agreements, non-disparagement
provisions, and mandatory arbitration agreements. These developments have
made it more difficult for workers to communicate with each other and to act
collectively.