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University of Tennessee College of Law

2020

Accountability

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Organizational Justice And Antidiscrimination, Brad Areheart Jun 2020

Organizational Justice And Antidiscrimination, Brad Areheart

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Despite eighty years of governmental interventions, the legal system has proven ill-equipped to address workplace discrimination. Potential plaintiffs are reluctant to file discrimination claims for a host of social and economic reasons, and the relatively few who do file face steep structural barriers. This Article argues that the most promising way to curb workplace discrimination is not through amending statutes or trying to change the behavior of individual bad actors; instead, we must modify the workplace itself. Specifically, this Article argues that Organizational Justice — a theory empirically grounded in behavioral science — provides novel guidance for how to proactively …