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Full-Text Articles in Law
Organizational Justice And Antidiscrimination, Brad Areheart
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 …
Retaliation: 462 Clark County School District V. Breeden, 532 U.S. 268 (2001), Rebecca White
Retaliation: 462 Clark County School District V. Breeden, 532 U.S. 268 (2001), Rebecca White
Scholarly Works
Clark County School District v. Breeden, to my mind, has always been a sleeper case. A per curiam opinion, it takes up no more than five pages in the US reports, yet when I taught this case to my employment discrimination students, we often would spend a full class period – and sometimes more – on it. Why? Because it presents virtually every issue that can crop up under section 704 of Title VII of the Civil Rights Act of 1964, the statute’s antiretaliation provision.