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When “Best Practices” Win, Employees Lose: Symbolic Compliance And Judicial Inference In Federal Equal Employment Opportunity Cases, Linda Krieger, Rachel Best, Lauren Edelman
When “Best Practices” Win, Employees Lose: Symbolic Compliance And Judicial Inference In Federal Equal Employment Opportunity Cases, Linda Krieger, Rachel Best, Lauren Edelman
Lauren Edelman
This article provides a new account of employers' advantages over employees in federal employment discrimination cases. We analyze the effects of judicial deference, in which judges use institutionalized employment structures to infer nondiscrimination without scrutinizing those structures in any meaningful way. Using logistic regression to analyze a representative sample of judicial opinions in federal EEO cases during the first thirty-five years after the passage of the 1964 Civil Rights Act, we find that when judges uncritically use the presence of organizational structures to reason about whether discrimination occurred, employers are much more likely to prevail. This pattern is especially pronounced …
Law: The Socio-Legal Perspective, Lauren Edelman, Marc Galanter
Law: The Socio-Legal Perspective, Lauren Edelman, Marc Galanter
Lauren Edelman
No abstract provided.