Document Type
Article
Publication Date
2001
Abstract
The judiciary's traditional rule-based approach has been successful in reducing overt discrimination against women and people of color. It has been less effective in addressing more subtle and complex forms of workplace inequity. These second generation forms of bias result from patterns of interaction, informal norms, networking, mentoring, and evaluation. Drawing on the potential of recent Supreme Court decisions, Professor Sturm proposes a structural regulatory solution to this problem of second generation employment discrimination. Her approach links the efforts of courts, workplaces, employees, lawyers, and mediating organizations to construct a regime that encourages employers to engage in effective problem solving. This approach enables employers to combine legal compliance with proactive efforts to improve their firms. This Article details three case studies that reveal some of the building blocks of a successful structural approach.
Disciplines
Civil Rights and Discrimination | Labor and Employment Law | Law
Recommended Citation
Susan Sturm,
Second Generation Employment Discrimination: A Structural Approach,
101
Colum. L. Rev.
458
(2001).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/217