University at Buffalo sociologist Ellen Berrey, Ph.D., and two scholars from Northwestern University, say the excessive emphasis in U.S. law on overt acts of employment discrimination ignores the unintentional bias that permeates workplaces and the organizational practices responsible for much discrimination.
Berrey and her co-authors Robert L. Nelson, Ph.D., and Laura Beth Nielson, Ph.D., both affiliated with the American Bar Foundation and Northwestern University, say the law conceives of employment discrimination too narrowly, thus enabling discriminatory organizational processes to continue.
They make their case in "Divergent Paths: Conflicting Conceptions of Employment Discrimination in Law and the Social Sciences," an article to be published in December in Annual Review of Law and Social Science, a prominent journal in law and social science. Read the full article