University of Michigan Law School
Civil Rights Litigation Clearinghouse
Title "Second Generation Employment Discrimination: A Structural Approach"
Author Susan Sturm
Author Institution Columbia Law School
Author Role Faculty
External Link http://heinonline.org/HOL/Page?collection=top30&handle=hein.journals/clr101&id=496
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.
Citation 101 Colum. L. Rev. 458 (2001)


This Resource Relates To
case categoryEqual Employment
case Butler v. Home Depot (EE-CA-0277)

back
new search