Typically, workplace discrimination is approached from the perspective of a particular dimension (e.g., race or gender). This offers insight but also obscures important communality among different types of discrimination. We propose a construct of generalized workplace discrimination that...

The first claim in the Article is that the norm against marketplace discrimination encompasses two distinct norms. The first (prohibiting "simple discrimination") provides plaintiffs the uncircumscribed right to prohibit defendants from treating them any worse than they treat others who provide...

Discrimination is a pervasive aspect of modern society and human relations. Statistical discrimination theory suggests that profit-maximizing employers should use all the information about job candidates, including information about group membership (e.g., race or gender), to make accurate...

Joseph Fishkin’s new book, Bottlenecks, reinvigorates the concept of equal opportunity by simultaneously engaging with its complications and attempting to simplify its ambitions. Fishkin describes bottlenecks as narrow spaces in the opportunity structure through which people must pass if they...

Purpose – Research has shown that employers often disfavor racial minorities - particularly African Americans - even when whites and minorities present comparable resumes when applying for jobs. Extant studies have been hard pressed to distinguish between taste-based discrimination where...

Employment discrimination is a multidimensional problem. In many instances, some combination of employer bias, the organization of work, and employees' responses to these conditions, leads to worker inequality. Title VII does not sufficiently account for these dynamics in two significant...

Despite gains in female representation in early career stages, large gender gaps persist atthe higher ends of the income distribution. This paper uses an experiment to study whetheraffirmative action, which has been used mainly in early career stages, could have a hiddencost. Specifically, by...

This essay provides an overview of the central theoretical law and economics insights and empirical findings concerning antidiscrimination law across a variety of contexts including discrimination in labor markets, housing markets, consumer purchases, and policing. The different models of...

Anti-discrimination laws that discriminate? It sounds crazy. Yet, the different remedial models of our federal employment discrimination laws can (and often do) yield discriminatory damages.Title VII of the Civil Rights Act of 1964, as amended, and the Americans With Disabilities Act of 1990...

There has been much discussion about gender discrimination in the workplace. Women comprise X% of the population but only hold X-Y% of certain positions, therefore there is a need to hire more women in that job category. Women earn less than men; therefore we need to increase women’s salaries....