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SOC100 (361)

Inequalities in Equal Employment Opportunity Litigation

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University of Alberta
Alison Dunwoody

Inequalities in Equal Employment Opportunity Litigation Laws that maintain inequalities - racial segregation - disparities in policing and incarceration Laws that challenge inequalities - prevent inequalities - redistribute tax codes - taking money from wealthier people for the poor - labor market regulations - union; protecting power, place in society Equal Employment Opportunity Laws (EEO) Major attempt to prevent employment discrimination - protected categories: race, sex, age, etc. -- employers are allowed to discriminate on how much they like you, how you connect with them, smile.. ▯ -Downside: choosing limited set of categories, - individuals file claims, lawsuits --if you suspect discrimination, you can file a lawsuit; use courts to fix situation - sometimes must prove intent -- individuals must prove intent of employer Ie: use test to screen employers; often unintentional discrimination ▯ -Downside: might be hidden intent on discrimination Issues with EEO: -inequality within courts, investing effort (some may not have the time), depending on individual to file proper claim, some discrimination may go unexamined Potential Shortcomings Inequalities in legal system - powerful people more likely to mobilize rights - employersʼ advantage in court - lack of information - discrimination in the courtroom Mismatches between legal definitions and reality of discrimination - missing important categories - unfair treatment doesn't only target categories - misses unintentional, market-based, and structural inequalities - conflicted treatment of intersectional claims - discrimination against only females or only one certain race.. Intersectional Discrimination Categories intersect to produce unique forms of discrimination For example, an employer might: - refuse to hire black women b/c he stereotypes them as desperate single mothers - refuse to hire black men b/c he stereotypes them as likely to resist authority Mixed Treat
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