Instead, it preserves managerial authority, dominated by white men, and reproduces hierarchies by focusing on individual harm — rather than disrupts hierarchies.
Are civil rights truly rights if we have to pay to get them through the legal system? Does law disrupt social hierarchies or perpetuate them? Authors Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen dig for the answers to these crucial questions in Rights on Trial.
Their finding: employers, agencies, and courts often re-inscribe the very hierarchies discrimination law was designed to attack, making discrimination both an intentional and structural problem. Civil rights law doesn’t actually affect social change by correcting discriminatory behavior at work because it upholds the bias through stereotypes that created the discrimination in the first place.
Here’s the reality about use of and access to justice:
Most targets don’t involve the legal system. Only a tiny fraction of targets approach...
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