Employers deny discrimination, assert managerial prerogatives, individualize problems, and denigrate plaintiffs. They offer small monetary awards, isolate disputes from the workplace by refusing to reinstate employees, and require that plaintiffs sign confidentiality agreements with settlements. Courts legitimize these practices, ignoring the asymmetry of power in the workplace and in litigation.
And workplace abuse is too often aimed at those who are off the norm of white, heterosexual, Christian, cisgender male.
Employers, lawyers, and courts fail to challenge — and even reinforce — hierarchies through stereotypes, say the authors of Rights on Trial. Stereotypes fuel discrimination against those who have been negatively stereotyped in favor of those who are positively typed. They’re cultural constructs about social reality used to justify asymmetrical social relations. They influence whether people get jobs, advance, support themselves financially, and achieve...
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