Rights on Trial: How Workplace Discrimination Law Perpetuates Inequality

by Ellen Berrey, Robert L. Nelson, Laura Beth Nielsen

Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his racist jokes, signs reading “KKK” in his work area, and even questions from coworkers as to whether he had sex with his daughter as slaves supposedly did. He had an unusually strong case, with copious documentation and coworkers’ support, and he settled for $50,000, even winning back his job. But victory came at a high cost. Legal fees cut into Mr. Handley’s winnings, and tensions surrounding the lawsuit poisoned the workplace. A year later, he lost his job due to downsizing by his company. Mr. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. In the decades since the civil rights movement, we’ve made progress, but not nearly as much as it might seem.On the surface, America’s commitment to equal opportunity in the workplace has never been clearer. Virtually every company has antidiscrimination policies in place, and there are laws designed to protect these rights across a range of marginalized groups. But, as Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen compellingly show, this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they’ve lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling “held up” by what they see as frivolous cases. And even when the case is resolved in the plaintiff’s favor, the conditions that gave rise to the lawsuit rarely change. In fact, the contemporary approach to workplace discrimination law perversely comes to reinforce the very hierarchies that antidiscrimination laws were created to redress.Based on rich interviews with plaintiffs, attorneys, and representatives of defendants and an original national dataset on case outcomes, Rights on Trial reveals the fundamental flaws of workplace discrimination law and offers practical recommendations for how we might better respond to persistent patterns of discrimination.

Genres: Law, Race

496 pages, Kindle Edition

Published May 31, 2024

Reviews

[Ietrio · Rating 1 out of 5]

The Academic Leeches working hard to transform the World into the Academic Tomb where they do their ”living”. In their world there is no talent, no dedication, no creativity. Only blind obedience to the paper format, and submission to the whims of the higher-ups. And once that is done, the money will come from the sky in an armored car, the same way they are receiving their pay. Never mind somebody has to work nights, or in dangerous environments so they can make a 5 star conference all expenses paid.

[Rebecca · Rating 5 out of 5]

The book analyzes, empirically and through anecdote, the effectiveness of the court system for addressing civil rights violations. It can use technical language, both legal and sociological (the authors are legal sociologists), so lawyers and sociologists will get the most out of it. But, non-lawyers who care about civil rights should read it too. It has important messages for the public about the effectiveness of the laws guaranteeing civil rights in the workplace and dispels many myths about how well suing an employer for discrimination works to enforce rights. Particularly, the book explains that although we have the right to be free from discrimination at work, the rights are expensive to enforce in reality. The expense deters many employees, and those who use our justice system often do not get the outcome that they most want (change in the organization, getting to tell their stories).

Ultimately, the authors conclude that the legal system ends up entrenching discrimination and inequality in the workplace even further.

One of the most effective parts of the book are the stories about the personal costs to these plaintiffs. They are heartbreaking--many lost money, homes, relationships. The cost to be treated equally in the workplace should not be that high.

The authors offer several potential changes to the legal system, which as a lawyer, I appreciated. Many are not specific to civil rights because the problems that appear in these cases are stemming from the issues that already exist in bringing any sort of lawsuit.

I recommend that anyone, lawyer or not, who cares about workers' rights read this book. I also recommend anyone who is skeptical about the justice system, think people sue too much, or think that only "problem" employees sue to use the "excuse factory" to get money read the book. It explains what really happens, and while it might not convince the skeptics that there is a problem, it will bring everyone to the same page while we are arguing.