“Employment discrimination law is at a crossroads. A wealth of interdisciplinary research suggests that the problem for the future of workplace equality is subtle and ‘structural’ rather than overt and individual. Race, sex, and other protected group characteristics will continue to factor into employment decisions, but the decisions are more likely to be driven by unconscious biases and stereotypes operating within a facilitating organizational context than by conscious animus operating in isolation. Recognizing that Title VII of the Civil Rights Act of 1964, the mainstay of legal prohibition on discrimination in employment, falls short of addressing the problem, legal scholars have begun to formulate a new paradigm of regulation that would impose an obligation on employers—through legal rights or otherwise—to take structural measures to minimize discriminatory bias in workplace decisionmaking. This ‘structural approach’ aims to minimize discriminatory decisionmaking at the individual level and to reduce unequal treatment in the workplace by pushing change at the organizational level in work environments and decisionmaking systems.”
Green said this eight years ago! Now employment discrimination law is on its deathbed, especially when the plaintiff is African American, due to the large number of ideologically conservative, white [male] federal judges that preside over these types of cases!!
Source Tristin K. Green. A Structural Approach as Antidiscrimination Mandate: Locating Employer Wrong. Vanderbilt Law Review. Pg. 850. 2007.
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