“This book calls for a renewed, open, and deliberative conversation about employer responsibility and the future of equal employment opportunity law based on a full picture of how discrimination operates in workplaces. Understanding the full picture – and that organizational innocence presents only part of the picture – does not resolve all of the diff cult questions about what the law should look like. But it does alter our perspective. Bringing organizations back in, acknowledging that they play a role in how and to what extent discrimination operates within their walls, shows how important it is for the law to better see organizational sources of discrimination, to identify those organizations that are inciting bias and producing discrimination, and to incentivize organizational change that will actually avoid and reduce it. The book makes several recommendations for how the law might do this. Most importantly, reversing discrimination laundering will require an acknowledgment of the limits of individual discrimination law and of the potential of systemic discrimination law. It will also require an openness to the law as a tool for change, including change of some of our longstanding work cultures, and steady resistance to the idea that organizations cannot effectively structure and manage their workforces in ways that minimize rather than incite discrimination.”

Source: Tristin K. Greene. Discrimination Laundering: The Rise of Organizational Innocence and the Crisis of Equal Opportunity Law. pg. 5-6. 2016.


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