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Working Law: Courts, Corporations, and Symbolic Civil Rights (Chicago Series in Law and Society)

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Since the passage of the Civil Rights Act, virtually all companies have antidiscrimination policies in place. Even supposing these policies represent some progress, women and minorities remain underrepresented within the place of job as a whole and even more so when you look at high-level positions. They also have a tendency to be less well paid. How is it that discrimination remains so prevalent in the American place of job in spite of the widespread adoption of policies designed to prevent it?

One reason for the limited success of antidiscrimination policies, argues Lauren B. Edelman, is that the law regulating companies is broad and ambiguous, and managers due to this fact play a critical role in shaping what it means in day by day practice. Steadily, what results are policies and procedures that are in large part symbolic and fail to dispel long-standing patterns of discrimination. Even more troubling, these meanings of the law that evolve within companies generally tend to eventually make their way back into the legal domain, inconspicuously influencing lawyers for both plaintiffs and defendants and even judges. When courts look to the presence of antidiscrimination policies and group of workers manuals to infer fair practices and to the presence of diversity training programs without examining whether these policies are effective in combating discrimination and achieving racial and gender diversity, they wind up condoning practices that deviate considerably from the legal ideals.
 

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