Abstract

http://ssrn.com/abstract=1138795
 
 

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After Inclusion


Devon W. Carbado


University of California, Los Angeles (UCLA) - School of Law

Catherine Fisk


University of California, Irvine School of Law

G. Mitu Gulati


Duke University - School of Law

May 29, 2008

Duke Law School Public Law & Legal Theory Paper No. 210
UC Irvine School of Law Research Paper No. 2008-4

Abstract:     
What forms of discrimination are likely to be salient in the coming decade? This Essay flags a cluster of problems that roughly fall under the rubric of inclusive exclusions or discrimination by inclusion. Much contemporary discrimination theory and empirical work is concerned not simply with mapping the forces that keep people out of the labor market but also with identifying the forces that push them into hierarchical structures within workplaces and labor markets. Underwriting this effort is the notion that, while determining precisely what happens before and during the moment in which a prospective employee is excluded from an employment opportunity remains crucial to anti-discrimination theory and practice, significant employment discrimination problems can occur after a person is hired and becomes an employee. These problems transcend racial and sexual harassment and include a range of subtle institutional practices and micro interpersonal dynamics that create systemic advantages for some employees and disadvantages for others. We predict that the next generation of race discrimination scholarship will engage these "after inclusion" workplace difficulties theoretically, empirically and doctrinally.

Number of Pages in PDF File: 27

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Date posted: May 29, 2008 ; Last revised: June 5, 2012

Suggested Citation

Carbado, Devon W. and Fisk, Catherine and Gulati, G. Mitu, After Inclusion (May 29, 2008). Duke Law School Public Law & Legal Theory Paper No. 210; UC Irvine School of Law Research Paper No. 2008-4. Available at SSRN: http://ssrn.com/abstract=1138795 or http://dx.doi.org/10.2139/ssrn.1138795

Contact Information

Devon W. Carbado
University of California, Los Angeles (UCLA) - School of Law ( email )
385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States
310-825-3365 (Phone)
310-825-6023 (Fax)
Catherine L. Fisk (Contact Author)
University of California, Irvine School of Law ( email )
4800 Berkeley Place
Irvine, CA 92697-1000
United States
949-824-3349 (Phone)
Gaurang Mitu Gulati
Duke University - School of Law ( email )
Box 90360
Duke School of Law
Durham, NC 27708
United States
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