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After Inclusion

27 Pages Posted: 29 May 2008 Last revised: 5 Jun 2012

Devon W. Carbado

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

Catherine Fisk

University of California, Berkeley - School of Law

G. Mitu Gulati

Duke University School of Law

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Date Written: May 29, 2008


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.

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: or

Devon 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 Fisk (Contact Author)

University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States
(510) 642-2098 (Phone)

Gaurang Gulati

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

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