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Playing with Cards: Discrimination Claims and the Charge of Bad Faith

Social Theory & Practice 42.2 (2016):285-303

20 Pages Posted: 2 Sep 2015 Last revised: 2 Apr 2017

David H. Schraub

University of California, Berkeley - School of Law

Date Written: 2016

Abstract

A common response to claims of bias, harassment, or discrimination is to say that these claims are made in bad faith. Claimants are supposedly not motivated by a credible or even sincere belief that unfair or unequal treatment has occurred, but simply seek to illicitly gain public sympathy or private reward. Characterizing discrimination claims as systemically made in bad faith enables them to be screened and dismissed prior to engaging with them on their merits. This retort preserves the dominant groups' self-image as unprejudiced and innocent without having to risk critical analysis of the claim's substance.

Keywords: Racism, Antisemitism, Sexism, Race Card, Discrimination, Equality, Psychology of Prejudice

Suggested Citation

Schraub, David H., Playing with Cards: Discrimination Claims and the Charge of Bad Faith (2016). Social Theory & Practice 42.2 (2016):285-303. Available at SSRN: https://ssrn.com/abstract=2654372

David H. Schraub (Contact Author)

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

215 Boalt Hall
Berkeley, CA 94720-7200
United States

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