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This book examines the harm that everyday discrimination can cause and proposes ways in which it can be redressed. Extreme forms of harmful expression, such as incitement to hatred, have been significantly addressed in law. Everyday generalised prejudice, negative stereotypes and gross under-representation of disadvantaged groups in mainstream media are, however, widely perceived as ‘normal’, and their criticism is regularly trivialised. In response, this book draws on critical and feminist theory in order to forge a theoretical analysis of the harm created through everyday discrimination. Arguing that anti-discrimination law can and should be extended as a tool to offer protection against the harm inflicted, the book goes on to consider both its limits, and possibilities, for redressing this discriminatory practice.
This book shows the important links between social conditions and health and begins to describe the processes through which these health inequalities may be generated. It reviews a range of methodologies that could be used by health researchers in this field and proposes innovative future research directions.
Drawing on social psychology to detail three ways in which unconscious assumptions can lead to discrimination, this book demonstrates how these dynamics interact in medical care to produce an invisible, self-fulfilling, and self-perpetuating prophecy of racial disparity.
With the goal of building more inclusive working, learning, and living environments in higher education, this book seeks to reframe understandings of forms of everyday exclusion that affect members of nondominant groups on predominantly white college campuses. The book contextualizes the need for a more robust analysis of persistent patterns of campus inequality by addressing key trends that have reshaped the landscape for diversity, including rapid demographic change, reduced public spending on higher education, and a polarized political climate. Specifically, it offers a critique of contemporary analytical ideas such as micro-aggressions and implicit and unconscious bias and underscores the impact of consequential discriminatory events (or macro-aggressions) and racial and gender-based inequalities (macro-inequities) on members of nondominant groups. The authors draw extensively upon interview studies and qualitative research findings to illustrate the reproduction of social inequality through behavioral and process-based outcomes in the higher education environment. They identify a more powerful systemic framework and conceptual vocabulary that can be used for meaningful change. In addition, the book highlights coping and resistance strategies that have regularly enabled members of nondominant groups to address, deflect, and counteract everyday forms of exclusion. The book offers concrete approaches, concepts, and tools that will enable higher education leaders to identify, address, and counteract persistent structural and behavioral barriers to inclusion. As such, it shares a series of practical recommendations that will assist presidents, provosts, executive officers, boards of trustees, faculty, administrators, diversity officers, human resource leaders, diversity taskforces, and researchers as they seek to implement comprehensive strategies that result in sustained diversity change.
Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer: racist jokes, signs reading “KKK” in his work area, and even questions from coworkers as to whether he had sex with his daughter as slaves supposedly did. He had an unusually strong case, with copious documentation and coworkers’ support, and he settled for $50,000, even winning back his job. But victory came at a high cost. Legal fees cut into Mr. Handley’s winnings, and tensions surrounding the lawsuit poisoned the workplace. A year later, he lost his job due to downsizing by his company. Mr. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. In the decades since the civil rights movement, we’ve made progress, but not nearly as much as it might seem. On the surface, America’s commitment to equal opportunity in the workplace has never been clearer. Virtually every company has antidiscrimination policies in place, and there are laws designed to protect these rights across a range of marginalized groups. But, as Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen compellingly show, this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they’ve lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling “held up” by what they see as frivolous cases. And even when the case is resolved in the plaintiff’s favor, the conditions that gave rise to the lawsuit rarely change. In fact, the contemporary approach to workplace discrimination law perversely comes to reinforce the very hierarchies that antidiscrimination laws were created to redress. Based on rich interviews with plaintiffs, attorneys, and representatives of defendants and an original national dataset on case outcomes, Rights on Trial reveals the fundamental flaws of workplace discrimination law and offers practical recommendations for how we might better respond to persistent patterns of discrimination.
"Mandatory reading for anyone who cares about lesbians and gay men." Patricia A. Cain, Inez Mabie Professor of Law, Santa Clara University Everyday Law for Gays and Lesbians and Those Who Care about Them accessibly explains the myriad ways the law applies to and affects lesbian and gay lives. Written both concretely and clearly, each chapter opens with a vivid story about actual experiences of lesbians and gay men and then uses those experiences as a springboard for discussing the law. Using his personal and expert professional experience, Anthony Infanti makes complicated legal issues approachable, including marriage and its alternatives, bias crimes, the military, education, employment, housing, medical and tax planning, and parenting. Going beyond a mere summary of the law, this book provides both legal and nonlegal strategies for coping with and effecting positive change in the law as it affects the lives of lesbians and gay men. The book also contains an appendix with a list of useful resources for lesbians, gay men, and those who care about them.
Is Australia a 'racist' country? Why do issues of race and culture seem to ignite public debate so readily? Tim Soutphommasane, Australia's Race Discrimination Commissioner, reflects on the national experience of racism and the progress that has been made since the introduction of the Racial Discrimination Act in 1975. As the first federal human rights and discrimination legislation, the Act was a landmark demonstration of Australia's commitment to eliminating racism. Published to coincide with the Act's fortieth anniversary, this book gives a timely and incisive account of the history of racism, the limits of free speech, the dimensions of bigotry and the role of legislation in our society's response to discrimination. With contributions by Maxine Beneba Clarke, Bindi Cole Chocka, Benjamin Law, Alice Pung and Christos Tsiolkas.
An exceptional resource, this comprehensive reader brings together primary and secondary documents related to efforts to redress historical wrongs against African Americans. These varied efforts are often grouped together under the rubric “reparations movement,” and they are united in their goal of “repairing” the injustices that have followed from the long history of slavery and Jim Crow. Yet, as this collection reveals, there is a broad range of opinions as to the form that repair might take. Some advocates of redress call for apologies; others for official acknowledgment of wrongdoing; and still others for more tangible reparations: monetary compensation, government investment in disenfranchised communities, the restitution of lost property and rights, and repatriation. Written by activists and scholars of law, political science, African American studies, philosophy, economics, and history, the twenty-six essays include both previously published articles and pieces written specifically for this volume. Essays theorize the historical and legal bases of claims for redress; examine the history, strengths, and limitations of the reparations movement; and explore its relation to human rights and social justice movements in the United States and abroad. Other essays evaluate the movement’s primary strategies: legislation, litigation, and mobilization. While all of the contributors support the campaign for redress in one way or another, some of them engage with arguments against reparations. Among the fifty-three primary documents included in the volume are federal, state, and municipal acts and resolutions; declarations and statements from organizations including the Black Panther Party and the NAACP; legal briefs and opinions; and findings and directives related to the provision of redress, from the Oklahoma Commission to Study the Tulsa Race Riot of 1921 to the mandate for the Greensboro Truth and Reconciliation Commission. Redress for Historical Injustices in the United States is a thorough assessment of the past, present, and future of the modern reparations movement. Contributors. Richard F. America, Sam Anderson, Martha Biondi, Boris L. Bittker, James Bolner, Roy L. Brooks, Michael K. Brown, Robert S. Browne, Martin Carnoy, Chiquita Collins, J. Angelo Corlett, Elliott Currie, William A. Darity, Jr., Adrienne Davis, Michael C. Dawson, Troy Duster, Dania Frank, Robert Fullinwider, Charles P. Henry, Gerald C. Horne, Robert Johnson, Jr., Robin D. G. Kelley, Jeffrey R. Kerr-Ritchie, Theodore Kornweibel, Jr., David Lyons, Michael T. Martin, Douglas S. Massey , Muntu Matsimela , C. J. Munford, Yusuf Nuruddin, Charles J. Ogletree Jr., Melvin L. Oliver, David B. Oppenheimer, Rovana Popoff, Thomas M. Shapiro, Marjorie M. Shultz, Alan Singer, David Wellman, David R. Williams, Eric K. Yamamoto, Marilyn Yaquinto
This Element explores Critical Race Theory (CRT) and its potential application to the field of public administration. It proposes specific areas within the field where a CRT framework would help to uncover and rectify structural and institutional racism. This is paramount given the high priority that the field places on social equity, the third pillar of public administration. If there is a desire to achieve social equity and justice, systematic, structural racism needs to be addressed and confronted directly. The Black Lives Matter (BLM) movement is one example of the urgency and significance of applying theories from a variety of disciplines to the study of racism in public administration.