Rights on Trial: A Ground-Breaking Study on the Legal Reinscription of Hierarchy in the American Workplace through the Employment Discrimination Process

Reviewing: Ellen Berrey, Robert L. Nelson & Laura Beth Nielsen - Rights on Trial: How Workplace Discrimination Laws Perpetuate Inequalit

Dignity and Discrimination: Employment Civil Rights in the Workplace and in Courts

Employment civil rights and the litigation associated with enforcing them are a complex interplay of public and private employers, regulatory agencies, and federal courts. When an employee loses a job or their position in an employing organization, the financial effects are very real. If the employee makes a claim of discriminatory treatment using the employer’s human resources complaint processes or with the EEOC or state equivalent, they often face workplace retaliation and even termination. Using interviews conducted with parties to employment civil rights lawsuits, this article argues that the regime of employment civil rights in the United States can be conceived as perpetuating dignity takings (and occasionally dignity restorations) because (1) the state sanctions/permits/gives deference to management in ways that allow discrimination and loss of earnings and (2) does it in a way that allows and perpetuates dehumanizing infantilization which demonstrates that plaintiffs face dehumanizing stereotyped treatment in the workplace and in courts

LEGAL PROTECTION VERSUS LEGAL CONSCIOUSNESS (The changing Perspective in Law and Society Research)

Considering the important role of historical, cultural, social, and attitudinal aspects in the study of law, there has been a shift from instrumental law to constitutive law. While instrumental law considers law beyond the social and cultural spheres, constitutive law integrally embraces law, politics, ideology, and action. Legal consciousness is an important asset for marginalised people who are at high risk of discriminative treatments in occupational and social life. Not only will they are legally aware of their rights and obligations at works, they will have adequate knowledge of where and how to name, blame, and claim in case mistreatment do occur. Legally proficient will allow them build legal protection which is not adequately provided by the authorized bodies