Courts, Corporations, and Symbolic Civil Rights
Since the passage of the Civil Rights Act, virtually all companies have antidiscrimination policies in place. Although these policies represent some progress, women and minorities remain underrepresented within the workplace as a whole and even more so when you look at high-level positions. They also tend to be less well paid. How is it that discrimination remains so prevalent in the American workplace despite the widespread adoption of policies designed to prevent it?
One reason for the limited success of antidiscrimination policies, argues Lauren B. Edelman, is that the law regulating companies is broad and ambiguous, and managers therefore play a critical role in shaping what it means in daily practice. Often, what results are policies and procedures that are largely symbolic and fail to dispel long-standing patterns of discrimination. Even more troubling, these meanings of the law that evolve within companies tend to eventually make their way back into the legal domain, inconspicuously influencing lawyers for both plaintiffs and defendants and even judges. When courts look to the presence of antidiscrimination policies and personnel manuals to infer fair practices and to the presence of diversity training programs without examining whether these policies are effective in combating discrimination and achieving racial and gender diversity, they wind up condoning practices that deviate considerably from the legal ideals.
PART I. The Interplay of Law and Organizations
CHAPTER 1. Introduction
CHAPTER 2. The Endogeneity of Law
CHAPTER 3. Ambiguous Law and the Erosion of the Progressive Vision in the Courts
PART II. Law in the Workplace
CHAPTER 4. Professional Framing of the Legal Environment
CHAPTER 5. The Diffusion of Symbolic Structures
CHAPTER 6. The Managerialization of Law
PART IV. The Workplace in Law
CHAPTER 7. The Mobilization of Symbolic Structures
CHAPTER 8. Legal Deference to Symbolic Compliance
CHAPTER 9. Symbolic Civil Rights and the Endogeneity of Law