Abstract: Every employment discrimination lawsuit tells at least two stories – stories that are about judgment, discretion, and even bias. One story starts long before litigation, with workplace relationships and decisions. The parties end up in court only after one of the actors, the defendant, decided that the other, the plaintiff, will be fired or not hired, demoted, or not given a raise. Those decisions invariably involve personal judgments – even biases that are explicit or implicit. Once an adverse employment action is challenged in court, however, a new story, with yet another set of decision-makers takes over. Even then, the decisions that judges must make about how to interpret the information presented in court leave room for discretion, judgment, and a new opportunity for bias.
Publication Year: 2012
Publication Date: 2012-04-16
Language: en
Type: book-chapter
Indexed In: ['crossref']
Access and Citation
Cited By Count: 4
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