Skip to main content

Rights on Trial: How Workplace Discrimination Law Perpetuates Inequality

  • Publication: University of Chicago Press
  • Research area: Access to Justice

6/1/2017, Robert L. Nelson, Laura Beth Nielsen, University of Chicago Press

Cover of Rights on Trial: How Workplace Discrimination Law Perpetuates Inequality

Authors: Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen

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.

Read our press release on the book hereMore information can be found at rightsontrial.com.

Site design by Webitects

© 2017 American Bar Foundation (AmericanBarFoundation.org)
750 North Lake Shore Drive
Chicago, IL 60611-4403
(312) 988-6500
Contact Us
Media Contacts
Any opinions, findings, and conclusions or recommendations expressed in ABF publications are those of the author(s) and do not necessarily reflect the views of the American Bar Foundation or the American Bar Association. The AMERICAN BAR FOUNDATION, ABF and related seal trademarks as used by the American Bar Foundation are owned by the American Bar Association and used under license.