Some Thoughts About Social Perception and Employment Discrimination Law: A Modest Proposal for Reopening the Judicial Dialogue

23 Pages Posted: 29 May 2012 Last revised: 2 Apr 2015

See all articles by Judith Olans Brown

Judith Olans Brown

Northeastern University - School of Law

Phyllis T. Baumann

affiliation not provided to SSRN

Stephen Subrin

Northeastern University - School of Law

Date Written: 1997

Abstract

Part I examines how and why people engage in stereotyping and prejudiced thinking. It also summarizes the available data on the continued existence of racial discrimination in employment. Part II explains why the due process clause, the right to trial by jury, and elemental notions of fairness obligate judges and juries to listen to known facts about racism and discrimination and how this can be accomplished through jury instructions, judicial notice and expert testimony. Part III demonstrates that neither the language of the most controversial Supreme Court opinions nor the theories of the icons of contemporary conservative thought foreclose our modest proposal.

Suggested Citation

Brown, Judith Olans and Baumann, Phyllis T. and Subrin, Stephen, Some Thoughts About Social Perception and Employment Discrimination Law: A Modest Proposal for Reopening the Judicial Dialogue (1997). Emory Law Journal, Vol. 46, No. 4, pp. 1487-1531, Fall 1997, Northeastern University School of Law Research Paper , Available at SSRN: https://ssrn.com/abstract=2070256

Judith Olans Brown

Northeastern University - School of Law ( email )

416 Huntington Avenue
Boston, MA 02115
United States

Phyllis T. Baumann

affiliation not provided to SSRN ( email )

Stephen Subrin (Contact Author)

Northeastern University - School of Law ( email )

416 Huntington Avenue
Boston, MA 02115
United States

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