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9 - “Bad People Don’t Do Good Things, but Good People Frequently Say Bad Things” (and Employment Discrimination Plaintiffs Can’t Be Fully Trusted)

Published online by Cambridge University Press:  02 March 2022

Kerri Lynn Stone
Affiliation:
Florida International University
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Summary

The law and the judicial system are a mystery to many who rely somewhat on the knowledge that legal protections exist, but don’t necessarily follow cases or truly understand how, exactly, the law works. As a result, there are widely held misconceptions about the law’s content, interpretation, and capacity, especially in the area of employment discrimination law. As misplaced reliance on nonexistent protections becomes complacence, people stop questioning inequality. The fact of the matter is that while many believe that Title VII affords blanket protection against sex- and other types of discrimination, the law and the legal system fail sex discrimination plaintiffs regularly due to the vague dictates of Title VII itself, coupled with faulty judge-made doctrines, which were intended to serve as adjudicatory devices and streamline interpretation.

Type
Chapter
Information
Panes of the Glass Ceiling
The Unspoken Beliefs Behind the Law's Failure to Help Women Achieve Professional Parity
, pp. 213 - 237
Publisher: Cambridge University Press
Print publication year: 2022

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