After Inclusion

27 Pages Posted: 29 May 2008 Last revised: 5 Jun 2012

See all articles by Devon W. Carbado

Devon W. Carbado

University of California, Los Angeles (UCLA) - School of Law

Catherine Fisk

University of California, Berkeley - School of Law

Mitu Gulati

University of Virginia School of Law

Multiple version iconThere are 2 versions of this paper

Date Written: May 29, 2008

Abstract

What forms of discrimination are likely to be salient in the coming decade? This Essay flags a cluster of problems that roughly fall under the rubric of inclusive exclusions or discrimination by inclusion. Much contemporary discrimination theory and empirical work is concerned not simply with mapping the forces that keep people out of the labor market but also with identifying the forces that push them into hierarchical structures within workplaces and labor markets. Underwriting this effort is the notion that, while determining precisely what happens before and during the moment in which a prospective employee is excluded from an employment opportunity remains crucial to anti-discrimination theory and practice, significant employment discrimination problems can occur after a person is hired and becomes an employee. These problems transcend racial and sexual harassment and include a range of subtle institutional practices and micro interpersonal dynamics that create systemic advantages for some employees and disadvantages for others. We predict that the next generation of race discrimination scholarship will engage these "after inclusion" workplace difficulties theoretically, empirically and doctrinally.

Suggested Citation

Carbado, Devon W. and Fisk, Catherine L. and Gulati, Mitu, After Inclusion (May 29, 2008). Duke Law School Public Law & Legal Theory Paper No. 210, UC Irvine School of Law Research Paper No. 2008-4, Available at SSRN: https://ssrn.com/abstract=1138795 or http://dx.doi.org/10.2139/ssrn.1138795

Devon W. Carbado

University of California, Los Angeles (UCLA) - School of Law ( email )

385 Charles E. Young Dr. East
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Los Angeles, CA 90095-1476
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310-825-6023 (Fax)

Catherine L. Fisk (Contact Author)

University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States
(510) 642-2098 (Phone)

Mitu Gulati

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States

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