'It's Not You, It's Me': Assessing an Emerging Relationship between Law and Social Science

Abstract

This essay isolates and assesses an overlooked consideration on an emerging and significant issue in employment discrimination law. The emerging issue: When should employers be held liable for established widespread differential treatment within their organizations? The overlooked consideration: the relationship between law and social science. Although the essay focuses closely on a specific doctrinal issue in employment discrimination law, it also sets broad theoretical groundwork for thinking about the implications of the various relationships that might emerge between law and social science in a variety of legal realms.

Keywords: employment, discrimination, employer, liability, differential treatment, social science, relationship