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Since the passage of the Civil Rights Act, virtually all companies
have antidiscrimination policies in place. Although these policies
represent some progress, women and minorities remain
underrepresented within the workplace as a whole and even more so
when you look at high-level positions. They also tend to be less
well paid. How is it that discrimination remains so prevalent in
the American workplace despite the widespread adoption of policies
designed to prevent it? One reason for the limited success of
antidiscrimination policies, argues Lauren B. Edelman, is that the
law regulating companies is broad and ambiguous, and managers
therefore play a critical role in shaping what it means in daily
practice. Often, what results are policies and procedures that are
largely symbolic and fail to dispel long-standing patterns of
discrimination. Even more troubling, these meanings of the law that
evolve within companies tend to eventually make their way back into
the legal domain, inconspicuously influencing lawyers for both
plaintiffs and defendants and even judges. When courts look to the
presence of antidiscrimination policies and personnel manuals to
infer fair practices and to the presence of diversity training
programs without examining whether these policies are effective in
combating discrimination and achieving racial and gender diversity,
they wind up condoning practices that deviate considerably from the
legal ideals.
Since the passage of the Civil Rights Act, virtually all companies
have antidiscrimination policies in place. Although these policies
represent some progress, women and minorities remain
underrepresented within the workplace as a whole and even more so
when you look at high-level positions. They also tend to be less
well paid. How is it that discrimination remains so prevalent in
the American workplace despite the widespread adoption of policies
designed to prevent it? One reason for the limited success of
antidiscrimination policies, argues Lauren B. Edelman, is that the
law regulating companies is broad and ambiguous, and managers
therefore play a critical role in shaping what it means in daily
practice. Often, what results are policies and procedures that are
largely symbolic and fail to dispel long-standing patterns of
discrimination. Even more troubling, these meanings of the law that
evolve within companies tend to eventually make their way back into
the legal domain, inconspicuously influencing lawyers for both
plaintiffs and defendants and even judges. When courts look to the
presence of antidiscrimination policies and personnel manuals to
infer fair practices and to the presence of diversity training
programs without examining whether these policies are effective in
combating discrimination and achieving racial and gender diversity,
they wind up condoning practices that deviate considerably from the
legal ideals.
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