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Cited by 435Discrimination and Equality LawLabor Law and Work DynamicsGender Diversity and Inequality

Second generation employment discrimination: a structural approach

Sturm, Susan·2001·Columbia Law Review
DOI 10.2307/1123737
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Abstract

The judiciary's traditional rule-based approach has been successful in reducing overt discrimination against women and people of color. It has been less effective in addressing more subtle and complex forms of workplace inequity. These second generation forms of bias result from patterns of interaction, informal norms, networking, mentoring, and evaluation. Drawing on the potential of recent Supreme Court decisions, Professor Sturm proposes a structural regulatory solution to this problem of second generation employment discrimination. Her approach links the efforts of courts, workplaces, employees, lawyers, and mediating organizations to construct a regime that encourages employers to engage in effective problem solving. This approach enables employers to combine legal compliance with proactive efforts to improve their firms. This Article details three case studies that reveal some of the building blocks of a successful structural approach.

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Crossref · 10.2307/1123737

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  • Workplaces requiring adaptability, flexibility, and technical innovation often adopt decentralized governance structures that can foster patterns of interactions, decision making, and relationships that exclude women.

    “These workplaces often adopt decentralized governance structures that can foster patterns of interactions, decision making, and relationships that exclude women.”

    From Managing to clear the air: Stereotype threat, women, and leadership (2016) · cites this paper as Sturm, 2001

  • The potential for stereotype threat remains relatively unchanged as overt sexism and exclusion of women in first-generation discrimination has mostly been replaced with second-generation forms of bias and discrimination.

    “Other research has noted that the potential for stereotype threat remains relatively unchanged as the overt sexism and exclusion of women in first generation discrimination has mostly been replaced with second-generation forms of bias and discrimination (Sturm, 2001).”

    From Managing to clear the air: Stereotype threat, women, and leadership (2016) · cites this paper as Sturm, 2001

  • Second generation discrimination flourishes in organizations that require adaptability, flexibility, and technical innovation.

    “Sturm (2001) suggests that second generation discrimination flourishes in organizations that require adaptability, flexibility, and technical innovation.”

    From Managing to clear the air: Stereotype threat, women, and leadership (2016) · cites this paper as Sturm, 2001

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Authors
Sturm, S.
Corresponding author
Sturm, Susan
Venue
Columbia Law Review
Publisher
JSTOR
Published
2001-04
Volume
101
Issue
3
Pages
458
ISSN
0010-1958 (ISSN-L)
DOI
10.2307/1123737
OpenAlex
W3123177553
Cited by
435
References
1
Citations by year
2026: 4 · 2025: 23 · 2024: 8 · 2023: 53 · 2022: 11 · 2021: 10 · 2020: 82 · 2019: 21 · 2018: 22 · 2017: 16 · 2016: 15 · 2015: 20 · 2014: 16 · 2013: 16 · 2012: 18
FWCI
83.46
Type
journal article
Language
en
Open access
closed
Locations
  • Columbia Law Review (publishedVersion)
  • eYLS (Yale Law School) (submittedVersion)
Topics
  • Social Sciences › Law › Discrimination and Equality Law
  • Social Sciences › Political Science and International Relations › Labor Law and Work Dynamics
  • Social Sciences › Gender Studies › Gender Diversity and Inequality
Keywords
structural discrimination, workplace inequity, networking, mentoring, performance evaluation (human resources), Supreme Court case law, employer compliance, workplace diversity, gender discrimination, racial discrimination

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