2023-09-28 14:46:10 +00:00
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abstract: 'Bringing sociological theory and research to bear on the ``quota
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debates{''''} dogging discussion of federal civil rights legislation in
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the early 1990s, this article highlights sociology''s role in shaping
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employment law and shows how apparently technical legal arguments about
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allocating burdens of proof affect labor market resource allocation
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among the classes, races, and genders. Contrasting
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institutional-sociological with liberal-legal concepts of
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discrimination, the article shows why disparate impact theory has been
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the most sociological approach to Title VII enforcement. It also shows
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how disparate impact-a theory and method for establishing legally
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cognizable employment discrimination injurious to women and
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minorities-is, and is not, related to affirmative action-a policy
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encompassing a broad range of procedures intended to provide positive
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consideration to members of groups discriminated against in the past.
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Finally, a competing incentive framework is used to show that, although
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disparate impact creates some incentives for employers to adopt quota
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hiring, such incentives are counter-balanced by major incentives working
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against race- and gender-based quotas. Major counterincentives stem from
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disparate impact itself, from other aspects of equal employment law, and
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from organizational goals shaping business response to the legal
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environment.'
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affiliation: 'Stryker, R (Corresponding Author), Univ Minnesota, Dept Sociol, 909
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Social Sci Bldg,267 19th Ave S, Minneapolis, MN 55455 USA.
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Univ Minnesota, Dept Sociol, Minneapolis, MN 55455 USA.'
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author: Stryker, R
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author_list:
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- family: Stryker
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given: R
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da: '2023-09-28'
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doi: 10.1525/tsq.2001.42.1.13
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files: []
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issn: 0038-0253
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journal: SOCIOLOGICAL QUARTERLY
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keywords-plus: 'AFFIRMATIVE-ACTION; CIVIL-RIGHTS; SOCIAL CONSTRUCTION; TITLE-VII;
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DISCRIMINATION; ANTIDISCRIMINATION; WORKPLACE; TRANSFORMATION;
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SEGREGATION; OPPORTUNITY'
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language: English
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month: WIN
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note: 'Annual Meeting of the American-Sociological-Association, NEW YORK, NEW
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YORK, AUG 16-20, 1996'
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number: '1'
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number-of-cited-references: '111'
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pages: 13-46
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papis_id: 923fea72dbc8f338792f3bf9757b14dd
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ref: Stryker2001disparateimpact
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times-cited: '28'
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title: 'Disparate impact and the quota debates: Law, labor market sociology, and equal
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employment policies'
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2023-10-01 08:15:07 +00:00
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type: article
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2023-09-28 14:46:10 +00:00
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unique-id: WOS:000167192600002
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usage-count-last-180-days: '1'
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usage-count-since-2013: '20'
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volume: '42'
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web-of-science-categories: Sociology
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year: '2001'
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