Discrimination in the 21st century: Are science and the law aligned?

Abstract

Although scholars agree that traditional forms of discrimination have generally been supplanted by subtler interpersonal manifestations of discrimination, it is yet unknown whether targets of these behaviors or the American judicial branch recognize such negative behaviors as violations of extant law. Extending research and theory, we propose that denigrating messages toward women and ethnic minorities (i.e., microaggressions) emerge in workplace interactions and are sometimes interpreted as discrimination. Specifically, this research explores the presence, severity, and frequency of microaggressions that appear in a random sample of race and gender discrimination cases in federal court dockets since the year 2000. The results suggest that microinsults, microinvalidations, and microassaults are reported in a variety of discrimination claims. However, only overt and intentional forms of microaggressions (microassaults) increased the likelihood that decisions favored plaintiffs. Thus, there may be a disconnect between forms of discrimination perceived by claimants and how those forms are evaluated by the legal system that protects victims of discrimination. This potential misalignment of science and practice is discussed, as are directions for future research.

Best practices: How to evaluate psychological science for use by organizations

“…Yet science shows that under-represented group members routinely pick up and are undermined by the subtle micro-aggressions (Sue, Capodilupo, Torino, Bucceri, Holder, Nadal, & Esquilin, 2007). Judicial behavior may not be behaviorally realistic in light of contemporary science: the law may not be “aligned with scientific consensus regarding the subtle nature of discrimination” (King et al, 2011, p.56). So, too, with management, at least sometimes.…”

Critical Conversations: Cultural Awareness, Sensitivity, and Competency

“…This is prejudice in its most subtle or implicit form. 1,2 For the most part, microaggressions and other forms of implicit bias are quite unintentional. Many healthcare practitioners do not harbor explicit or overt discriminatory views or if they do, they understand that they should not be expressed in the work environment.…”

Racism and Mental Health: Are Schools Hostile Learning Environments for Students of Color?

“…Research on race is increasingly focusing on these microagressions, as the effects can be significant. A recent legal analysis indicated that microsagressions are being cited more often in workplace discrimination cases (King, Dunleavy, Dunleavy, Jaffer, & Morgan, 2011), as well, suggesting that the face of racism is changing to a much more subtle form.…”

“…Unlawful harassment may occur without economic injury to, or discharge of, the victim. While terms like "reasonable person" and "severe and pervasive" are subjective terms and require a court to interpret (King, et al, 2011), most would likely agree that children and adolescents do not have the adult stamina to regularly experience racism without significant negative impact on their psyches. The research is clear that there is a link between the experience of racism and the mental health of people of color.…”