Situated Justice: A Contextual Analysis of Fairness and Inequality in Employment Discrimination Litigation

Abstract

Readers can hear the data in respondents' own voices by listening to online audio recordings of the lengthy quotations. There are a few ways to listen to the 22 audio clips while reading the article. Those who are reading the digital version of the article will see that the name of each person quoted is hyperlinked. After clicking on a hyperlink, readers will be directed to a Web page containing just the audio recording for the appropriate bs_bs_banner

Relational Power, Legitimation, and Pregnancy Discrimination

“…An employee that falls into a protected group must first be legally conscious of such protection and then must traverse both employer control over information about existing workplace rights and the threat of retaliation (Albiston 2005;hirsh and Lyons 2010;Kelly 2010). Moreover, those who reach the dispute stage are often met with tremendous emotional and financial strain, not to mention uncertainty regarding a favorable resolution (Berrey, hoffman, and Nielsen 2012;hirsh 2008). Such pressures ensure that many grievances never reach the dispute stage.…”

Precarious Claims: The Promise and Failure of Workplace Protections in the United States

“…Ellen Berrey, Steve G. Hoffman, and Laura Beth Nielsen (2012) refer to this contextual effect as "situated justice, " highlighting the importance of both material and institutional contexts. Individual conceptions of justice vary and depend a great deal on claimants' age and social location within the polity and labor market.…”

“…Others came to reinterpret what they had previously understood to be a just outcome. Ellen Berrey, Steve G. Hoffman, and Laura Beth Nielsen (2012) refer to this contextual effect as "situated justice, " which depends a great deal on claimants' economic circumstances and social context (legal status, job, age, and other factors).…”

Mental Associations Between Law and Competitiveness: a Cross-Cultural Investigation

“…Implicit in this observation, then, is the further assumption that broad individual differences in legal consciousness will also exist between groups of people subject to differing legal systems. Indeed, as Berrey, Hoffman, and Nielsen (2012) noted, "a person's legal schema is contingent on the specific contexts in which he or she engages law (or avoids it)-which includes the legal environment as well as the structure of the markets, the workplace, and the government's legal categories and classifications" (p. 7). This view resonates with cultural psychology research showing that varying institutional factors between cultures (e.g., differing economic systems) can influence differences in cognitive styles and modes of thinking (Markus & Hamedani, 2007;Uskul, Kitayama, & Nisbett, 2008).…”