The Threads of Organizational Innocence

Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms

“…A growing body of scholarship, much of it qualitative research on the experiences of the typical plaintiff, chronicles organizational resistance to, and dismissal of, worker complaints of discrimination (Berrey, Nelson, and Nielsen 2017; Edelman 2016; Green 2016; Roscigno 2007). In the wake of lawsuits, managers seldom perceive complaints as indicative of systemic workplace discrimination, instead interpreting them as resulting from a particular “problem” employee.…”

“…In the wake of lawsuits, managers seldom perceive complaints as indicative of systemic workplace discrimination, instead interpreting them as resulting from a particular “problem” employee. Ultimately, these accounts present a pessimistic outlook on the capacity of lawsuits to bring about the kind of systematic organizational changes necessary to increase diversity and equality of opportunity (Berrey et al 2017; Green 2016).…”

“…In this article, we develop a theory of organizational resistance and visibility to explain this discrepancy. First, we discuss how resistance to civil rights litigation—and to subsequent organizational change—is anticipated by both group conflict and reactance theories (Blalock 1967; Brehm and Brehm 1981) and law and society scholarship (Berrey et al 2017; Edelman 2016; Green 2016). Second, we draw on institutional arguments suggesting that large, visible employers are most likely to take the steps to signal their commitment to equality of opportunity (Dobbin, Kim, and Kalev 2011; Edelman, Uggen, and Erlanger 1999; Hirsh and Cha 2018).…”

Rights on Trial: How Workplace Discrimination Law Perpetuates Inequality

“…Thanks to the collection of rich and unique data, insightful analysis, and an engaging presentation, authors Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen bring to life what may seem to outside observers a mundane bureaucratic legal process. Over the last decade, several books have examined how organizational actors shape the meaning of discrimination and rights (see, for example, Edelman 2016; Dobbin 2009; Green 2016; and Roscigno 2007). The authors at hand extend this work by exploring the entire rights mobilization process, giving voice to plaintiffs, defendants, and attorneys and offering a theoretical framework for understanding the systematic failure of the rights-based model.…”