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Abstract

Courts interpreting Title VII of the Civil Rights Act have developed legal theories defining prohibited discrimination in the workplace. However, terms like "individual disparate treatment," "systemic disparate treatment," "disparate impact," and "hostile work environment" may not always address the full scope of discrimination at play in today's workplace. The term "diversity" has developed into a problematic concept, with separate cultural and legal understandings that are at odds with one another. This panel will examine existing definitions of discrimination to see how these terms can be improved. It will also look at other sociological perspectives on discrimination that may not have yet been applied to employment discrimination law, in an effort to explore the ways the law could be expanded to address these different facets of discrimination. Such sociological perspectives will include social closure as a form of discrimination prohibited by Title VII, and implicit bias as not only an area of psychological research, but also a potential political avenue for discussing the problems of racial discrimination in our society.

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