Forthcoming in Behavioral Science Implications for Employment Discrimination Law: Essays in Memory of David Charny (G. Mitu Gulati & Michael Yelnosky eds.)(Kluwer).


Silicon Valley employers employ few African-Americans, Latino/as, or older workers, yet do not fit the usual paradigms of employment discrimination: they exhibit no taste for uniformity and do not employ job tournaments or internal labor markets. A new model of employment discrimination attributes disparate hiring in Silicon Valley to a combination of: demands for specific skill sets at hiring (the opposite of the subjective criteria that have long beguiled scholars of discrimination) and concomitant refusal to train; hiring through networks of personal contacts; and rewards to career paths that alternate employment with self-employment. Overcoming the disparate impact of these employment practices will require institutions going well beyond current employment discrimination law.


Civil Rights and Discrimination | Labor and Employment Law

Date of this Version

December 2004