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Employment Discrimination in a High Velocity Labor Market

Alan Hyde, Rutgers Law School (Newark)

Article comments

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

Abstract

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.

Subject Area

Civil Rights, Employment Practice, Labor Law

Recommended Citation

Alan Hyde, "Employment Discrimination in a High Velocity Labor Market" (December 2004). Rutgers University (Newark) Legal Working Paper Series. Rutgers Law School (Newark) Faculty Papers. Working Paper 13.
http://law.bepress.com/rutgersnewarklwps/fp/art13

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