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Uncovering Discrimination: A Comparison of the Methods Used by Scholars and Civil Rights Enforcement Officials

Uncovering Discrimination: A Comparison of the Methods Used by Scholars and Civil Rights... The responsibility for uncovering discrimination falls on both scholars and civil rights enforcement officials. Scholars ask whether discrimination exists and why it arises; enforcement officials ask whether particular firms are discriminating. This article investigates the points of commonality and divergence in these two lines of inquiry. We demonstrate a need for more research focusing on discrimination as defined by the law and for more enforcement building on the methodological lessons in the research literature. We also show that disparate-impact discrimination cannot be identified with current enforcement tools but could be identified with methods in the scholarly literature. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Law and Economics Review Oxford University Press

Uncovering Discrimination: A Comparison of the Methods Used by Scholars and Civil Rights Enforcement Officials

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Publisher
Oxford University Press
Copyright
© The Author 2006. Published by Oxford University Press on behalf of the American Law and Economics Association. All rights reserved. For permissions, please e-mail: journals.permissions@oxfordjournals.org
ISSN
1465-7252
eISSN
1465-7260
DOI
10.1093/aler/ahl015
Publisher site
See Article on Publisher Site

Abstract

The responsibility for uncovering discrimination falls on both scholars and civil rights enforcement officials. Scholars ask whether discrimination exists and why it arises; enforcement officials ask whether particular firms are discriminating. This article investigates the points of commonality and divergence in these two lines of inquiry. We demonstrate a need for more research focusing on discrimination as defined by the law and for more enforcement building on the methodological lessons in the research literature. We also show that disparate-impact discrimination cannot be identified with current enforcement tools but could be identified with methods in the scholarly literature.

Journal

American Law and Economics ReviewOxford University Press

Published: Jan 1, 2006

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