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Employment Discrimination in a High Velocity Labor Market

bepress Legal Repository
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  • Civil Rights And Discrimination
  • Employment Practice
  • Labor Law
  • Labor And Employment Law
  • Economics


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.

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