Publications
The New Principle-Practice Gap: The Disconnect between Diversity Beliefs and Actions in the Workplace
Sociology of Race and Ethnicity (2022)
Following increased calls for racial justice, many organizations have pledged to play their part in dismantling systemic racism. One common step leaders take is to invest in diversity and inclusion programs. Yet, despite organizations’ bold claims to value diversity and the investment of billions of dollars on related efforts, workplace discrimination continues to be a major factor in the lives of people of color. In addition, existing research highlights a principle-policy gap, wherein people—particularly White Americans—espouse support for the principles of diversity, yet their support wanes for policies that address inequalities. In this survey study, we explore attitudes about organizational diversity efforts and further examine how these beliefs shape workplace decision making. Our analysis of open-ended responses reveals a major disconnect, where individuals say diversity is important in principle, yet in practice do not take actions to further the goals of diversity and inclusion programs, a phenomenon we label the “principle-practice gap.” We use diversity ideology as the theoretical link to help explain why this subtle resistance to action might occur. We find that the principle-practice gap is more pronounced for those who view diversity as important because it improves outcomes. Conversely, those who think diversity is an important goal because of workplace inequality are more likely to take action, such as promoting a Black man. These findings help reveal which people endorsing diversity in principle are more likely to take action and which tend to be more performative and less connected to practices that counter structural inequality.
Equity Every Day
The B2B Institute, A LinkedIn Think Tank (2022)
In this report, we ask the question: If diversity is good for business, why aren't people buying? I present findings from several original studies and theoretical insights from behavioral science research that explains why a transformational approach emphasizing storytelling, emotions, and what feels like the right thing to do is more effective than “selling” DEI with instrumental business rationales focused on performance gains and the bottom line. I argue that leaders should move from a transactional to a transformational approach to DEI in order to go beyond numerical diversity to deeper structural and cultural change. Organizations must acknowledge the root of the problem which is historical exclusion and biased workplaces systems that have hindered opportunity for women, employees of color, and other historically excluded groups for generations. As companies continue to commit to racial justice following the racial reckoning of 2020, this increased interest in equity can be used as momentum for social change, and a potential path to disrupt dominant approaches in exchange for new (or renewed) strategies.
Maximizing #MeToo: Intersectionality and the Movement
62 B.C. L. Rev. 1797-1864 (2021).
Although women of color experience high rates of harassment and assault, they have largely been left at the margins of the #MeToo movement, in terms of (1) the online conversation; (2) traditional social movement activity occurring offline; and (3) resulting legal activity. This article analyzes how race shapes experiences of harassment and how seemingly positive legal strides continue to fail women of color thirty years beyond Kimberlé Crenshaw’s initial framing of intersectionality theory. I discuss the weaknesses of the reform efforts and argue for more tailored strategies that take into account the ineffectiveness of our current Title VII framework, and more specifically, the continuing failure of the law to properly deal with intersectionality. This analysis and the resulting proposal will demonstrate how #MeToo can be leveraged as an opportunity to reshape law and our organizations in a way that better protects all women, and particularly women of color.
COVID-19 Widens Disparities for Black, Indigenous, and Other Workers of Color
Chapter in Work Law Under COVID-19 (Sachin S. Pandya & Jeffrey M. Hirsch eds., 2021).
COVID-19 has highlighted how weak labor protections disproportionately impact Black, Indigenous, and other workers of color. Those workers are overrepresented in essential jobs and low-wage work. As a result, they risk exposure to COVID-19 in jobs with insufficient benefits and limited bargaining power. Advocates should build upon the current racial justice movement to advocate for collective worker power and change in workplace conditions.
Beyond Sex+: Acknowledging Black Women in Employment Law and Policy
25 Emp. Rts. & Emp. Pol’y J. (2021).
As the United States makes history with Kamala Harris becoming the First Black woman Vice President, systemic racism and sexism remain pervasive and stifle life outcomes for Black women in America. This Article focuses on the challenges Black women continue to face when bringing intersectional employment claims, despite experiencing high rates of discrimination and harassment. With the ongoing movement for racial justice, now is the time to begin a more explicit discussion of intersectionality and reshape the limited analytical framework of antidiscrimination law. This is a necessary step towards acknowledging and addressing the realities of the discrimination these women face.
Board Gender Diversity: A Path to Achieving Substantive Equality in the U.S.
63 William and Mary L. Rev. (2021).
The United States has been rapidly losing its status as a global power founded on democratic principles. This is in part due to the leadership’s active involvement in reducing the rights of women, Black people, and other marginalized groups. We use gender diversity on corporate boards as a comparative example, to examine the legal frameworks designed to promote equality in the EU and U.S. Learning from the EU model, we propose that the U.S. must let go of the Equal Rights Amendment and adopt a Substantive Equality Amendment to the Constitution requiring positive action to facilitate laws enabling gender equality. This solution will have broad cultural impact outside of the board context and will help change the lived experiences and outcomes for women in the United States for generations to come. It will change the course of history.
#BlackLivesMatter: Getting from Contemporary Social Movements to Structural Change
12 Calif. L. Rev. Online 1-38 (2021).
The sustained activism that followed George Floyd’s death and the ongoing movement for racial justice have demonstrated how social media can be a crucial mechanism of social change. We have seen how online and on-the-ground activism can fuel each other and build momentum in ways neither can achieve in isolation. In this essay, we use empirical data to support a theoretical model that illustrates how contemporary movements can use social media to build awareness, educate, and most importantly, promote the kinds of offline action that can lead to deeper structural change. In this case, BLM has effectively leveraged social media to fuel and facilitate mass protests and broaden social awareness. In 2020-21, we have seen this begin to inspire deeper social, cultural and legal change, in ways that previously felt like distant hope.
#Black Lives Matter: From Protest to Policy
William & Mary Journal of Race, Gender, and Social Justice (2021).
In summer 2020, mass protests spread across the globe challenging police brutality and racial injustice and demanding change. The sheer scale of these protests made them the largest movement in U.S. history. While there has been some consensus that this unprecedented protest movement pushed social awareness and changed the national conversation around race, existing research has yet to clearly document the extent to which it affected law and policy on the federal, state, and local levels. We begin to fill this gap by documenting the correlation between the online and offline protest activity, and showing the relationship between the location and intensity of protest activity and the initial wave of legal and policy change. In Part I, we offer an analysis of the 2020 protests, including the critical role of social media in building the protests themselves as well as the policy demands that the protests helped to broadcast. In Part II, we assess the policy activity occurring within the first year following this historic level of activism in the United States, looking specifically at where and when legislators responded to three different kinds of movement demands: individual accountability, institutional changes, and broader systemic reform. We then conclude by discussing the substantial backlash policy that threatens to not only derail current racial justice efforts, but also exacerbate the underlying inequalities that the movement opposes.
Diversity as a Trade Secret
107 Geo. L.J. 1685-1732 (2019).
Many of the industries that dominate the economy in wealth, status, and power continue to struggle with a lack of diversity. Various stakeholders in finance, technology, the legal profession, and film have been mobilizing to improve access and equity. When potential plaintiffs and other diversity advocates use FOIA and discovery requests to access relevant employment information, many companies have responded with virulent attempts to maintain secrecy. This Article is the first piece of legal scholarship to examine the argument made by companies that diversity data and strategies are protected trade secrets. Instead of hiding this information, I argue that we should treat diversity data and strategies as public goods. This type of open model will advance the goals of equal opportunity law by raising awareness of inequities and opportunities, motivating employers to invest in effective practices, facilitating collaboration on diversity goals, fostering innovation, and increasing accountability for action and progress.
#MeToo as Catalyst: A Glimpse into 21st Century Activism
2019 U. Chi. Legal F. 371, 374 (2019).
The Twitter hashtag #MeToo has provided an accessible medium for users to share their personal experiences and make public the prevalence of sexual harassment, assault, and violence against women. This Essay discusses the #MeToo movement within the broader context of social media activism, explaining how this unique form of collective action is rapidly evolving. We offer empirical insights into the types of conversations taking place under the hashtag and the extent to which the movement is leading to broader social change. While it is unclear which changes are sustainable over time, it is clear that the hashtag #MeToo has converted an online phenomenon into tangible change, sparking legal, political and social changes in the short run.
#MeToo and Public Officials: A Post-election Snapshot of Allegations and Consequences
November 8, 2018, Georgetown University Law Center
In the most exhaustive accounting of its kind to date, this study shows that a total of at least 138 government officials in both elected and appointed positions, had been publicly reported for sexual harassment, assault, misconduct, or violence against women between the 2016 and 2018 elections. A large majority of the accusations surfaced after October 2017, when allegations against Harvey Weinstein made news and the #MeToo hashtag exploded on social media. The accused included members of the U.S. Congress, state legislators, other elected officials, and appointed officials. After the 2018 election, 75 percent of the accused were out of office. Beyond losing political positions, a number of officials also faced legal action, including civil lawsuits and criminal charges. This type of accountability was unprecedented.
Accountability as a Debiasing Strategy: Testing the Effect of Racial Diversity in Employment Committees
103 Iowa L. Rev. 47 (2018).
This Article presents a framework that captures the type of solutions needed to effectively reduce workplace bias in the 21st century. Looking at group decision making, I focus specifically on one strategy that legal scholars and social psychologists have argued to be particularly effective: “Accountability” to others. If accountability, or “the implicit or explicit expectation that one may be called on to justify one’s beliefs, feelings, and actions to others,” effectively reduces bias, we can pro-actively include this strategy in important decision making, such as hiring and promotions. This research fills a gap in the literature by offering the first empirical examination of how the race of the individual(s) one is accountable to may influence decision making in the employment context. My experimental results reveal that race does in fact matter. Accountability to a racially diverse committee leads to more hiring and promotion of underrepresented minorities than does accountability to a homogeneous committee.
Breaking Down Bias: Legal Mandates vs. Corporate Interests
92 Wash. L. Rev. 1473 (2017).
This Article examines the very critical issue of racial inequality in the United States and various strategies that American institutions use to reduce bias and promote equity. I present experimental research findings that for the first time test the relative efficacy of a “business case” for diversity and inclusion versus a “legal case” for inclusion. The diversity rationale, touting the broad benefits of racial inclusion, has become widely accepted. At the same time, many view a focus on antidiscrimination law and the threat of legal enforcement as outmoded and ineffective. My experiments reveal that inclusion efforts grounded in civil rights law are more likely to curb widely held biases and promote equitable behavior. Despite the appeal of the business case for diversity, emphasis on corporate interests actually generates negative beliefs about inclusion and more biased decision making. Based on these findings, I argue that civil rights law is still needed, not only for its exogenous pressure on organizations to promote inclusion but also for its normative effect on individual values, beliefs about inequality, and behavior.
Social Psychology of Inclusion: How Diversity Framing Shapes Outcomes for Racial-Ethnic Minorities
This Article fills in this gap in the sociological literature by investigating both whether different types of organizational strategies lead to positive or negative effects, and most importantly, why. For example, positive behavioral changes may occur because of greater accountability, engagement, or positive beliefs about inclusion. Yet negative effects may occur if the strategies prime negative racial attitudes or threaten the racialized hierarchy and existing structure of privilege in business, education, healthcare and other contexts. This article examines the social psychology of inclusion by investigating the mechanisms that may mediate workplace behaviors.