Gender and the tournament

Reinventing antidiscrimination law in an age of inequality

Naomi Cahn, June R Carbone, Nancy Levit

Research output: Contribution to journalArticle

Abstract

Since the 1970s, antidiscrimination advocates have approached Title VII as though the impact of the law on minorities and women could be considered in isolation. This Article argues that this is a mistake. Instead, Gender and the Tournament attempts to reclaim Title VII’s original approach, which justified efforts to dismantle segregated workplaces as necessary to both eliminate discrimination and promote economic growth. Using that approach, this Article is the first to consider how widespread corporate tournaments and growing gender disparities in the upper echelons of the economy are intrinsically intertwined, and how they undermine the core promises of antidiscrimination law. The Article draws on a case filed in 2014 challenging the “rank-and-yank” evaluation system at Microsoft, as well as social science literature regarding narcissism and stereotype expectations, to illustrate how consideration of the legitimacy of competitive pay for performance schemes is essential to combating the intrinsically gendered nature of advancement in the new economy.

Original languageEnglish (US)
Pages (from-to)425-488
Number of pages64
JournalTexas Law Review
Volume96
Issue number3
StatePublished - Feb 1 2018

Fingerprint

affirmative action
narcissism
new economy
Law
gender
stereotype
social isolation
legitimacy
economic growth
discrimination
workplace
social science
minority
economy
evaluation
performance
literature

Cite this

Gender and the tournament : Reinventing antidiscrimination law in an age of inequality. / Cahn, Naomi; Carbone, June R; Levit, Nancy.

In: Texas Law Review, Vol. 96, No. 3, 01.02.2018, p. 425-488.

Research output: Contribution to journalArticle

@article{b5da223ab1e14b44a062accc4d24cfe1,
title = "Gender and the tournament: Reinventing antidiscrimination law in an age of inequality",
abstract = "Since the 1970s, antidiscrimination advocates have approached Title VII as though the impact of the law on minorities and women could be considered in isolation. This Article argues that this is a mistake. Instead, Gender and the Tournament attempts to reclaim Title VII’s original approach, which justified efforts to dismantle segregated workplaces as necessary to both eliminate discrimination and promote economic growth. Using that approach, this Article is the first to consider how widespread corporate tournaments and growing gender disparities in the upper echelons of the economy are intrinsically intertwined, and how they undermine the core promises of antidiscrimination law. The Article draws on a case filed in 2014 challenging the “rank-and-yank” evaluation system at Microsoft, as well as social science literature regarding narcissism and stereotype expectations, to illustrate how consideration of the legitimacy of competitive pay for performance schemes is essential to combating the intrinsically gendered nature of advancement in the new economy.",
author = "Naomi Cahn and Carbone, {June R} and Nancy Levit",
year = "2018",
month = "2",
day = "1",
language = "English (US)",
volume = "96",
pages = "425--488",
journal = "Texas Law Review",
issn = "0040-4411",
publisher = "University of Texas at Austin",
number = "3",

}

TY - JOUR

T1 - Gender and the tournament

T2 - Reinventing antidiscrimination law in an age of inequality

AU - Cahn, Naomi

AU - Carbone, June R

AU - Levit, Nancy

PY - 2018/2/1

Y1 - 2018/2/1

N2 - Since the 1970s, antidiscrimination advocates have approached Title VII as though the impact of the law on minorities and women could be considered in isolation. This Article argues that this is a mistake. Instead, Gender and the Tournament attempts to reclaim Title VII’s original approach, which justified efforts to dismantle segregated workplaces as necessary to both eliminate discrimination and promote economic growth. Using that approach, this Article is the first to consider how widespread corporate tournaments and growing gender disparities in the upper echelons of the economy are intrinsically intertwined, and how they undermine the core promises of antidiscrimination law. The Article draws on a case filed in 2014 challenging the “rank-and-yank” evaluation system at Microsoft, as well as social science literature regarding narcissism and stereotype expectations, to illustrate how consideration of the legitimacy of competitive pay for performance schemes is essential to combating the intrinsically gendered nature of advancement in the new economy.

AB - Since the 1970s, antidiscrimination advocates have approached Title VII as though the impact of the law on minorities and women could be considered in isolation. This Article argues that this is a mistake. Instead, Gender and the Tournament attempts to reclaim Title VII’s original approach, which justified efforts to dismantle segregated workplaces as necessary to both eliminate discrimination and promote economic growth. Using that approach, this Article is the first to consider how widespread corporate tournaments and growing gender disparities in the upper echelons of the economy are intrinsically intertwined, and how they undermine the core promises of antidiscrimination law. The Article draws on a case filed in 2014 challenging the “rank-and-yank” evaluation system at Microsoft, as well as social science literature regarding narcissism and stereotype expectations, to illustrate how consideration of the legitimacy of competitive pay for performance schemes is essential to combating the intrinsically gendered nature of advancement in the new economy.

UR - http://www.scopus.com/inward/record.url?scp=85044596490&partnerID=8YFLogxK

UR - http://www.scopus.com/inward/citedby.url?scp=85044596490&partnerID=8YFLogxK

M3 - Article

VL - 96

SP - 425

EP - 488

JO - Texas Law Review

JF - Texas Law Review

SN - 0040-4411

IS - 3

ER -