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Giving Notice: Why the Best and the Brightest Leave the Workplace and How You Can Help Them Stay by Freada Kapor Klein

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10.5. Discrimination Laws' Double-Edged Sword

The Civil Rights Act of 1964 was a landmark law. It was necessary to help curtail blatant racial discrimination in the United States. However, after more than forty years, it is not the right tool to address bias today.

The legal framework has had several unintended, counterproductive consequences: Companies now fear being sued for discrimination, so they are reluctant to do the analytics to detect and track bias and barriers that they routinely do for any other strategic business issue—employee surveys, assessments of bias in managers, and linking these data to measures of profitability and productivity. Companies do not value or work to improve what they don't measure.

Ironically, discrimination ...

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