ABSTRACT

This chapter explores the complicated social progression of the Courts through the myth of legal remedies. The myth of legal remedies is the idea that antidiscrimination law prevents, or at the very least remedies, racism, sexism, and other forms of discrimination within the modern workplace. The chapter also explores how antidiscrimination law in the mid-twentieth century was held up as the solution to racial and gender injustice in the workplace, but the remedy has not been fully realized, leading to the myth of legal remedies in public organizations. It provides a brief overview of civil rights legislation and major court victories that serve as the foundation of EEO and affirmative action, before discussing the scholarly critique of legislation and judicial decision-making as remedies to discrimination. The chapter argues that law is an important tool in the fight to end discrimination in the workplace, but it is not the panacea that many had hoped it would be in the mid-twentieth century.