INTERGROUP CONFLICT, LAW, AND THE CONCEPT OF LABOR-MARKET DISCRIMINATION

This article begins by reviewing problems that arise in attempts to operationalize standard social scientific definitions of labor market discrimination. It then argues that some of these problems occur because conventional studies of discrimination pay insufficient attention to the role of cultural contests and social and political conflict in disputes over what constitutes fair treatment in the labor market. It proposes a way to reconceptualize "labor market discrimination" that takes conflict into account and suggests that much could be learned about labor market discrimination by examining how such conflict is expressed in legal disputes occurring under the equal employment opportunity laws. The examination of such conflict also provides a way to link political struggle with labor market outcomes. © 1990 Plenum Publishing Corporation.