Neglected under the law: A typology of stigmatization and effective employment protections

Abstract

Some groups more commonly experience negative effects from biases in the workplace than others, in part, from a lack of universal anti-discrimination protections. While strong protections exist for some groups, others are often left to rely on a patchwork of legal protections and corporate policies to guard against bias. This article draws from social identity, stigmatization, and intersectionality theories to bring attention to susceptible classes, or those individuals who are stigmatized by society but not effectively shielded against discrimination by workplace protections. This article advances the Employment Protections and Stigmatization Classification Model typology. This model provides categorization based on the level of stigmatization individuals face and the degree to which employment protections provided by various entities are effective in reducing workplace bias and discrimination. Further, it allows for consideration and comparison of stigmatized groups across time, jurisdictions, and organizations. Three stigmatized classes are offered as examples to advance further understanding of the model.