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IN a recent article, Professor Bartlett argues that modifying legal tools in order to reduce implicit race and gender bias is a worthy goal, but one that is almost certainly unattainable.The modern workplace, in her view, is populated mostly by individuals who are potentially well intentioned and committed to nondiscrimination. Legal "coercion" will threaten their autonomy and sense of personal efficacy, and as a result it will generate a backlash that is more likely to increase workplace bias than to reduce it. Instead of strengthening the law, the most effective way to create workplace fairness is to restructure work in a way that unleashes our better instincts. Doing so will reduce actions that are discriminatory and unlawful. At the same time, it will make us feel better about ourselves.
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