Research support for this article was provided by the UCLA School of Law and the Korea Times-Hankook Ilbo Chair in Korean American Studies. Helpful research assistance was provided by Jonathan Feingold.
The Missing Quadrants of Antidiscrimination: Going Beyond the “Prejudice Polygraph”
Article first published online: 25 JUN 2012
© 2012 The Society for the Psychological Study of Social Issues
Journal of Social Issues
Special Issue: The Reality of Contemporary Discrimination in the United States: The Consequences of Hidden Bias in Real World Contexts ISSUE EDITORS Jason A. Nier and Samuel L. Gaertner
Volume 68, Issue 2, pages 314–327, June 2012
How to Cite
Kang, J. (2012), The Missing Quadrants of Antidiscrimination: Going Beyond the “Prejudice Polygraph”. Journal of Social Issues, 68: 314–327. doi: 10.1111/j.1540-4560.2012.01750.x
- Issue published online: 25 JUN 2012
- Article first published online: 25 JUN 2012
Behavioral realists urge the law to respond to new scientific discoveries about the reality of contemporary discrimination. But in thinking about how the law might respond, it is easy to frame the question as: When should evidence from scientific instruments, such as the Implicit Association Test, be admissible in a discrimination lawsuit. In other words, should we admit into evidence the results of some “Prejudice Polygraph”? But this framing, which focuses on specific facts, found ex post is too narrow and obscures a much broader range of potential legal responses. Indeed, by considering both specific and general facts, as well as both ex post and ex ante time orientations, four separate quadrants of analysis emerge. Psychologists, legal scholars, and policymakers should not miss these other quadrants of antidiscrimination.