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197 Part IV Practical Considerations Experts and Evidentiary Constructs Chapters 1 through 8 described the law and legal constructs applied to Title VII cases and discussed how masculinities theory can provide valuable information to judges and juries deciding employment discrimination cases. In this part, chapter 9 deals with the theoretical, legal, and practical considerations surrounding the use of masculinities research to provide a different lens or perspective through which judges and juries can view the occurrences in these cases. Specifically, it explains that common sense alone is not a sufficient tool with which to analyze employment discrimination cases involving race and gender issues, and argues that legal actors need to rely on expert witnesses to understand hidden gendered and racialized structures and actions. Moreover, it explains why and under what conditions these expert opinions should be presented in court. Finally, it argues that judges should receive judicial education on masculinities theory so that they are informed to decide motions to dismiss, and for summary judgment, and that judges and lawyers should work together to create jury instructions that would incorporate understandings from masculinities theory. The conclusion analyzes how employers should eliminate masculinities from their workforces. This page intentionally left blank ...


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Related ISBN
MARC Record
Launched on MUSE
Open Access
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