Disrupting the Discrimination Narrative: An Argument for Wage and Hour Laws' Inclusion in Antisubordination Advocacy

Coleman, L.G.

LG Coleman - Stan. JCR & CL, 2018 - HeinOnline

17 citations2018

Summary

In "Disrupting the Discrimination Narrative: An Argument for Wage and Hour Laws' Inclusion in Antisubordination Advocacy," L.G. Coleman critiques the prevailing legal and popular understanding of workplace exploitation affecting African American workers. The author posits that the dominant "discrimination narrative," primarily rooted in an anticlassification framework, is insufficient because it fails to adequately address systemic issues such as wage theft, which disproportionately impacts low-wage workers, including African Americans. This narrative, often associated with immigrant worker exploitation, has historically overlooked the pervasive nature of wage theft among other vulnerable populations. Coleman highlights that post-racial legal analyses further complicate the utility of this traditional narrative, especially within a system plagued by structural inequality. Moreover, the inherent legal foundations and practical challenges of pursuing discrimination claims limit their effectiveness in tackling broader workplace subordination. The paper argues for a paradigm shift, advocating for the inclusion of wage and hour laws as a crucial component of a comprehensive antisubordination framework for worker protections. This methodology involves identifying the limitations of the singular discrimination narrative and proposing that an antisubordination approach would consider the enforcement of wage and hour laws as a vital tool in the pursuit of economic justice. Coleman contends that this framing alleviates wage and hour laws from a universalist critique, allowing them to be recognized as instruments to combat specific forms of racial and economic injustice. The implication is that by broadening the advocacy lens to include wage and hour protections, legal and social movements can more effectively challenge the structural inequalities that contribute to worker exploitation and achieve more meaningful economic justice for marginalized groups, particularly African Americans. The author suggests that a symbiotic relationship between legal institutions and social movements is necessary to create lasting societal change by fostering nuanced narratives that connect race, economic justice, and civil rights.

Key Findings

  • - The traditional discrimination narrative is incomplete and fails to adequately address pervasive wage theft experienced by African American low-wage workers.
  • The dominant legal framework, focused on anticlassification, is insufficient for tackling structural inequality and chronic workplace exploitation beyond individual acts of discrimination.
  • Wage and hour laws should be explicitly integrated into antisubordination advocacy to serve as a critical tool for achieving economic justice for vulnerable workers.
  • "Post-racial" legal analyses and the practical challenges of pursuing discrimination claims undermine the efficacy of current approaches to addressing workplace subordination.
  • A shift to an antisubordination framework, incorporating wage and hour enforcement, offers a more comprehensive and effective strategy for worker protection and combating racial and economic injustice.