Sharing-economy firms have opposed the application of antidiscrimination law to their transactions. At the same time, these firms have heralded their ability to achieve antidiscrimination aims without the force of law, and have adopted various measures to address discrimination. This Article documents and assesses these measures, focusing on the relationship between law and norms. Relying on the sharing economy as a case study, this Article shows how law can play a crucial role in spurring antidiscrimination efforts by firms that it does not regulate, but also how antidiscrimination law might nonetheless be undermined by these voluntary efforts.
My thanks for very helpful comments and questions go to Naomi Cahn, June Carbone, Shelly Kreiczer-Levy, Nancy Levit, an anonymous reviewer, the editors at the Journal of Law and Ethics of Human Rights, and participants in the symposium on the Sharing Economy: Markets and Human Rights at the College of Law and Business in Ramat Gan, Israel.
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