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Article
Publication date: 1 September 2003

Jennifer Leutwiler and Brian H. Kleiner

The purpose of this article is to explore the historical differences in wages between different groups (women, minorities, older employees, and other distinct groups) and…

Abstract

The purpose of this article is to explore the historical differences in wages between different groups (women, minorities, older employees, and other distinct groups) and to analyse whether wage gaps are due to discrimination. Statistical data on wages, population, and education were accumulated from the US Department of Education, the US Department of Labor, and the US Census Bureau. Other reference materials were used to examine various theories for pay differences. Specifically, the gender wage gap is partially due to women’s domestic responsibilities and occupational sex‐typing. Race differences were found to have a correlation to education attainment. However, the wage gaps cannot completely be explained by other factors, indicating that negative stereotypes and discrimination do exist. The existence of discrimination is further supported by the growing number of pay discrimination lawsuits. In 2002, over $52 million was paid out by employers found guilty of employment discrimination in cases filed by the US Equal Employment Opportunity Commission. This article will define pay discrimination and examine ways to evaluate whether differences in pay are attributable to discrimination. Historical inequalities between men and women’s pay will be presented and evaluated in detail. Race differences between White, African‐American, Hispanic and Asian employees will be thoroughly addressed. Other less common forms of pay discrimination will also be covered. The analysis will reveal the non‐discriminatory as well as discriminatory reasons for differences in pay among individuals with similar aptitude and provide suggestions for improving the situation.

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Equal Opportunities International, vol. 22 no. 6/7
Type: Research Article
ISSN: 0261-0159

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Article
Publication date: 3 July 2013

David Terpstra, André Honorée and John Friedl

This study aims to examine whether the demographics of the US federal judiciary and the type of employment discrimination charge influence federal employment discrimination

Abstract

Purpose

This study aims to examine whether the demographics of the US federal judiciary and the type of employment discrimination charge influence federal employment discrimination case outcomes.

Design/methodology/approach

The outcomes of 401 randomly selected employment discrimination cases were examined by utilizing chi square analysis to test the interaction effects of race and gender along with four different charges of employment discrimination.

Findings

The findings suggest that the outcomes of employment discrimination cases are a function of the interaction of the judges' gender and race along with the type of discrimination charge (e.g. gender, race, age, or disability discrimination) involved in the case.

Research limitations/implications

More research studies with larger cell sample sizes for certain discrimination claims should be conducted to ascertain the validity of the current results.

Practical implications

Potential litigants in employment discrimination cases (both plaintiffs and defendants) may find these results relevant in determining their chances for success in the courtroom.

Social implications

These findings could help judges become more aware of potential biases and help guard against being influenced by them. These findings may also have implications for the selection and appointment of judges and suggest that judicial bodies that are more diverse may render more unbiased rulings.

Originality/value

Previous research regarding the influence of the sex and race of the judge on court case outcomes has yielded contradictory and confusing findings. However, by controlling for the possible influence of the type of charge involved in the cases, the findings of the current study suggest that judges' rulings are a function of the interaction of the judges' demographic characteristics with the type of discrimination charge.

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International Journal of Law and Management, vol. 55 no. 4
Type: Research Article
ISSN: 1754-243X

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Article
Publication date: 1 December 2002

Dawit Gebremeskel and Brian H. Kleiner

The purpose of this article is to explore new developments concerning marital status discrimination. This will start with the principle of equality among citizens in a…

Abstract

The purpose of this article is to explore new developments concerning marital status discrimination. This will start with the principle of equality among citizens in a democratic society. The limits of statutory rights, as challenged by personal prejudice and institutionalised systematic practices of discrimination, will be addressed. The historical limitation of some groups of the population in benefiting from statutory equal rights and the attempts to remedy this limitation shall be visited. After exploring the general conceptual issues related to equality, discrimination as related to marital status will be defined and discrimination issues in relation to marital status shall be identified. This will be followed by detailed analysis of the manifestation of discrimination experienced by individuals due to their marital status. Although the types of real or alleged discrimination experienced by people of different marital status are broad, the focus will be on the major ones: housing, employment, credit and insurance. In looking at the new trends and developments, an attempt will be made to identify applicable laws that are meant to prevent or to remedy any marital status related discrimination. Opinions and stands of opposing interest groups, governmental and non‐governmental agencies shall be looked at. Some applicable case law in some states in the United States of America shall be explored. Possible future trends will be pinpointed.

Details

Equal Opportunities International, vol. 21 no. 8
Type: Research Article
ISSN: 0261-0159

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Article
Publication date: 12 May 2021

Raheel Yasin and Sarah I. Obsequio Namoco

There is scarcity in the literature, both empirically and theoretically, regarding the relationship between transgender discrimination and prostitution. This study aims to…

Abstract

Purpose

There is scarcity in the literature, both empirically and theoretically, regarding the relationship between transgender discrimination and prostitution. This study aims to offer a new framework for conceptualizing workplace discrimination and prostitution by examining the mediating role of poverty in the relationship between discrimination and prostitution.

Design/methodology/approach

The conceptual framework of this study is based on the social identity theory and the theory of prostitution.

Findings

Transgender is a neglected group in society, and more often, they are the ones who are unable to find jobs and when employed, find it challenging to sustain their employment because of their gender identity. This leads them to be discriminated at their workplaces. Subsequently, they are forced to leave their workplace and settle to work as prostitutes for their economic survival.

Research limitations/implications

Further research should empirically test the design model.

Practical implications

Managers play an essential role in eliminating discrimination in the organization. Managers need to take measures in crafting gender-free and anti-discrimination policies. They take steps to design recruitment policies in which there is no need to disclose applicant identity.

Social implications

Discrimination, on the basis of gender identity, promotes a culture of hate, intolerance and economic inequality in society. Prostitution has devastating effects on society.

Originality/value

In the field of organizational behavior, discrimination as a factor of prostitution was not explored. This study provides a significant contribution to the transgender and discrimination literature along with the prostitution theory and the social identity theory by proposing a model that highlights discrimination as one of the factors that compel the transgender community to be involved in prostitution.

Details

Gender in Management: An International Journal , vol. 36 no. 4
Type: Research Article
ISSN: 1754-2413

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Book part
Publication date: 30 June 2016

Ho Kwan Cheung, Eden King, Alex Lindsey, Ashley Membere, Hannah M. Markell and Molly Kilcullen

Even more than 50 years after the Civil Rights Act of 1964 prohibited discrimination toward a number of groups in employment settings in the United States, workplace…

Abstract

Even more than 50 years after the Civil Rights Act of 1964 prohibited discrimination toward a number of groups in employment settings in the United States, workplace discrimination remains a persistent problem in organizations. This chapter provides a comprehensive review and analysis of contemporary theory and evidence on the nature, causes, and consequences of discrimination before synthesizing potential methods for its reduction. We note the strengths and weaknesses of this scholarship and highlight meaningful future directions. In so doing, we hope to both inform and inspire organizational and scholarly efforts to understand and eliminate workplace discrimination.

Details

Research in Personnel and Human Resources Management
Type: Book
ISBN: 978-1-78635-263-7

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Book part
Publication date: 21 August 2015

Catherine E. Harnois

Existing research tends to conceptualize age- and gender-based discrimination as distinct and unrelated social phenomena. A growing body of scholarship, however…

Abstract

Purpose

Existing research tends to conceptualize age- and gender-based discrimination as distinct and unrelated social phenomena. A growing body of scholarship, however, highlights the importance of conceptualizing ageism as potentially gendered, and gender discrimination as inherently shaped by age. Using an intersectional theoretical perspective, this chapter examines how gender and age combine to shape women’s and men’s experiences of workplace mistreatment.

Methodology/approach

The data are obtained from the U.S. General Social Survey. The analysis begins with descriptive statistics, showing how rates of perceived age and gender mistreatment vary for men and women of different age groups. Multivariate logistic regressions follow.

Findings

Experiences of workplace mistreatment are significantly shaped by both gender and age. Among both men and women, workers in their 30s and 40s report relatively low levels of perceived age-based discrimination, compared to older or younger workers. It is precisely during this interval of relatively low rates of perceived age-based discrimination that women’s (but not men’s) perceptions of gender-based mistreatment rises dramatically. At all ages, women are significantly more likely to face either gender- or age-based discrimination than men, but the gap is especially large among workers in their 40s.

Originality/value

Women tend to perceive age- and gender-based mistreatment at different times of life, but a concurrent examination of gender- and age-based mistreatment reveals that women’s working lives are characterized by high rates of mistreatment throughout their careers, in a way that men’s are not. The results highlight the importance of conceptualizing gender and age as intersecting systems of inequality.

Details

At the Center: Feminism, Social Science and Knowledge
Type: Book
ISBN: 978-1-78560-078-4

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Book part
Publication date: 28 September 2020

Hyunsu Oh

Purpose – This study examined the impacts of racial discrimination on the self-reported health among Asian Americans.Methodology/Approach – This study investigated a…

Abstract

Purpose – This study examined the impacts of racial discrimination on the self-reported health among Asian Americans.

Methodology/Approach – This study investigated a subsample of 1,090 Asian Americans from the 2008 National Asian American Survey. Three-category measure of self-reported health was constructed ain. Racial discrimination experiences encompassed (1) interpersonal discrimination, (2) institutional racism, and (3) hate crime. Ordered logistic regression models were employed to test the association between self-reported health and experiences of racial discrimination among Asian Americans.

Findings – With respect to ethnic origin, South Asians showed lower levels of self-reported health than East Asians/Asian Indians. Although the baseline effect of each discrimination indicator was insignificant, there was an interactional effect between ethnic origin and racial discrimination, indicating the more interpersonal discriminatory experiences, the worse health status for South Asians.

Research limitations – There remained some limitations including data and the measures of racial discrimination.

Originality/Value of Paper – Despite the limitations, this study revealed that as a risk factor, how experiences of racial discrimination shape health disparities among ethnic groups in the United States, focusing on the heterogeneity within Asian Americans.

Details

Race, Ethnicity, Gender and Other Social Characteristics as Factors in Health and Health Care Disparities
Type: Book
ISBN: 978-1-83982-798-3

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Book part
Publication date: 27 October 2017

Malia Lee Womack

Purpose: The United States became a member of the United Nations’ (UN’s) core anti-racism treaty, International Convention on the Elimination of All Forms of Racial…

Abstract

Purpose: The United States became a member of the United Nations’ (UN’s) core anti-racism treaty, International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), but has not passed the UN’s core gender equality treaty, Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). This chapter explores why the United States passed only one of the conventions. It reviews the power, misinterpretation, and compliance theories that explain why only one of the treaties was ratified. In addition, it offers a fourth explanation of the nation’s behavior – that of relative cost.

Findings: This chapter shows that CEDAW’s mandates, which are specific in nature, are costlier with respect to public services, educational resources, and programs to alleviate cultural prejudices, than are the more broadly framed ICERD mandates. This chapter finds this difference as a driving factor for the nation to enter into the race convention and not the women’s rights pact.

Methodologies: Methodologies used in this publication include feminist and legal analyses and the examination of US policies as well as statements made by political figures.

Originality: This chapter makes contributions to legal and feminist scholarship by providing insight into the nation’s adoption of ICERD, and its failure to ratify CEDAW despite its stance that it is a supporter of women’s rights. The implications of this study are that while the power, misinterpretation, and compliance theories are useful to understand the apparent discrepant response to the two treaties, relative cost as defined by the different ways in which the treaties are framed is also useful in explaining the United States’ failure to ratify the gender equality treaty. Though CEDAW is more specific in its identification of equality issues and is costlier than ICERD, the advancement of both gender and racial equality in the United States falls short of international standards.

Details

Gender Panic, Gender Policy
Type: Book
ISBN: 978-1-78743-203-1

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Book part
Publication date: 7 January 2019

Magdalena Szaflarski and Shawn Bauldry

Discrimination has been identified as a major stressor and influence on immigrant health. This study examined the role of perceived discrimination in relation to other…

Abstract

Discrimination has been identified as a major stressor and influence on immigrant health. This study examined the role of perceived discrimination in relation to other factors, in particular, acculturation, in physical and mental health of immigrants and refugees. Data for US adults (18 +  years) were derived from the National Epidemiologic Survey on Alcohol and Related Conditions. Mental and physical health was assessed with SF-12. Acculturation and perceived discrimination were assessed with multidimensional measures. Structural equation models were used to estimate the effects of acculturation, stressful life effects, perceived discrimination, and social support on health among immigrants and refugees. Among first-generation immigrants, discrimination in health care had a negative association with physical health while discrimination in general had a negative association with mental health. Social support had positive associations with physical and mental health and mediated the association of discrimination to health. There were no significant associations between discrimination and health among refugees, but the direction and magnitude of associations were similar to those for first-generation immigrants. Efforts aiming at reducing discrimination and enhancing integration/social support for immigrants are likely to help with maintaining and protecting immigrants’ health and well-being. Further research using larger samples of refugees and testing moderating effects of key social/psychosocial variables on immigrant health outcomes is warranted. This study used multidimensional measures of health, perceived discrimination, and acculturation to examine the pathways between key social/psychosocial factors in health of immigrants and refugees at the national level. This study included possibly the largest national sample of refugees.

Details

Immigration and Health
Type: Book
ISBN: 978-1-78743-062-4

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Book part
Publication date: 19 May 2009

Cheryl L. Wade

Why do so many African Americans get stuck near the bottom or at the middle of the corporate ladder? Why do so many continue to complain about discriminatory pay and…

Abstract

Why do so many African Americans get stuck near the bottom or at the middle of the corporate ladder? Why do so many continue to complain about discriminatory pay and promotion decisions many decades after the enactment of anti-discrimination laws? Law and economics commentators who have written about the issue of employment discrimination have failed to address the complexity of the problem of implicit bias and the effects of the frequently inaccurate heuristics used by some white workers when making judgments about their black colleagues. Economic theory without context is useless. But with context, law and economic analysis can help us understand and address specific problems like workplace discrimination that persist within corporate cultures because of an overestimation of the cost of anti-discrimination efforts and an underestimation of the gravity and likelihood of workplace discrimination.

In this chapter, I explore the economic and socioeconomic reality of African American low and mid-level corporate managers in order to capture a more complete picture of the costs of discrimination in the corporate workplace. I also explore the heuristic assumptions that are made about African American professionals and the effects those assumptions have on the black community. Finally, to understand the gravity of the harm to individuals, their families and the communities to which they belong, narratives about the economic and psychological harm caused by discrimination are essential. I offer the narratives of six middle managers and low-level professionals who faced discrimination in the corporate workplace to provide an important context about discrimination's real costs.

Details

Law & Economics: Toward Social Justice
Type: Book
ISBN: 978-1-84855-335-4

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