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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

935

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.

Details

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

Keywords

Article
Publication date: 1 May 1998

Brian H. Kleiner

Presents a special issue, enlisting the help of the author’s students and colleagues, focusing on age, sex, colour and disability discrimination in America. Breaks the…

5330

Abstract

Presents a special issue, enlisting the help of the author’s students and colleagues, focusing on age, sex, colour and disability discrimination in America. Breaks the evidence down into manageable chunks, covering: age discrimination in the workplace; discrimination against African‐Americans; sex discrimination in the workplace; same sex sexual harassment; how to investigate and prove disability discrimination; sexual harassment in the military; when the main US job‐discrimination law applies to small companies; how to investigate and prove racial discrimination; developments concerning race discrimination in the workplace; developments concerning the Equal Pay Act; developments concerning discrimination against workers with HIV or AIDS; developments concerning discrimination based on refusal of family care leave; developments concerning discrimination against gay or lesbian employees; developments concerning discrimination based on colour; how to investigate and prove discrimination concerning based on colour; developments concerning the Equal Pay Act; using statistics in employment discrimination cases; race discrimination in the workplace; developments concerning gender discrimination in the workplace; discrimination in Japanese organizations in America; discrimination in the entertainment industry; discrimination in the utility industry; understanding and effectively managing national origin discrimination; how to investigate and prove hiring discrimination based on colour; and, finally, how to investigate sexual harassment in the workplace.

Details

Equal Opportunities International, vol. 17 no. 3/4/5
Type: Research Article
ISSN: 0261-0159

Keywords

Book part
Publication date: 7 November 2018

Kevin Stainback, Kendra Jason and Charles Walter

Organizational approaches to racial inequality have provided contextual insight into a host of traditional stratification outcomes (e.g., hiring, earnings, authority)…

Abstract

Organizational approaches to racial inequality have provided contextual insight into a host of traditional stratification outcomes (e.g., hiring, earnings, authority). This chapter extends the organizational approach by drawing on the health-stress framework to explore how organizational context affects experiential and health-related outcomes – discrimination, social support, and psychological distress. Drawing on a sample of Black workers in the United States, we examine the relationship between workplace racial composition and psychological distress, as well as two potential mediators – racial discrimination and workplace social support. Our findings reveal that psychological distress is similar for Black workers in token (<25% Black coworkers), tilted other race (25–49.99% Black coworkers), and tilted same race (50–74.99% Black coworkers) job contexts. Workers in Black-dominated jobs (>75% Black coworkers), however, experience significantly less psychological distress than other compositional thresholds, net of individual, job, and workplace characteristics. This relationship is not explained by either racial discrimination experiences or supervisor and coworker social support. This finding suggests that researchers need to theorize and examine other protective factors stemming from coworker racial similarity.

Article
Publication date: 1 March 1986

J.R. Carby‐Hall

The Sex Discrimination Act 1975 and the related Equal Pay Act 1970, and the Race Relations Act 1976 have not been consolidated by the Employment Protection (Consolidation…

1923

Abstract

The Sex Discrimination Act 1975 and the related Equal Pay Act 1970, and the Race Relations Act 1976 have not been consolidated by the Employment Protection (Consolidation) Act 1978. Each of the Acts treats sex and race discrimination in a general and broad sense. Both make similar provisions in connection with various aspects of discrimination in employment. Since one act is inspired by the other, the judicial precedent in sex discrimination cases will normally be followed in racial discrimination cases and vice versa. Both Acts are outlined and the grounds that constitute discrimination discussed as well as permissible discrimination. Enforcement of the Acts and liability is detailed. Discrimination in connection with trade union membership and activities is also examined. The right not to have action short of dismissal taken against the employee and remedies for action short of dismissal are discussed.

Details

Managerial Law, vol. 28 no. 3
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 19 February 2021

Hyounae (Kelly) Min and Jeff Joireman

The purpose of this study is to examine how customer race (Black vs White) influences the extent to which customers attribute an ambiguous service failure (i.e. subtle…

Abstract

Purpose

The purpose of this study is to examine how customer race (Black vs White) influences the extent to which customers attribute an ambiguous service failure (i.e. subtle degradation of service) to discrimination and how perceived discrimination relates to customer anger and on-site coping behaviors (vindictive complaining, problem-solving complaining and avoidance). This study further investigated how customer race affects the strength of relationships among perceived discrimination, anger and these three coping behaviors.

Design/methodology/approach

This study used a video-based simulation in which participants watched a subtle service failure from the customer’s viewpoint before completing a survey. A total of 421 participants – 210 Blacks and 211 Whites – were recruited through Qualtrics. Multigroup structural equation modeling (SEM) analysis was used to test hypotheses.

Findings

Compared with White customers, Black customers were more likely to attribute a service failure to discrimination and exhibited a stronger relationship between perceived discrimination and anger. In addition, increasing anger in White customers tended to lead to more active coping strategies (i.e. vindictive complaining, problem-solving complaining). For Black customers, increasing anger tended to lead to vindictive complaining at a similar level to White customers. However, the impact of anger on problem-solving complaining – known to be a more beneficial coping strategy – was stronger among White customers than among Black customers.

Practical implications

This study advances hospitality practitioners’ understanding of how customers respond on-site to a service failure that can be interpreted as discrimination. The varying effects of race on customer-coping behavior are also identified. In addition, this study offers practical advice to develop organizational strategies to dissuade customers from attributing service failure to discrimination and to respond effectively to customer-coping behaviors.

Originality/value

Complementing and extending past research documenting the prevalence and causes of racial discrimination in service settings, the present study advances prior work by developing and testing a comprehensive structural model linking race with coping responses via perceived discrimination and anger, and by exploring how race affects the strength of relationships among perceived discrimination, anger and coping strategies.

Details

International Journal of Contemporary Hospitality Management, vol. 33 no. 3
Type: Research Article
ISSN: 0959-6119

Keywords

Abstract

Details

Race Discrimination and Management of Ethnic Diversity and Migration at Work
Type: Book
ISBN: 978-1-78714-594-8

Article
Publication date: 1 May 2003

Shenglan Chai and Brian H. Kleiner

Reveals that there is still, in most US cities, deep segregation of the racial kind, even though this has improved over latter times. Posits that while racists seem to…

Abstract

Reveals that there is still, in most US cities, deep segregation of the racial kind, even though this has improved over latter times. Posits that while racists seem to have the power to decide who can live where and that real estate agents and federal housing official have only lent their support to this theme. States that racial segregation can be revealed by the use of zip codes in most areas. Sums up that mixed neighbourhoods with good amenities are most likely to remain stable, for both blacks and whites, and this should be promoted at every turn.

Details

Equal Opportunities International, vol. 22 no. 3
Type: Research Article
ISSN: 0261-0159

Keywords

Article
Publication date: 1 January 1987

J.R. Carby‐Hall

This substantial article begins with an examination of two important grounds of discrimination: sex discrimination governed by the Sex Discrimination Act 1975 (and the…

1426

Abstract

This substantial article begins with an examination of two important grounds of discrimination: sex discrimination governed by the Sex Discrimination Act 1975 (and the related Equal Pay Act 1970) and racial discrimination under the Race Relations Act 1976. Discussion is confined to the right not to be discriminated against and covers the detailed provisions of these acts in this respect, judicial precedents and important cases heard not only in the British courts but in the European Court of Justice. The third section of the article is about discrimination in connection with trade union membership and activities governed by the Employment Protection (Consolidation) Act 1978.

Details

Equal Opportunities International, vol. 6 no. 1
Type: Research Article
ISSN: 0261-0159

Keywords

Article
Publication date: 29 May 2018

Yuning Wu and Liqun Cao

The purpose of this paper is to propose and test a conceptual model that explains racially/ethnically differential confidence in order institutions through a mediating…

Abstract

Purpose

The purpose of this paper is to propose and test a conceptual model that explains racially/ethnically differential confidence in order institutions through a mediating mechanism of perception of discrimination.

Design/methodology/approach

This study relies on a nationally representative sample of 1,001 respondents and path analysis to test the relationships between race/ethnicity, multiple mediating factors, and confidence in order institutions.

Findings

Both African and Latino Americans reported significantly lower levels of confidence compared to White Americans. People who have stronger senses of being discriminated against, regardless of their races, have reduced confidence. A range of other cognitive/evaluative variables have promoted or inhibited people’s confidence in order institutions.

Research limitations/implications

This study relies on cross-sectional data which preclude definite inferences regarding causal relationships among the variables. Some measures are limited due to constraint of data.

Practical implications

To lessen discrimination, both actual and perceived, officials from order institutions should act fairly and impartially, recognize citizen rights, and treat people with respect and dignity. In addition, comprehensive measures involving interventions throughout the entire criminal justice system to reduce racial inequalities should be in place.

Social implications

Equal protection and application of the law by order institutions are imperative, so are social policies that aim to close the structural gaps among all races and ethnicities.

Originality/value

This paper takes an innovative effort of incorporating the currently dominant group position perspective and the injustice perspective into an integrated account of the process by which race and ethnicity affect the perception of discrimination, which, in turn, links to confidence in order institutions.

Details

Policing: An International Journal, vol. 41 no. 6
Type: Research Article
ISSN: 1363-951X

Keywords

Article
Publication date: 5 November 2010

Andre Honoree, David Terpstra and Jonn Friedl

This study aims to examine whether the diversity of the US federal judiciary has an influence on case outcomes in employment discrimination cases. Specifically, this paper…

2068

Abstract

Purpose

This study aims to examine whether the diversity of the US federal judiciary has an influence on case outcomes in employment discrimination cases. Specifically, this paper investigates if the gender and race of both judges and plaintiffs result in significantly different employment case outcomes in the US district court system.

Design/methodology/approach

A random sample of 657 federal employment discrimination cases from the last decade were analyzed utilizing chi square analysis testing combinatory and interaction effects of race and gender.

Findings

The results intimate that the demographic characteristics of judges and plaintiffs do have an effect on case outcomes. Specifically that different combinatory types and interactions of judges and plaintiffs are associated with different case outcomes.

Practical implications

These results could be useful to potential litigants in employment discrimination cases to assist employees and employers alike in the determination of their chances for success in the courtroom. Judges may also benefit from more information on possible biases and take steps to guard against being influenced by them.

Social implications

Such research focuses more attention on the fundamental principle of the American judicial system of fair and equal treatment for all. Furthermore, some findings have implications for the demographic composition of the US Supreme Court and other judiciary bodies where decisions are arrived at by a group.

Originality/value

Little to no research has examined the possible differences in case outcomes associated with different combinatory types of both judges and plaintiffs in employment discrimination cases.

Details

Equality, Diversity and Inclusion: An International Journal, vol. 29 no. 8
Type: Research Article
ISSN: 2040-7149

Keywords

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