Digital Commons Network^™

On The Trajectory Of Discrimination: A Meta-Analysis And Forecasting Survey Capturing 44 Years Of Field Experiments On Gender And Hiring Decisions, Helen C. Harton, Michael Schaerer, Christilene Du Plessis, My Hoang Bao Nguyen, Robbie C.M.Van Aert, Leo Tiokhin, Daniel Lakens, Elena Giulia Clemente, Thomas Pfeiffer, Anna Dreber, Magnus Johannesson, Cory J. Clark, Eric Luis Uhlmann

Faculty Publications

A preregistered meta-analysis, including 244 effect sizes from 85 field audits and 361,645 individual job applications, tested for gender bias in hiring practices in female-stereotypical and gender-balanced as well as male-stereotypical jobs from 1976 to 2020. A “red team” of independent experts was recruited to increase the rigor and robustness of our meta-analytic approach. A forecasting survey further examined whether laypeople (n = 499 nationally representative adults) and scientists (n = 312) could predict the results. Forecasters correctly anticipated reductions in discrimination against female candidates over time. However, both scientists and laypeople overestimated the continuation of bias against female candidates. …

Taking A Knee: Effect Of Nfl Player Protests On Subsequent Employment And Earnings, Christopher Jepsen, Lisa K. Jepsen

Faculty Publications

Protesters sometimes face penalties for their actions, but few papers have attempted to quantify these penalties. We investigate whether the subsequent salaries and employment status of NFL players who took a knee or sat during the national anthem during the 2017 season differed from similar players who did not. We find limited evidence that they were penalized in terms of employment during the 2018 or 2019 seasons. Conditional on employment, we find an insignificant relationship between protesting and log salaries.

Us Agricultural University Students' Mental Well-Being And Resilience During The First Wave Of Covid-19: Discordant Expectations And Experiences Across Genders, Mariah D. Ehmke, Bhagyashree Katare, Kristin Kiesel, Jason S. Bergtold, Jerrod M. Penn, Kathryn A. Boys

Faculty Publications

The coronavirus disease 2019 (COVID-19) pandemic's first wave led to declining mental health and life satisfaction outcomes for college students, especially women. While women in undergraduate agricultural programs outperformed men academically prior to and during the pandemic, the achievement may have come at personal cost, especially for those women with fewer personal and environmental resiliency resources. Our research objective was to expand on personal, social, and environmental factors linked with lower mental health and life satisfaction scores for students in agriculture during the pandemic. We measured the influence of such factors across gender-based mental health and life satisfaction outcomes. Our …

The Color Of Property And Auto Insurance: Time For Change, Jennifer B. Wriggins

Faculty Publications

Insurance company executives issued statements condemning racism and urging change throughout society and in the insurance industry after the huge Black Lives Matter demonstrations in summer 2020. The time therefore is ripe for examining insurance as it relates to race and racism, including history and current regulation. Two of the most important types of personal insurance are property and automobile. Part I begins with history, focusing on property insurance, auto insurance, race, and racism in urban areas around the mid-twentieth century. Private insurers deemed large areas of cities where African Americans lived to be “blighted” and refused to insure all …

Implicit Bias Training For Woke Faculty, Reshmi Dutt-Ballerstadt

Faculty Publications

Dr. Reshmi Dutt-Ballerstadt pens a satirical memo from higher education administrators to faculty regarding implicit bias training.

This essay originally appeared as part of Conditionally Accepted, a career advice blog for Inside Higher Ed providing news, information, personal stories, and resources for scholars who are, at best, conditionally accepted in academe. Conditionally Accepted is an anti-racist, pro-feminist, pro-queer, anti-transphobic, anti-fatphobic, anti-ableist, anti-ageist, anti-classist, and anti-xenophobic online community.

Not So Minor Feelings, Reshmi Dutt-Ballerstadt

Faculty Publications

This creative nonfiction essay by Reshmi Dutt-Ballerstadt about race, silencing, and families originally appeared in Entropy.

In Our Own Words: Institutional Betrayals, Reshmi Dutt-Ballerstadt

Faculty Publications

When Dr. Reshmi Dutt-Ballerstadt, professor of English at Linfield College, asked a large group of underrepresented faculty members why they left their higher education institutions, they told her the real reasons for their departures — those that climate surveys don't capture.

This essay originally appeared as part of Conditionally Accepted, a career advice blog for Inside Higher Ed providing news, information, personal stories, and resources for scholars who are, at best, conditionally accepted in academe. Conditionally Accepted is an anti-racist, pro-feminist, pro-queer, anti-transphobic, anti-fatphobic, anti-ableist, anti-ageist, anti-classist, and anti-xenophobic online community.

Discrimination, Coping, And Social Exclusion Among African Immigrants In The United States: A Moderation Analysis, Sherinah K. Saasa

Faculty Publications

This cross-sectional study examined coping strategies as moderators of the relationship between perceived discrimination and social exclusion among African immigrants in the United States (N = 409). Moderation models using path analyses were conducted to examine the moderating effects of three coping strategies (active coping, use of instrumental support, and religious coping) on the relationship between discrimination and four dimensions of social exclusion: (1) material deprivation, (2) limited access to basic social rights, (3) limited social participation, and (4) insufficient cultural integration. Increases in perceived discrimination were associated with increased social exclusion on all four dimensions. Increased use of active …

What Genetic Testing Teaches About Long-Term Predictive Health Analytics Regulation, Sharona Hoffman

Faculty Publications

The ever-growing phenomenon of predictive health analytics is generating significant excitement, hope for improved health outcomes, and potential for new revenues. Researchers are developing algorithms to predict suicide, heart disease, stroke, diabetes, cognitive decline, future opioid abuse, and other ailments. The researchers include not only medical experts, but also commercial enterprises such as Facebook and LexisNexis, who may profit from the work considerably. This Article focuses on long-term disease predictions (predictions regarding future illnesses), which have received surprisingly little attention in the legal and ethical literature. It compares the robust academic and policy debates and legal interventions that followed the …

Effects Of Exposure To Alcohol-Related Cues On Racial Discrimination, Elena V. Stepanova, Bruce D. Bartholow, J. Scott Saults, Ronald S. Friedman

Faculty Publications

Prior research has shown that exposure to alcohol‐related images exacerbates expression of implicit racial biases, and that brief exposure to alcohol‐related words increases aggressive responses. However, the potential for alcohol cue exposure to elicit differential aggression against a Black (outgroup) relative to a White (ingroup) target—that is, racial discrimination—has never been investigated. Here, we found that White participants (N = 92) exposed to alcohol‐related words made harsher judgments of a Black experimenter who had frustrated them than participants who were exposed to nonalcohol words. These findings suggest that exposure to alcohol cues increases discriminatory behaviors toward Blacks.

Religious Discrimination Scale: Development And Initial Psychometric Evalutation, Kawika Allen, Kenneth T. Fuller, P. Scott Richards, Mason Ming, Han Na Suh

Faculty Publications

This study presents the development and initial psychometric evaluation of the Religious Discrimination Scale (RDS). This 11-item instrument identified three dimensions based on perceived discrimination experiences of members of The Church of Jesus Christ of Latter-day Saints (LDS): Perceived Prejudice, Closet Symptoms, and Negative Labels. The psychometric evaluations of the RDS indicated a strong and clear factor structure as well as good internal consistency reliability. The test of measurement and structural invariance across gender also suggested that the RDS scale is equally appropriate to be used with both men and women. Implications for practice and research as well as future …

The Affirmative Action Policy: A Tale Of Two Nations And The Implementation Conundrum, Kwame B. Antwi-Boasiako

Faculty Publications

The enforcement of affirmative action programs such as quotas has not only generated endless debate in many countries but has also encountered resistance from those, usually conservatives, who question the fairness of such a program or policy. Brazil and the United States of America are two of the destinations for enslaved people of African descent who were, on their arrival to their new countries, treated as second-class citizens and had to endure institutional, political, and legalized structural racism and discrimination in high education. This paper provides some of the definitions of affirmative action found in the literature and discusses the …

A New American Dream For Detroit, Andrea Boyack

Faculty Publications

The problem of neighborhood deterioration is keenly visible in Detroit today, but Detroit’s housing struggles are not unique. Like most of America, the Detroit metropolitan area is racially fragmented, and minority neighborhoods are the most likely to be impoverished and failing. Detroit’s problems of housing abandonment and neighborhood decay are both caused and exacerbated by decades of housing segregation and inequality. The “American Dream” has always been one of equal opportunity, but there can be no equality of opportunity when there is such stark inequality among home environments. Detroit’s neighborhood decline is a symptom of the city’s population loss and …

Cognitive Phenotypes And The Evolution Of Animal Decisions, Tamra C. Mendelson, Courtney L. Fitzpatrick, Mark E. Hauber, Charles H. Pence, Rafael L. Rodríguez, Rebecca J. Safran, Caitlin A. Stern, Jeffrey R. Stevens

Faculty Publications

Despite the clear fitness consequences of animal decisions, the science of animal decision making in evolutionary biology is underdeveloped compared with decision science in human psychology. Specifically, the field lacks a conceptual framework that defines and describes the relevant components of a decision, leading to imprecise language and concepts. The ‘judgment and decision-making’ (JDM) framework in human psychology is a powerful tool for framing and understanding human decisions, and we apply it here to components of animal decisions, which we refer to as ‘cognitive phenotypes’. We distinguish multiple cognitive phenotypes in the context of a JDM framework and highlight empirical …

Response To Keeping Cases From Black Juries: An Empirical Analysis Of How Race, Income Inequality, And Regional History Affect Tort Law, Jennifer Wriggins

Faculty Publications

Issues of race and racism in the U.S. torts system continue to deserve much more attention from legal scholarship than they receive, and Keeping Cases from Black Juries is a valuable contribution. Studying racism as it infects the torts system is difficult because explicit de jure exclusions of black jurors are in the past; race is no longer on the surface of tort opinions; and court records do not reveal the race of tort plaintiffs, defendants, or jurors. Yet it is essential to try and understand the workings of race and racism in the torts system. The authors pose a …

Introducing The 'New Handshake' To Expand Remedies And Revive Responsibility In Ecommerce, Amy J. Schmitz

Faculty Publications

There was a time when individuals would meet in person to make purchases and do deals. They would discuss the terms, assess the trustworthiness and character of their contracting partners, and conclude the deal with a handshake. The handshake helped ensure the enforcement of the deal without need for the rule of law or legal power. That handshake was one’s bond — it was a personal trust mark. With the emergence of eCommerce, however, that handshake has nearly disappeared along with the sense of responsibility it inspired. Accordingly, this article discusses how this has impacted consumers’ access to remedies regarding …

The Need For A Law Of Church And Market, Nathan B. Oman

Faculty Publications

This Essay uses Helfand and Richman’s fine article to raise the question of the law of church and market. In Part I, I argue that the question of religion’s proper relationship to the market is more than simply another aspect of the church-state debates. Rather, it is a topic deserving explicit reflection in its own right. In Part II, I argue that Helfand and Richman demonstrate the danger of creating the law of church and market by accident. Courts and legislators do this when they resolve questions religious commerce poses by applying legal theories developed without any thought for the …

Reality’S Bite, Kerri Lynn Stone

Faculty Publications

The realities of the workplace have been captured by years of socio-scientific, industrial organizational, and other psychological research. Human behavior and thought, interpersonal dynamics, and organizational behavior, with all of their nuances and fine points, are now better understood than they have ever been before, but unless they are used to inform and buttress the rules of law and interpretations promulgated by courts, Title VII’s ability to successfully regulate the workplace to rid it of discrimination will be threatened. This article expands upon that premise, lamenting judges, and specifically justices having eschewed available research and other insights into workplace realities, …

The Transgender Military Experience: Their Battle For Workplace Rights, Michelle Dietert, Dianne Dentice

Faculty Publications

Although there have been studies that focus on the experiences of the gay and lesbian population serving in the United States military, few have focused on the experience of active duty transgender service members. Transgender individuals transgress the binary conception of gender by deviating from societal gender norms associated with assigned sex at birth. The Department of Defense has set policies and standards that reflect a binary conception of gender, with a focus on conformity. We argue that able-bodied gender variant service personnel are just as capable of serving their country as anyone else. Because of the repercussions associated with …

The Issue Class, Joseph Seiner

Faculty Publications

In 2011, in Wal-Mart Stores, Inc. v. Dukes, the Supreme Court refused to certify a proposed class of one and a half million female workers who had alleged that the nation’s largest private employer had discriminated against them on the basis of their sex. The academic response to the case has been highly critical of the Court’s decision. This Article does not weigh in on the debate of whether the Court missed the mark. Instead, this Article addresses a more fundamental question that has gone completely unexplored: what is the best tool currently available for workers to pursue systemic employment …

Modernizing The Emergency Medical Treatment & Labor Act To Harmonize With The Affordable Care Act To Improve Equality, Quality And Cost Of Emergency Care, Katharine A. Van Tassel

Faculty Publications

The Emergency Medical Treatment and Active Labor Act (EMTALA) is a federal statute passed almost 30 years ago which was designed to ensure equal access to emergency treatment and to halt the practice of “patient dumping.” Patient dumping is a situation where some patients—typically uninsured, disabled, and minority individuals—receive inferior emergency medical care or are denied emergency medical treatment altogether. The goal of EMTALA is to ensure that everyone coming to the emergency room will receive equal care.

Unfortunately, despite EMTALA, the practice of patient dumping has continued to this day. The most recent case in the news is the …

Fitting The Forum To The Pernicious Fuss: A Dispute System Design To Address Implicit Bias And 'Isms In The Workplace, Elayne E. Greenberg

Faculty Publications

This paper proposes a dispute system design to address workplace discrimination caused by implicit biases so that employees and employers involved in such disputes can secure a more responsive justice than existing legal processes are able to provide. Workplace discrimination caused by implicit bias conties to contaminate our work environment despite our focused legal efforts to combat such overt "isms" as sexism, racism, ageism, and ableism. Although overt expressions of bias have significantly decreased in recent years, expressions of implicit bias, the primary cause of workplace discrimination, persists.

This paper extends the research on implicit bias to dispute system design …

Lessons From The Dolphins/Richie Incognito Saga, Kerri Lynn Stone

Faculty Publications

No abstract provided.

Weather Permitting: Incrementalism, Animus, And The Art Of Forecasting Marriage Equality After U.S. V. Windsor, Jeremiah A. Ho

Faculty Publications

Within LGBT rights, the law is abandoning essentialist approaches toward sexual orientation by incrementally de-regulating restrictions on identity expression of sexual minorities. Simultaneously, same-sex marriages are become increasingly recognized on both state and federal levels. This Article examines the Supreme Court’s recent decision, U.S. v. Windsor, as the latest example of these parallel journeys. By overturning DOMA, Windsor normatively revises the previous incrementalist theory for forecasting marriage equality’s progress studied by William Eskridge, Kees Waaldijk, and Yuval Merin. Windsor also represents a moment where the law is abandoning antigay essentialism by using animus focused jurisprudence for lifting the discrimination against …

Love And Civil Rights, Ediberto Román

Faculty Publications

Despite western legal scholars' almost universal rejection of the use of emotions in legal analysis, the unquestionable greatest social activist and grassroots legal reformer of our times, and perhaps one of the greatest in the annals of time, Rev. Dr. Martin Luther King, understood a basic yet profound fact concerning societal change - the transformative power of love. During the era where he achieved the greatest influence, Dr. King knew that societal-wide change could not occur without transforming the American psyche on the basic fairness of the civil rights struggle. This civil rights struggle, which is now so closely associated …

Females On The Fringe: Considering Gender In Payday Lending Policy, Amy J. Schmitz

Faculty Publications

Payday lending may provide a much-needed safety net for some consumers in need of quick cash for emergencies. However, data suggest that most payday loan borrowers become repeat users caught in a cycle of high-cost debt. Furthermore, empirical evidence indicates consistent overrepresentation of women, including many single mothers, among payday loan borrowers. This takes a toll not only on these women and their families, but also on society as a whole. Indeed, context matters in payday lending debates. It is thus time to think creatively and consider contextualized programs that aim to increase women’s and all consumers’ safe borrowing options, …

Secret Consumer Scores And Segmentations: Separating Consumer 'Haves' From 'Have-Nots', Amy J. Schmitz

Faculty Publications

“Big Data” is big business. Data brokers profit by tracking consumers’ information and behavior both on- and offline and using this collected data to assign consumers evaluative scores and classify consumers into segments. Companies then use these consumer scores and segmentations for marketing and to determine what deals, offers, and remedies they provide to different individuals. These valuations and classifications are based on not only consumers’ financial histories and relevant interests, but also their race, gender, ZIP Code, social status, education, familial ties, and a wide range of additional data. Nonetheless, consumers are largely unaware of these scores and segmentations, …

Sex Matters: Considering Gender In Consumer Contracts, Amy J. Schmitz

Faculty Publications

We hear about the so-called “War on Women” and persisting salary gaps between men and women in the popular media, but contracts scholars and policymakers rarely discuss gender. Instead, dominant voices in the contracts field often reflect classical and economics-driven theories built on assumptions of gender neutral and economically rational actors. Furthermore, many mistakenly assume that market competition and antidiscrimination legislation address any improper biases in contracting. This Article therefore aims to shed light on gender’s importance by distilling data from my own e-survey of Colorado consumers along with others’ research regarding gender differences in contract outcomes, interests and behaviors. …

Decoding Civility, Kerri Lynn Stone

Faculty Publications

If women outnumber men in graduate schools and are entering professional and other workplaces in unprecedented numbers, and if Title VII has aimed to eradicate workplace discrimination for almost fifty years, why are women still so woefully underrepresented at the highest levels of power, leadership, wealth, and prestige in the contemporary workplace? This Article is about abusive speech in the workplace. It explores how the expression of bias in the workplace has evolved and been shaped by anti-discrimination legislation and jurisprudence. It identifies a category of biased speech that eludes prosecution under Title VII. Moreover, this Article seeks to provide …

School Racial Composition And Race/Ethnic Differences In Early Adulthood Health, Bridget J. Goosby, Katrina M. Walsemann

Faculty Publications

We investigate whether school racial composition is associated with racial and ethnic differences in early adult health. We then examine whether perceived discrimination, social connectedness, and parent support attenuates this relationship. Using U.S. data from Wave I and IV of the National Longitudinal Survey of Adolescent Health, we found that black adolescents attending predominantly white schools reported poorer adult health while Asians reported better health. Further research is warranted to understand whether there are qualitative differences in the treatment of racial and ethnic minorities within certain school contexts and how that differential treatment is related to adult health outcomes.