Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Selected Works

Employment Discrimination/Civil Rights

Law and Economics

Articles 1 - 9 of 9

Full-Text Articles in Law

Protecting The Compromised Worker: : A Challenge For Employment Discrimination Law, Peter Siegelman Dec 2015

Protecting The Compromised Worker: : A Challenge For Employment Discrimination Law, Peter Siegelman

Peter Siegelman

Why do employment discrimination plaintiffs fare so poorly? Many explanations have been offered, but this essay suggests a new one: a substantial fraction of all plaintiffs are “compromised” workers, meaning that they have done something on the job that might plausibly justify the treatment about which they are complaining. As a matter of both doctrine and logic, compromised plaintiffs can be legitimate victims of discrimination. But they face substantial difficulties in proving that their employer relied on a prohibited characteristic in its treatment of them because, by definition, their behavior offers a plausibly legitimate explanation for their treatment. After demonstrating ...


The Compromised Worker And The Limits Of Employment Discrimination Law, Peter Siegelman Dec 2014

The Compromised Worker And The Limits Of Employment Discrimination Law, Peter Siegelman

Peter Siegelman

Why do employment discrimination plaintiffs fare so poorly? Many explanations have been offered, but this essay suggests a new one: a substantial fraction of all plaintiffs are “compromised” workers, meaning that they have done something on the job that might plausibly justify the treatment about which they are complaining. As a matter of both doctrine and logic, compromised plaintiffs can be legitimate victims of discrimination. But they face substantial difficulties in proving that their employer relied on a prohibited characteristic in its treatment of them because, by definition, their behavior offers a plausibly legitimate explanation for their treatment. After demonstrating ...


The Evolution Of Employment Discrimination Law In The 1990s: An Empirical Examination, John Donohue, Peter Siegelman Dec 2004

The Evolution Of Employment Discrimination Law In The 1990s: An Empirical Examination, John Donohue, Peter Siegelman

Peter Siegelman

Two major pieces of employment discrimination legislation were passed in the early 1990s: the 1991 Civil Rights Act and Americans with Disabilities Act. Using some simple regression models, we examine the effects of this legislation on the volume, content and outcomes of employment discrimination cases filed in federal courts. We find, first, that the volume of discrimination cases nearly doubled between 1992 and 1997, in contrast to a 10 percent decline during the previous 8 years, and despite a sharply falling unemployment rate that–in the past–would have substantially reduced the amount of litigation. We also observe a significant ...


Race And Radio: Preference Externalities, Minority Ownership, And The Underprovision Of Programming To Black And Hispanic Listeners., Peter Siegelman, Joel Waldfogel Dec 2000

Race And Radio: Preference Externalities, Minority Ownership, And The Underprovision Of Programming To Black And Hispanic Listeners., Peter Siegelman, Joel Waldfogel

Peter Siegelman

No abstract provided.


The Q-Word As Red Herring: Why Disparate Impact Liability Does Not Induce Hiring Quotas, Ian Ayres, Peter Siegelman Dec 1995

The Q-Word As Red Herring: Why Disparate Impact Liability Does Not Induce Hiring Quotas, Ian Ayres, Peter Siegelman

Peter Siegelman

No abstract provided.


Race And Gender Discrimination In Bargaining For A New Car, Ian Ayres, Peter Siegelman Dec 1994

Race And Gender Discrimination In Bargaining For A New Car, Ian Ayres, Peter Siegelman

Peter Siegelman

No abstract provided.


Shaky Grounds: The Case Against The Case Against Antidiscrimination Laws [Review Essay On Richard Epstein, Forbidden Grounds], Peter Siegelman Dec 1993

Shaky Grounds: The Case Against The Case Against Antidiscrimination Laws [Review Essay On Richard Epstein, Forbidden Grounds], Peter Siegelman

Peter Siegelman

No abstract provided.


Law And Macroeconomics: Employment Discrimination Litigation Over The Business Cycle, John Donohue, Peter Siegelman Dec 1992

Law And Macroeconomics: Employment Discrimination Litigation Over The Business Cycle, John Donohue, Peter Siegelman

Peter Siegelman

No abstract provided.


The Changing Nature Of Employment Discrimination Litigation, John Donohue, Peter Siegelman Dec 1990

The Changing Nature Of Employment Discrimination Litigation, John Donohue, Peter Siegelman

Peter Siegelman

No abstract provided.