Social and Behavioral Sciences Commons^™

Estimating The Effects Of The Ada Amendments Act On The Hiring And Termination Of Individuals With Disabilities, Using New Disability Categorizations, Patrick Button, Philip Armour, Simon Hollands

Upjohn Institute Working Papers

Disability discrimination laws are often used to potentially increase employment for individuals with disabilities. However, legal theory and empirical economics research do not provide conclusive answers as to how expansions in disability discrimination laws affect economic outcomes, namely hiring rates, for individuals with disabilities. We estimate the effect of the ADA Amendments Act (ADAAA) on employment transitions: hirings and terminations for individuals with disabilities relative to those without disabilities. To calculate employment transitions, we use data from the Survey of Income and Program Participation (SIPP). We also use the SIPP to develop additional measures and categorizations of disability based on …

Maternity Rights: A Comparative View Of Mexico And The United States, Roberto Rosas

The Scholar: St. Mary's Law Review on Race and Social Justice

Women play a large role in the workplace and require additional protection during pregnancy, childbirth, and while raising children. This article compares how Mexico and the United States have approached the issue of maternity rights and benefits. First, Mexico provides eighty-four days of paid leave to mothers, while the United States provides unpaid leave for up to twelve weeks. Second, Mexico allows two thirty-minute breaks a day for breastfeeding, while the United States allows a reasonable amount of time per day to breastfeed. Third, Mexico provides childcare to most federal employees, while the United States provides daycares to a small …

Singapore Will Soon Have Workplace Anti-Discrimination Laws: Here’S What You Need To Know, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

Work is often a significant part of one’s life. Decisions by employers — including hiring decisions and choices on how to treat employees at work — can have life-changing effects on lives and livelihoods. Therefore, if there were reason to suspect that some employers make such decisions on the grounds of applicants’ or employees’ race, sex, or other personal characteristics without a valid reason, then we should be worried. If that were to become widespread, our society would suffer. Some people would face greater challenges than others at work, and therefore in life, merely because of who they are.

Race, Dignity, And Commerce, Lu-In Wang

Articles

This Essay was written at the invitation of the Journal of Law and Commerce to contribute a piece on racism and commerce—an invitation that was welcome and well timed. It arrived as renewed attention was focused on racialized policing following the killing of George Floyd and in the midst of the worsening pandemic that highlighted unrelenting racial, social, and economic inequities in our society.

The connections between racism and commerce are potentially numerous, but the relationship between discriminatory policing and commerce might not be apparent. This Essay links them through the concept of dignity. Legal scholar John Felipe Acevedo has …

Changing The Narrative: How People With Disabilities Overcome Discrimination In Employment Settings, Gabrielle Holloway

Master of Social Work Clinical Research Papers

This research assessed the research question of how people with disabilities overcome barriers of discrimination in employment settings. The introduction focused on the overall impact of societal discrimination towards people with disabilities. The literature review narrowed the discrimination focus to how that discrimination arises in employment settings for people with disabilities and how it negatively impacts their opportunity to find work, and advance in competitive career settings. The literature also discussed the benefits of hiring people with disabilities which included factors related to reliable, hardworking, and unique perspective to use for workplace collaboration and discussion. A conceptual framework of the …

Violent Splits Or Healthy Divides? Coping With Injustice Through Faultlines, Katerina Bezrukova, Chester S. Spell, Jamie L. Perry

Jamie Perry

In 2 studies, we investigated how groups with strong divisions may, paradoxically, help members to cope with injustice. We tested our theoretical predictions using a survey methodology and data from 57 (Study 1) and 36 (Study 2) workgroups across different industries. Consistent with our hypotheses, we found that group faultlines weakened the positive relationship between perceived interpersonal injustice and psychological distress. Cooperative behaviors within subgroups mediated the interactive effect of faultlines and injustice with psychological distress.

The Need For Social Work Advocacy To Create Social Justice For Transgender People: A Call To Action, Justin Lerner, Gabriel Robles

The Journal of Sociology & Social Welfare

Transgender people in the United States experience high levels of employment discrimination. The Employment Nondiscrimination Act (ENDA) is one mechanism that would provide basic workplace protections for this population. We argue, however, that passage of ENDA is only one of many preliminary steps to help transgender people experience an essential basic version of social justice. Using Bonnycastle's (2011) social justice relational illustrative model, we develop a conceptual framework that argues that social workers need to advocate for transgender people on a policy level in order to move them from their current nonexistent version of social justice to a basic version …

Canadians’ Attitudes Toward Immigrants Who Claim Employment Discrimination, Natalia Lapshina

Electronic Thesis and Dissertation Repository

This dissertation examined how prejudice may operate in the treatment of immigrants when they claim workplace discrimination. In line with the Justification-Suppression Model of the Expression of Prejudice (JSM; Crandall & Eshleman, 2003), I expected more negative attitudes toward an immigrant claimant from a dissimilar culture (Iran) compared to an immigrant claimant from a similar culture (Britain) and a second generation Iranian Canadian. All three studies utilized experimental design. The results of Study 1 demonstrated that the Iranian claimant was especially likely to be seen as not having experienced discrimination, more deserving of and responsible for the dismissal, and was …

Latino Professionals’ Views On Employment Discrimination Towards The Latino Immigrant Community, Anali Crispin Ballesteros

Master of Social Work Clinical Research Papers

The purpose of this research study was to identify the causes and negative effects of employment discrimination towards Latino immigrants. Using a qualitative design the researcher interviewed nine Latino professionals on their views of employment discrimination towards Latino immigrants. Additionally, the participants have worked with the Latino immigrant community, have experienced employment discrimination themselves or know Latino immigrants who have experienced employment discrimination. The researcher analyzed data by looking for themes. Themes have been noted and compared to the literature review that has been collected on this topic. Transcripts were analyzed and reviewed to ensure validity and credibility. The findings …

Estimating Hispanic-White Wage Gaps Among Women: The Importance Of Controlling For Cost Of Living, Peter Mchenry, Melissa Mcinerney

Upjohn Institute Working Papers

Despite concern regarding labor market discrimination against Hispanics, previously published estimates show that Hispanic women earn higher hourly wages than white women with similar observable characteristics. This estimated wage premium is likely biased upwards because of the omission of an important control variable: cost of living. We show that Hispanic women live in locations (e.g., cities) with higher costs of living than whites. After we account for cost of living, the estimated Hispanic-white wage differential for non-immigrant women falls by approximately two-thirds. As a result, we find no statistically significant difference in wages between Hispanic and white women in the …

On Not 'Having It Both Ways' And Still Losing: Reflections On Fifty Years Of Pregnancy Litigation Under Title Vii, Deborah L. Brake

Articles

This article, published in the B.U. Law Review Symposium issue, “The Civil Rights Act of 1964 at 50: Past, Present and Future,” reflects on the past fifty years of conflict and struggle over how to treat pregnancy discrimination under Title VII. Pregnancy has played a pivotal role in debates among feminist legal scholars and women’s rights advocates about the limitations of both the equal treatment and special treatment anti-discrimination frameworks. The article’s title references the much-discussed Wendy W. Williams cautionary note that if we cannot have it “both ways” we need to decide which way we want to have it …

Gender And Business Outcomes Of Black And Hispanic New Entrepreneurs In The United States, Marie T. Mora, Alberto Davila

Economics and Finance Faculty Publications and Presentations

In light of the growing numbers of women of color in the entrepreneurial sector in the United States, employing public-use microdata from the 2007 Survey of Business Owners, this study finds that new firms owned by black and Hispanic women were more likely to cease operations than those owned by their male counterparts or by non-Hispanic whites, even when controlling for other owner- and firm-level characteristics and labor market conditions. These differences occurred despite the existence of public programs designed to help female and minority entrepreneurs, raising the question of efficiency of the current policy infrastructure in the United States.

Retaliation In An Eeo World,, Deborah L. Brake

Articles

This Article examines how the prevalence of internal policies and complaint procedures for addressing discrimination in the workplace are affecting legal protections from retaliation. Retaliation has been an unusually active field of law lately. The Supreme Court’s heightened interest in taking retaliation cases in recent years has highlighted the central importance of retaliation protections to the integrity of discrimination law. The Court’s string of plaintiff victories in retaliation cases has earned it the reputation as a pragmatic, pro-employee Court when it comes to retaliation law. However, this view does not account for the proliferation and influence of employer EEO policies …

Tortifying Retaliation: Protected Activity At The Intersection Of Fault, Duty, And Causation, Deborah L. Brake

Articles

In University of Texas Southwestern Medical Center v. Nassar, the Supreme Court broke its string of plaintiff victories in the eight retaliation cases it has decided since 2005. In its 2013 decision in that case, the Court rejected a mixed motive framework for Title VII’s retaliation provision, a part of the statute that Congress did not amend in 1991 when it adopted the motivating factor standard for proving discrimination under Title VII. For help construing what “because of” means in the retaliation claim, the Court looked to tort law, which it read as requiring plaintiffs to prove but-for causation …

Introduction To The Workplace Constitution From The New Deal To The New Right, Sophia Z. Lee

All Faculty Scholarship

Today, most American workers do not have constitutional rights on the job. As The Workplace Constitution shows, this outcome was far from inevitable. Instead, American workers have a long history of fighting for such rights. Beginning in the 1930s, civil rights advocates sought constitutional protections against racial discrimination by employers and unions. At the same time, a conservative right-to-work movement argued that the Constitution protected workers from having to join or support unions. Those two movements, with their shared aim of extending constitutional protections to American workers, were a potentially powerful combination. But they sought to use those protections to …

The Interlocking Oppressions Of Employment-Related Discrimination For Internationally Trained Engineers In Canada, Ferzana Chaze, Usha George

Faculty Publications and Scholarship

Social work has a long history of engagement with immigrants and refugees. However, the demographic profile of immigrants to Canada and their needs are changing. The past few decades have seen an increase in the numbers of highly educated professional immigrants from non-traditional countries of immigration. Though not typically thought of in the social work profession as a vulnerable population, this group faces multiple oppressions in Canada. This article reports on the findings of 20 in-depth interviews with internationally trained engineers and their experiences of discrimination either while searching for work, or in the workplace after employment was secured. Two …

Employment Discrimination And The Assumption Of Equality, Michael Evan Gold

Michael Evan Gold

The assumption of equality undergirds the American law of employment discrimination. The assumption is that racial and sexual classes are equally qualified for jobs. Although it has sometimes been ignored, and can be rebutted in a specific case, the assumption of equality is fundamental to the law of nondiscrimination. Proof of discrimination in a class action, whether based on disparate treatment or disparate impact, requires the assumption. The assumption is so strong in this context that when the Supreme Court weakened it recently, Congress promptly reinforced it. The assumption of equality is also a crucial element of the law of …

Managerial Judging And Substantive Law, Tobias Barrington Wolff

All Faculty Scholarship

The figure of the proactive jurist, involved in case management from the outset of the litigation and attentive throughout the proceedings to the impact of her decisions on settlement dynamics -- a managerial judge -- has displaced the passive umpire as the dominant paradigm in the federal district courts. Thus far, discussions of managerial judging have focused primarily upon values endogenous to the practice of judging. Procedural scholarship has paid little attention to the impact of the underlying substantive law on the parameters and conduct of complex proceedings.

In this Article, I examine the interface between substantive law and managerial …

Recruitment Discrimination Against Middle Eastern People In Western Australia : The Case Of Accountants, Tiny Pinkerton

Theses : Honours

The population of all Western countries are ageing and humanitarian efforts saw increasing numbers of people from Middle Eastern origin settle in Australia. Whilst older people are encouraged to remain in paid employment longer, it is not clear whether Middle Eastern people and the older population are as readily hired as are Anglo Australians and the younger population. Pairs of fictitious, unsolicited job applications were used to test for age and racial discrimination of Middle Eastern people in the Western Australian labour market. The study employed a 2 x 2 between subjects design with race (Anglo Australian and Middle Eastern) …

Soul Of A Woman: The Sex Stereotyping Prohibition At Work, Kimberly A. Yuracko

Faculty Working Papers

In 1989 the Supreme Court in Price Waterhouse v. Hopkins declared that sex stereotyping was a prohibited from of sex discrimination at work. This seemingly simple declaration has been the most important development in sex discrimination jurisprudence since the passage of Title VII. It has been used to extend the Act's coverage and protect groups that were previously excluded. Astonishingly, however, the contours, dimensions and requirements of the prohibition have never been clearly articulated by courts or scholars. In this paper I evaluate four interpretations of what the sex stereotyping prohibition might mean in order to determine what it actually …

Gender Bias In Employment Contexts: A Closer Examination Of The Role Incongruity Principle, Crystal L. Hoyt

Jepson School of Leadership Studies articles, book chapters and other publications

This research extends the role incongruity analysis of employment-related gender bias by investigating the role of dispositional and situational antecedents, specifically political ideology and the salience of cues to the traditional female gender role. The prediction that conservatives would show an anti-female candidate bias and liberals would show a pro-female bias when the traditional female gender role is salient was tested across three experimental studies. In Study 1, 126 participants evaluated a male or a female job applicant with thoughts of the traditional female gender role activated or not. Results showed that when the gender role is salient, political ideology …

The Expression Of Religious Bias In The Evaluation Of Foreign-Trained Job Applicants, Caroline Bennett-Abuayyash

Electronic Thesis and Dissertation Repository

This dissertation compromises 2 experiments that investigated religious discrimination as it particularly affects foreign-trained job applicants. Study 1 consisted of a 3 (Applicant’s religion: Christian, Muslim, or No Affiliation) X 2 (Applicant’s location of training: Canada or Cyprus) between-subjects design. After viewing an advertisement for a health-care position, Canadian participants reviewed a male applicant’s CV and watched his taped interview, in which a briefly visible pendant indicated his religious affiliation. The job applicant was then evaluated on two sets of skills: hard (technical) skills and soft (non-technical) skills. As predicted based on the justification suppression model of prejudice (Crandall & …

Disparate Impact Realism, Amy L. Wax

All Faculty Scholarship

In Ricci v. DeStefano, 129 S. Ct. 2658 (2009), the Supreme Court recently reaffirmed the doctrine, first articulated by the Court in Griggs v. Duke Power Company, 401 U.S. 424 (1971), that employers can be held liable under Title VII of the 1964 Civil Rights Act for neutral personnel practices with a disparate impact on minority workers. The Griggs Court further held that employers can escape liability by showing that their staffing practices are job related or consistent with business necessity.

In the interim since Griggs, social scientists have generated evidence undermining two key assumptions behind that decision and its …

Exploring Process Dissociation As A Tool For Investigating Discrimination In Hiring Situations, Rhys J. Lewis

Electronic Thesis and Dissertation Repository

Process dissociation is introduced as a way to overcome methodological limitations currently hindering sexism research. Researchers have identified two main types of sexism in hiring contexts. Meta-analyses confirm that men are traditionally advantaged over women (Tosi & Einbender, 1985), and that both genders encounter discrimination when applying to a job typically associated with the other gender (Davison & Burke, 2000). One problem is that these two biases are often confounded. As a result, researchers have hitherto been limited to showing that the two biases exist, but are largely unable to quantify them.

A possible solution might be process dissociation. It …

A Moral Contractual Approach To Labor Law Reform: A Template For Using Ethical Principles To Regulate Behavior Where Law Failed To Do So Effectively, Zev J. Eigen, David S. Sherwyn

Faculty Working Papers

If laws cease to work as they should or as intended, legislators and scholars propose new laws to replace or amend them. This paper posits an alternative—offering regulated parties the opportunity to contractually bind themselves to behave ethically. The perfect test-case for this proposal is labor law, because (1) labor law has not been amended for decades, (2) proposals to amend it have failed for political reasons, and are focused on union election win rates, and less on the election process itself, (3) it is an area of law already statutorily regulating parties' reciprocal contractual obligations, and (4) moral means …

Judges' Gender And Employment Discrimination Cases: Emerging Evidence-Based Empirical Conclusions, Pat K. Chew

Articles

This article surveys the emerging empirical research on the relationship between the judges' gender and the results in employment discrimination cases.

Arbitral And Judicial Proceedings: Indistinguishable Justice Or Justice Denied?, Pat K. Chew

Articles

This is an exploratory study comparing the processes and outcomes in the arbitration and the litigation of workplace racial harassment cases. Drawing from an emerging large database of arbitral opinions, this article indicates that arbitration outcomes yield a lower percentage of employee successes than in litigation of these types of cases. At the same time, while arbitration proceedings have some of the same legal formalities (legal representation, legal briefs), they do not have other protective procedural safeguards.

Culture Matters: America’S African Diaspora And Labor Market Outcomes, Patrick Leon Mason

Patrick L. Mason

This paper contrasts the explanatory power of the mono-cultural and diversity models of racial disparity. The mono-cultural model ignores nativity and ethnic differences among African Americans. The diversity model assumes that culture affects both intra- and interracial labor market disparity. The diversity model seeks to enhance our ability to understand the relative merits of culture versus market discrimination as determinants of racial inequality in labor market outcomes. Our results are consistent with the diversity model of racial inequality. Specifically, racial disparity consists of the following outcomes: 1) persistent racial wage and employment effects between both native and immigrant African Americans …

Identity Matters: Inter- And Intra-Racial Disparity And Labor Market Outcomes, Patrick Leon Mason

Patrick L. Mason

Standard econometric analysis of African American – white inequality incorporates racial classification as an exogenous binary variable. This approach masks identity differences among African Americans: empirically obfuscating the relative importance of racial self-identity and clouding our ability to understand the relative importance of unobserved productivity-linked attributes versus market discrimination as determinants of racial inequality in labor market outcomes. Our examination of identity heterogeneity among African Americans suggests racial wage disparity is most consistent with weak colorism, while genotype disparity best describes racial employment differences. Further, among African Americans, the wage data are not consistent with the hypothesis that black-mixed race …

The Language Of Consent In Police Encounters, Janice Nadler, J.D. Trout

Faculty Working Papers

In this chapter, we examine the nature of conversations in citizen-police encounters in which police seek to conduct a search based on the citizen's consent. We argue that when police officers ask a person if they can search, citizens often feel enormous pressure to say yes. But judges routinely ignore these pressures, choosing instead to spotlight the politeness and restraint of the officers' language and demeanor. Courts often analyze the language of police encounters as if the conversation has an obvious, context-free meaning. The pragmatic features of language influence behavior, but courts routinely ignore or deny this fact. Instead, current …