Social and Behavioral Sciences Commons^™

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 …

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.

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.