Intergroup conflict,law, and the concept of labor market discrimination

This article begins by reviewing problems that arise in attempts to operationalize standard social scientific definitions of labor market discrimination. It then argues that some of these problems occur because conventional studies of discrimination pay insufficient attention to the role of cultural contests and social and political conflict in disputes over what constitutes fair treatment in the labor market. It proposes a way to reconceptualize labor market discrimination that takes conflict into account and suggests that much could be learned about labor market discrimination by examining how such conflict is expressed in legal disputes occurring under the equal employment opportunity laws. The examination of such conflict also provides a way to link political struggle with labor market outcomes.This is a revised version of a paper presented at the 1988 annual meeting of the Law and Society Association.     

‘A Blinding Lack of Progress’: Management Rhetoric and Affirmative Action

In this study we explore how versions of organizational reality and gender are constructed in management discourse and whether such patterns change over time. Specifically, we examine management explanations and accounts of the gendered nature of their organizations through their commentaries on their affirmative action programmes. In Australia private sector organizations with 100 or more employees are required to report to government on their affirmative action programmes for women. In these documents, management representatives outline objectives for the coming year and report on their progress in reducing employment‐related barriers for women. In doing so they account for the ‘problem’ of gender‐based discrimination that affirmative action is designed to address, justify their actions (or lack of action) and reproduce versions of gendered identity. Thus we use affirmative action reporting as cases of management rhetoric to explore how aspects of gender and organization are constructed, taken for granted, challenged or problematized. Comparing reports from the hospitality sector over a 14‐year period, we explore whether there is any evidence of discursive change in management accounts of the gendered nature of their organizations.     

Understanding Employment Discrimination: A Multilevel Approach

This paper reviews recent research on employment discrimination on the basis of sex, race, and ethnicity in US work establishments. Unlike blatant discrimination of the past, contemporary discrimination is typically more subtle, often unintentional, and develops in relationship to the social context in which it is embedded. Focusing on this covert and dynamic nature of discrimination, we review recent research that identifies factors at the individual, workplace, and societal level that contribute to variation in sex and race discrimination across employment contexts. At each level, we conceptually distinguish between factors that influence employers’ sex and race biases and factors that affect potential victims’ capacity to identify discriminatory experiences at work.     

The meaning of workplace discrimination for women with disabilities

Studies have found that persons with disabilities who are also members of other minority groups or women encounter dual discrimination. This paper describes how women with disabilities who are in the workplace experience discrimination. In order to determine whether discrimination was a viable issue, theoretical contexts of feminist theory, disability theory, and attribution theory were examined as well as literature examining employment of women with disabilities. For this study, three women with various disabilities were interviewed regarding the effect of their disability on their typical workday, their employment and job seeking history, and employment opportunities. Qualitative data were also provided through mapping by the participants and pictorial data of worksites. Data were grouped into themes of pre-conceived notions of others, attitudes of others, accommodation issues, inclusion issues and exploitation issues. From these themes definitions of discrimination, nondiscrimination in the workplace were developed. Conclusions include the need for more research on workplace experiences of other or more specific populations that experience discrimination as well as the need for ethical reflection on the part of the researcher regarding vulnerable populations.     

Workplace discrimination and missing limbs: the national EEOC ADA research project

Using the Integrated Mission System of the Equal Employment Opportunity Commission, the employment discrimination experience of Americans with missing limbs is documented. Researchers compare and contrast the key dimensions of workplace discrimination involving Americans with missing limbs and persons with back and other non-paralytic orthopedic impairments. Specifically, the researchers examine demographic characteristics of the charging parties; the industry designation, location, and size of employers against whom complaints are filed; the nature of discrimination (i.e., type of adverse action) alleged to occur; and the legal outcome or resolution of these complaints. Findings indicate that persons with missing limbs were more likely to encounter discrimination if they were male, under 20 or over 65 years of age, and White or Native American. They were also more likely to encounter more frequent discrimination when they worked for employers in the Southern United States, those with 200 or fewer employers, or whose industry designation involved manufacturing, construction, or transportation. Finally, the nature of job discrimination experienced by Americans with missing limbs is more likely to involve hiring, promotion, or job training than other issues. Implications for policy and advocacy are addressed.     

Workplace discrimination and traumatic brain injury: the national EEOC ADA research project

Using the Integrated Mission System of the Equal Employment Opportunity Commission, the employment discrimination experience of Americans with traumatic brain injury is documented. Researchers compare and contrast the key dimensions of workplace discrimination involving Americans with traumatic brain injury and persons with other physical, sensory, and neurological impairments. Specifically, the researchers examine demographic characteristics of the charging parties; the industry designation, location, and size of employers against whom complaints are filed; the nature of discrimination (i.e., type of adverse action) alleged to occur; and the outcome or resolution of the investigations. Findings indicate that persons with traumatic brain injury were more likely to encounter discrimination after obtaining employment as opposed to during the hiring process. They were also more likely to encounter discrimination when they were younger or Caucasian or when employed in the Midwestern or Western United States. Implications are addressed.     

Industry racial employment by skill level: The effects of market structure and racial wage gaps

Theories of expense preference suggest that market power gives employers the latitude to engage in employment discrimination. Additionally, labor market theory indicates that discrimination should cause a larger decline in black employment for prevalent and easily replaced low-skill workers relative to scarce, high-skill workers. Using industry-level data, we examine the relationship between worker skill level, market structure, and racial employment and we find that noncompetitive market structure reduces black employment for low-skill workers. In general, our findings indicate that market structure has less influence on the racial composition of highly trained workers relative to easily replaced low-skill workers     

DISPARATE IMPACT AND THE QUOTA DEBATES: Law, Labor Market Sociology, and Equal Employment Policies

Bringing sociological theory and research to bear on the "quota debates' dogging discussion of federal civil rights legislation in the early 1990s, this article highlights sociology's role in shaping employment law and shows how apparently technical legal arguments about allocating burdens of proof affect labor market resource allocation among the classes, races, and genders. Contrasting institutional-sociological with liberal-legal concepts of discrimination, the article shows why disparate impact theory has been the most sociological approach to Title VII enforcement. It also shows how disparate impact—a theory and method for establishing legally cognizable employment discrimination injurious to women and minorities—is, and is not, related to affirmative action—a policy encompassing a broad range of procedures intended to provide positive consideration to members of groups discriminated against in the past. Finally, a competing incentive framework is used to show that, although disparate impact creates some incentives for employers to adopt quota hiring, such incentives are counter-balanced by major incentives working against race- and gender-based quotas. Major counterincentives stem from disparate impact itself, from other aspects of equal employment law, and from organizational goals shaping business response to the legal environment.     

Social Networks and Employment: Outcomes (Part 2)

In this second article, we continue to survey research that addresses work and employment from a social network perspective. Building on a companion article in this volume, which explores in‐depth the main network mechanisms presented in the literature, this article reviews studies addressing how social networks may shape key employment outcomes for both individuals and organizations. Network access and activation may shape individuals' selection into employment opportunities in addition to a variety of post‐hire outcomes including employee performance, promotion, rewards, job satisfaction, and termination. Organizations too may be influenced by their network position and by the activation of certain ties, ultimately affecting key outcomes such as firm performance, innovation, and learning measures. We conclude by discussing promising areas for future research on how social networks interact with employment.     

The Labor Market Effects of Sex and Race Discrimination Laws

We study the effects of state sex and race discrimination laws that were passed prior to federal antidiscrimination legislation. State sex discrimination laws targeted discrimination in pay only. Because an equal pay constraint raises the relative price of female labor, we would expect the relative employment of females to decline. We find robust evidence that state equal pay laws for women reduced relative employment of both black women and white women. We also find some evidence of positive effects of race discrimination laws on earnings of blacks relative to whites, although no evidence of employment effects. (JEL J15 , J16 , J18 , J23 )     

Race,Residence, and Underemployment: Fifty Years in Comparative Perspective, 1968–2017

High underemployment has been a chronic structural feature of the rural United States for decades. In this paper, we assess whether and how inequalities in underemployment between metropolitan (metro) and nonmetropolitan (nonmetro) areas have changed over the course of the last five decades. Drawing on data from the March Current Population Survey from 1968 to 2017, we analyze inequality in the prevalence of underemployment between metro and nonmetro areas of the United States, paying special attention to differences between white, black, and Hispanic workers. Our results show that the underlying risk of underemployment has increased in both metro and nonmetro areas over the last 50 years. Nonmetro workers have consistently faced greater employment hardship compared to their metro counterparts, and these differences cannot be fully explained by differences in population characteristics. Nonmetro ethnoracial minorities have experienced particularly poor labor market outcomes. The disadvantage of ethnoracial minority status and rural residence is especially pronounced for nonmetro black workers, among whom underemployment has remained persistently high with only modest convergence with other workers. Hispanic workers also face an elevated risk of underemployment, but we observe a unique convergence between metro and nonmetro workers within this population.     

Do ENDAs End Discrimination for Behaviorally Gay Men?

Twenty-two states have implemented state Employment Nondiscrimination Acts (ENDAs) making sexual orientation discrimination illegal, and Congress has repeatedly considered a federal ENDA. However, we know very little about the impact of existing ENDAs and the likely impact of future ENDAs. I describe the implementation of ENDAs and highlight their shortcomings relative to federal employment nondiscrimination law. Despite their shortcomings, I show that state ENDAs decrease wage differentials by roughly 20 % for behaviorally gay men. ENDAs appear to reduce this wage differential by reducing the portion of wage differentials typically associated with discrimination. These results inform a contemporary policy debate over the necessity and impact of expanded protection from discrimination for gay men. (JEL J1, J3, J7)     

The Allocation of Black Workers into the Public Sector

Abstract

This study examines the effects of individual and structural factors on the odds that a black worker will be employed in the public sector (federal or state-local government) rather than the private sector. The independent variables include human capital, gender, citizenship, and the structural features of the labor markets (metropolitan areas) in which these workers reside (percent black, residential segregation, geographic region). The study focuses on percent black and residential segregation, two variables which significantly influence discrimination, group power and the employment opportunities of black workers. Logistic regression shows that, controlling for other factors, the odds of black employment in the public sector are highest in metropolitan areas that have large black populations and relatively low levels of residential segregation. These findings indicate that the allocation of black workers into the public sector results from processes of both discrimination and group power. The implications of the findings for the future prospects of black Americans to advance economically through public sector employment are discussed.     

Assessing Welfare Reform, Over a Decade Later

It has now been over a decade since the passage of the 1996 welfare reform legislation ( Personal Responsibility and Work Opportunity Reconciliation Act ). In this paper, we synthesize the expansive literature on how welfare reform has affected poor families and nonprofit agencies that serve them. In particular, we explore state variation in welfare policies and the dramatic declines in welfare caseloads. We also investigate the employment, earnings, and levels of material hardships among current and former welfare recipients. Moreover, we examine what we know about welfare reform's impact on marriage, nonmarital childbearing, and child well-being. Lastly, we report on how welfare reform has affected nonprofit agencies that serve poor families. We are left with a complex account of the impacts of welfare reform that reveals both positive developments in a number of areas and a great deal of remaining challenges.     

DISCRIMINATION, WOMEN, AND WORK: Processes and Variations by Race and Class

Research on gender and workplace stratification has made clear that persistent employment, wage, and mobility gaps exist, and that discrimination at organizational and interactional levels is playing a role. Few studies, however, have been able to directly capture processes involved. In this article, we draw on unique qualitative and quantitative data pertaining to verified cases of workplace sex and race discrimination (1988 to 2003), and analyze the discriminatory experiences of African-American and white women across various occupational statuses. Notable are high levels of discriminatory firing for both groups, but higher instances of race-based promotional discrimination for black women—a pattern partially linked to their disparate concentration in sex-segregated workplaces and in positions of lower occupational prestige. Our qualitative immersion into case materials reveals influential mechanisms and employer justifications, unique manifestations of differential treatment on the job, and the use of "soft skill" criteria in gatekeeper decision making. We conclude by discussing important dimensions of workplace discrimination for women, variations by social class and race status, and how complexities of status matter for what women experience and gatekeeper behavior.     

"REVERSE DISCRIMINATION" CASES IN THE FEDERAL COURTS: Legal Mobilization by a Countermovement

This article argues that those opposing affirmative action and reverse discrimination constitute a countermovement, working against the social movement for equal employment opportunity (EEO). Like women and minorities promoting EEO, opponents of reverse discrimination utilize litigation as a social movement tactic, mobilizing federal EEO laws. This study analyzes judicial decisions in EEO reverse discrimination cases between 1965 and 1985 to test four hypotheses about countermovement legal mobilization: that (1) many cases reach court, (2) plaintiffs are highly organized, (3) organization relates to success in court, (4) and plaintiffs win. Contrary to expectations, few reverse discrimination cases occur, and plaintiffs are not well-organized and usually lose; better-organized plaintiffs meet more success but there are few of them. The cases provide little evidence that reverse discrimination is widespread.     

Client-centred Case Management: How Much Makes a Difference to Outcomes for Homeless Jobseekers?

Case management has become the predominant model for attempting to improve outcomes for young adults experiencing both homelessness and unemployment. However, there is little evidence-based knowledge about how young adults respond to case management, and how much intervention is needed to be effective. This Australian study utilised quantitative government data to investigate the effects of the amount of case management on key outcomes. With a purposive sample of 224 people aged 18–35, this study compared four different amounts of YP⁴ case management service received over a three-year period. Participants were categorised into four groupings depending on the number of case management contacts they received: 0–5, 6–20, 21–40, and 41–156. The findings show some significant group variations over the course of the trial in the areas of employment and accommodation. Participants who received 20 or more contacts had significantly better accommodation and employment outcomes than those who received fewer contacts.     

Workplace discrimination and disfigurement: the national EEOC ADA research project

Using the Integrated Mission System of the Equal Employment Opportunity Commission, the employment discrimination experience of Americans with disfigurement is documented. Key dimensions of workplace discrimination involving Americans with disfigurement and persons with missing limbs are compared and contrasted. Specifically, the researchers examine demographic characteristics of Charging Parties; the industry designation, location and size of Respondents/employers; the discrimination Issue (i.e., type of adverse action) alleged to occur; and the legal outcome or Resolution of these allegations. Charging Parties with disfigurement who are female or between 30 and 39 years of age are more likely to encounter employment discrimination than their counterparts with missing limbs. Harassment and Non-wage Benefits are the Issues that emerge in higher proportion. Allegations derived from persons with disfigurement are more common in among mid-size employers, those located in the South, or those in Retail or Service industries. Following investigation, allegations derived from persons with disfigurement are less likely to have Merit Resolutions than those brought by Charging Parties with missing limbs.     

It’s All in the Name: Employment Discrimination Against Arab Americans1

Following the terrorist attacks on September 11, 2001, Arab Americans faced increased discrimination that permeated almost every aspect of their lives. Previous research has documented the negative attention toward Arab Americans after 9/11 and the effect it has had on this community. However, less research has focused on discrimination against Arab Americans during the process of obtaining employment in the United States. To address this gap in the current literature, we conducted a correspondence study in which we randomly assigned a typical white‐sounding name or a typical Arab‐sounding name to two similar fictitious résumés. We sent résumés to 265 jobs over a 15‐month period. We found that an Arab male applicant needed to send two résumés to every one résumé sent by a white male applicant to receive a callback for an interview by the hiring personnel. Our findings suggest that the difference in callbacks may be the result of discrimination against the perceived race/ethnicity of the applicant by the hiring personnel.     

The role of organizational procedures in the resolution of social conflict

Employee-employer conflict can arise from the expression of social issues within an employment organization. Recently, public support for non-discrimination in employment has led to the existence of external forums--regulatory agencies and the courts--that allow appeals for complaints of discrimination by protected groups. This paper examines the role of organizational procedures for conflict resolution where individuals have the option of appealing to an external forum. Through the analysis of internal grievance procedures and external charges in three urban hospitals, the paper explores the origins and expressions of employee-employer conflict in the areas of discrimination, the impact of an internal system on the rate of external charges, and the general relationship between internal and external forums of conflict resolution.