The Declining Significance of Race in Federal Civil Rights Law: The Social Structure of Employment Discrimination Claims

We examine changes in the nature and rate of complaints filed with the federal Equal Employment Opportunity Commission (EEOC) in the past 35 years. The EEOC's role has shifted over this period from ensuring job access for racial minorities to providing diverse protections for a much broader class of incumbent workers. We first describe trends in discrimination complaints, most notably the shift from racial discrimination to other bases of discrimination, and develop a conceptual model of choice among socially structured alternatives to account for them. We then test the model with a time series analysis of changes in the complaint rate among different worker groups to evaluate the relative importance of legal, political, and socioeconomic determinants of civil rights complaints. Net of changes in the political climate, benefit compensation, inequality, and education levels, we find that legal changes and group-specific unemployment rates are the strongest and most consistent determinants of the rate of race, sex, and total discrimination complaints. Our results suggest that people will bear the costs of filing a complaint when legal options are relatively attractive and when employment options on the external labor market are unattractive.     

Worker perceptions of procedural justice in workers’ compensation claims: Do unions make a difference?

The differences between union and nonunion workers’ perceptions of the fairness of the workers’ compensation claims process are examined. The hypothesis tested is that union members should perceive this process as more fair due to union “voice.” The data were collected in a survey of injured workers in Michigan who had filed a workers’ compensation claim. The empirical results indicate that unions have little impact on the perceived fairness of the claims process and that the main contribution of unions is the provision of a complaint mechanism. From the Bill of Rights to Chief Justice Earl Warren’s recurring inquiry of counsel, “but is it fair?” fair treatment has been treated as a value enforceable by law, standing at the very core of the constitutional, political, and social rights of the individual. —Westin and Feliu (1988, p. 255)     

Rescaling the Sanctuary City: Police and Non‐Status Migrants in Ontario,Canada

Canadian cities pledge to provide access to municipal services to non‐status migrants and withhold information identifying non‐status migrants from federal immigration authorities. Despite these promises, local police continue to cooperate with the Canada Border Services Agency, which raises questions about the capacity of cities to honour their promises. An empirical study involved interviews with high‐ranking police officers in eight local jurisdictions in Ontario about police perceptions regarding their role in the enforcement of federal immigration law and their obligations to honour sanctuary‐city policies. The results show that many police officers believe they possess legal authority to report non‐status migrants to federal authorities. We suggest that this belief rests on misconceptions about the relationship between criminal law and immigration law, claims of jurisdictional immunity from municipal government, and distortions of the principles of policing in Canada. Rescaling of sanctuary policies to the provincial level may offer solutions.     

Adults Rule? Children,Advocacy and Complaints to Social Services

This article sets out results from a Welsh Assembly government‐funded study of complaints involving children and their use of advocacy services commissioned by local authorities in Wales. As this is the first study of its kind in Wales there is no baseline against which to compare the findings, hence we discuss the data in the context of a wider UK research literature and in relation to two key themes. These are (a) the number of complaints to social services involving children and the main characteristics of these complaints, particularly the involvement of an advocacy service and (b) the views of children about making a complaint and their experience of independent advocacy. The article reveals the adult‐dominated nature of the children's complaints system and the limited involvement of advocacy in supporting children who make a complaint. The pressing need for a more child‐focused approach that gives authentic voice to children and their rights is the key conclusion drawn from the evidence gathered in this study.     

Children's protective services and law enforcement: fostering partnerships in investigations of child abuse

Although collaboration in child abuse investigations has been emphasized since 1974, barriers, including role conflicts and organizational differences, have often been reported. This study describes the process of collaboration based on the perceptions of investigators working with a Child Advocacy Center. Telephone interviews were conducted with 290 child protective service workers and law enforcement officers from 28 child advocacy centers in 20 different states. Respondents identified barriers to the process of collaboration such as conflicts over case control and facilitators including co-housing and cross-training. Conditions that should contribute to successful collaboration are discussed.     

“He invited me and didn't ask anything in return” Migration and Mobility as Vulnerabilities for Sexual Exploitation among Female Adolescents in Mexico

Although human trafficking is recognized as a major human rights violation, there is limited evidence regarding the vulnerabilities that contribute to female adolescents’ risk of being forced or coerced into the sex trade. Vulnerabilities such as gender‐based violence, economic and social inequalities have been shown to shape the risk of sexual exploitation among adolescents. In‐depth interviews (n=18) with current sex workers who reported being deceived or forced into the sex trade as adolescents (<17 years old) were analysed to explore their experiences of migration and mobility in Mexico. Driven by socio‐economic and vulnerabilities in home communities, adolescents often engaged in internal migration and mobility to other Mexican communities and states. Migration and mobility further predisposed them to social isolation, economic hardship and abuse, which were used as tools to trick them into the sex trade. Policies that support safer migration for adolescents in origin, transit, and destination communities are needed.     

WHICH COMMUNITIES COMPLAIN TO POLICYMAKERS? EVIDENCE FROM CONSUMER SENTINEL

Consumer complaints provide a signal of the problems that different American communities face. I use a large database of millions of complaints to examine how per capita complaint rates vary across communities, as well as heterogeneity in who complains to different agencies and about different consumer protection issues. I find higher complaint rates in more heavily Black, more educated, higher income, older, and more urban communities and lower complaint rates in more heavily Hispanic and higher household size communities. The demographics of complaints are quite different for the Consumer Financial Protection Bureau, with much higher rates of complaints from Black and college educated areas compared to the Federal Trade Commission or Better Business Bureaus. I also find much higher rates of finance related complaints from Black communities across all reporting agencies. (JEL D18, H50, J10)     

The Impact of Migration on the Gendering of Service Work: The Case of a West London Hotel

This article responds to a call from Kerfoot and Korczynski to investigate the gendering of service sector employment. As a characteristic of many post‐industrial economies in the global North is the growing significance of migrant workers, this article investigates the impact of migration for work on the gendering of service work. Taking the embodied and emotional labour of workers to be fundamental to service work, it describes how these are refracted and produced through migration. The article draws on 60 interviews with workers in a west London hotel who were born abroad and the human resources staff and managers who are responsible for the recruitment and promotion of the workforce. We argue that migration is an important process in the construction of the contemporary workforce in post‐industrial service economies and that migration status should be understood as intersecting with gender in the production of a gendered performance at work.     

“It's the Money,Honey”: The Economy of Sex Work in the Maritimes*

Cet article se fonde sur une série d'interviews menés auprès de 60 travailleurs du sexe dans trois villes des Provinces maritimes. Nous avons trouvé que ces travailleurs prenaient souvent des décisions prudentes entre les choix économiques, notamment le travail a salaire minimal ou le bien‐être social, ou entre le travail sexuel de maison ou de rue. Les interviews révélaient des modèles de résistance à l'endroit des structures économiques dominantes comparables aux modèles d'autres travailleurs des Maritimes. Comprendre les travailleurs du sexe comme travailleurs resistants nous permet de voir que beaucoup de leurs soucis tournent autour du maintien et/ou de l'augmentation de leur indépendance comme travailleurs, de leur capacité de maîtriser le rythme et le prix de leur travail, et de leurs conditions de travail. This paper is based on interviews with 60 sex workers in three Maritime cities. We found that sex workers often made careful decisions between the economic choices–including minimum‐wage work or welfare–and between indoor or street‐based sex work. Patterns of resistance to dominant economic structures that are comparable to other workers in the Maritimes emerged from the interviews. Understanding sex workers as resistant workers allows us to see that many of their concerns revolve around maintaining and/or increasing their independence as workers, their control over the pace and price of their labour, and the conditions of their work.     

The careers of NGO field‐workers in Bangladesh

This article looks at field‐workers employed by nongovernmental organizations (NGOs) in Bangladesh. It can be argued that NGO field‐workers, who work directly with clients, are an undervalued and underused resource in Bangladesh. A questionnaire survey, participant observation, and semistructured interviews of field‐workers in four types of NGOs (international, large national, regional, and small local) revealed that they are from rural, middle‐class families and, because the work requires rigorous physical exercise, most of them are young. They do not join NGOs as field‐workers enthusiastically, but rather to have a job and earn money. Most field‐workers in Bangladesh must leave the job when they grow older or (in the case of women) get married.     

Low back pain disability and stay at work: contradiction or necessity?

The incidence of occupational diseases in the population is high and factors such as long working hours, poor posture, psychological and physical stress can contribute to its development. Among work-related musculoskeletal disorders, back pain has a high prevalence. The aim of the present study was to quantify and characterize pain complaints and to identify individuals with low back pain, in order to assess the degree of disability. Participated 226 employees of an institution of higher education. They answered a general questionnaire about location and quantification of pain complaints visual analog scale for pain and the Quebec Disability Questionnaire. Of all the workers, 69.60% had some type of musculoskeletal complaint; of those, 15.41% had low back pain. Considering workers who had back pain, 54.9% were female, 52.94% are under 30 years old and 43.14% between 1 and 5 years of work. As for the final score for the degree of disability, 41.17% had minimal disability and 37.25% moderate disability. The present study found large number of pain complaints and high prevalence of low back pain, resulting in individual's inability and difficulties in performing work activities.     

The Business of Caring: Women's Self‐Employment and the Marketization of Care

Our goal in this article is to contribute to a differentiated analysis of paid caring work by considering whether and how women's experiences of such work is shaped by their employment status (for example, self‐employed versus employee) and the nature of care provided (direct or indirect). Self‐employed care workers have not been widely studied compared with other types of care workers, such as employees providing domestic or childcare in private firms or private homes. Yet their experiences may be quite distinct. Existing research suggests that self‐employed workers earn less than employees and are often excluded from employment protection. Nonetheless, they often report greater autonomy and job satisfaction in their day‐to‐day work. Understanding more about the experiences of self‐employed caregivers is thus important for enriching existing theory, research and policy on the marketization of care. Addressing this gap, our article explores the working conditions, pay and levels of satisfaction of care workers who are self‐employed. We draw on interviews from a small‐scale study of Canadian women engaged in providing direct care (for example, childcare) and indirect care (for example, cleaning).     

The Canadian Human Rights Tribunal on First Nations Child Welfare: Why if Canada wins, equality and justice lose

Repeated reports indicate that First Nations children on reserve receive less child welfare funding than other children in Canada despite the fact that First Nations children have higher child welfare needs. After the Government of Canada failed to implement two joint solutions to address the inequality, First Nations organizations in Canada filed a human rights complaint alleging that the Government of Canada is discriminating against First Nations children on the basis of race and national ethnic origin. This historic case is now before the Canadian Human Rights Tribunal and marks the first time that Canada has been held to account before a legal body for its current treatment of First Nations children and their families. This opinion article presents the facts leading up to the filing of the human rights case, the grass roots advocacy and legal processes after the complaint was filed, and the implications for: First Nations children, individuals from minority groups, and the moral fabric of the country if the Government of Canada wins the case.     

Fragmented Sisters? The Implications of Flexible Working Policies for Professional Women's Workplace Relationships

Much is being done by governments and organizations to help workers reconcile their family and employment responsibilities. One such measure has been the introduction of flexible working policies. While academic and policy debates focus on the barriers to flexible working, less consideration is paid to those who work alongside flexible workers. Through a gendered lens, this article focuses on professional women and explores the implications of UK flexible working policies for women's workplace relations in organizations that have traditionally been based on male models of working. Drawing on interviews conducted in three English organizations, it was found that the women's interests did not always coincide and that their social relationships, with respect to flexible working, involved both support and resentment. In particular, the women's interests were affected by organizational and job‐related factors and their stage in the life course. These findings illuminate the ways in which policies are negotiated at the level of daily workplace life and show that co‐workers are a pivotal part of the wider picture of flexible working.     

Reconfiguring Worker Subjectivity: Career Advice Literature and the “Branding” of the Worker's Self

Career advice literature, commonly used by many job seekers, has increasingly exhibited an emphasis on “personal branding,” an economic discourse that invites workers to conceive of themselves as profit‐generating enterprises. In this article, we examine the meanings that personal branding provokes in the minds of precariously employed white‐collar workers in Boston. We use interviews conducted with 62 white‐collar workers and job seekers to explore the utility of Foucauldian theories of governmentality, which have received little attention within American sociology. Results suggest that precariously employed workers do feel pressured to incorporate personal branding into their orientations toward both self and work, much as Foucauldian theory expects. Yet our findings also identify important exceptions to this pattern, with smaller proportions of workers engaging in outward accommodation of self‐branding discourse, or else explicit contestation of its terms. We conclude that Foucauldian theories of the “enterprising self” warrant more widespread consideration among American sociologists, hopefully opening up a stronger understanding of counterconduct, one of the theory's notable blind spots to date.     

Understanding and informing policy implementation: a case study of the domestic violence provisions of the Maryland Gun Violence Act

The Maryland Gun Violence Act, enacted into law in 1996, explicitly authorized courts to order batterers to surrender their firearms through civil protective orders. It also vested law enforcement with the explicit authority to remove guns when responding to a domestic violence complaint. In order to assess how these laws were implemented, we designed a case study and collected data from in-depth, key informant interviews, court observations, and relevant documents. We present findings from this study and recommend how to increase the likelihood that policies designed to separate batterers and guns are implemented in a way that will result in greater protections for victims of domestic violence.     

Child resilience in out-of-home care: Child welfare worker perspectives

The study of resilience and its associated factors is highly applicable to the child welfare population as children living in out-of-home care have often experienced much adversity and are particularly vulnerable to the development of problems in numerous domains of functioning. The use of qualitative research in this area is scarce, and the majority of such studies have been based on the U.K. or U.S. child welfare systems. Therefore, the goal of the current study was to gain child welfare workers' perspectives on resilience and to explore the factors that they believe might influence resilience. Semi-structured interviews were conducted with 11 child welfare workers from Ontario (Canada) to accomplish this goal. The interview was developed using an ecological perspective that inquired about possible sources of resilience from within children themselves, their family, their community, and the child welfare worker and agency. The workers identified a number of factors associated with resilience (e.g., child intelligence, worker communication skills); however, the critical importance of a child's relationships and social support from others underpinned all factors discussed. The findings highlight the importance of including the perspectives of all those involved in the child welfare system in assessing the well-being of children in out-of-home care. In addition, the dynamic interrelationships between the various levels of the ecological model and how these can impact on how a child is doing in out-of-home care were highlighted.     

Labor Market Effects of Immigration Policies Border Enforcement and Amnesty

We explore the effects of tighter border enforcement and an amnesty on the wages and unemployment rates of natives and immigrants. We extend the Mortensen-Pissarides labor market model to include individuals authorized to work and illegal workers in a framework that accounts for voluntary return migration. Furthermore, we study the effects of an amnesty when a proportion of illegal workers pays payroll taxes. Our results show that the effect of changes in border enforcement on the number of illegal workers in the United States is theoretically ambiguous. While tighter border enforcement deters illegal migration of prospective workers, it also changes the incentives of those already in the United States decreasing return migration. If tighter border enforcement increases the number of illegal workers in the economy, it will also increase the wages of natives as market tightness increases. Our findings show that the larger the proportion of illegal workers paying payroll taxes, the larger will be the decrease in wages, and the smaller the increase in unemployment generated by the decrease in the number of illegal workers in the economy that will follow an amnesty.