Scaling the Pyramid: A Sociolegal Model of Employment Discrimination Litigation

Nielsen, Laura Beth; Nelson, R. L.

doi:10.1007/1-4020-3455-5_1

Cited by 23 publications

(37 citation statements)

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“…Nielsen & Nelson (2005) provide an overview of research in this area, examining the pathways by which potential claims (or perceived discrimination) develop into formal legal action, or conversely the many points at which potential claims are deflected from legal action. Hirsh & Kornrich (2008) examine how characteristics of the workplace and institutional environment affect variation in the incidence of discrimination claims and their verification by EEOC investigators.…”

Section: Studies Of Law and Legal Recordsmentioning

confidence: 99%

The Sociology of Discrimination: Racial Discrimination in Employment, Housing, Credit, and Consumer Markets

2008

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Persistent racial inequality in employment, housing, and a wide range of other social domains has renewed interest in the possible role of discrimination. And yet, unlike in the pre-civil rights era, when racial prejudice and discrimination were overt and widespread, today discrimination is less readily identifiable, posing problems for social scientific conceptualization and measurement. This article reviews the relevant literature on discrimination, with an emphasis on racial discrimination in employment, housing, credit markets, and consumer interactions. We begin by defining discrimination and discussing relevant methods of measurement. We then provide an overview of major findings from studies of discrimination in each of the four domains; and, finally, we turn to a discussion of the individual, organizational, and structural mechanisms that may underlie contemporary forms of discrimination. This discussion seeks to orient readers to some of the key debates in the study of discrimination and to provide a roadmap for those interested in building upon this long and important line of research. Keywordsrace; inequality; measurement; mechanisms; African Americans; racial minorities Persistent racial inequality in employment, housing, and other social domains has renewed interest in the possible role of discrimination. Contemporary forms of discrimination, however, are often subtle and covert, posing problems for social scientific conceptualization and measurement. This article reviews the relevant literature on racial discrimination, providing a roadmap for scholars who wish to build on this rich and important tradition. The charge for this article was a focus on racial discrimination in employment, housing, credit markets, and consumer interactions, but many of the arguments reviewed here may also extend to other domains (e.g., education, health care, the criminal justice system) and to other types of discrimination (e.g., gender, age, sexual orientation). We begin this discussion by defining discrimination and discussing methods for measuring discrimination. We then provide an overview of major findings from studies of discrimination in employment, housing, and credit and consumer markets. Finally, we turn to a discussion of the individual, organizational, and structural mechanisms that may underlie contemporary forms of discrimination.

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Section: Studies Of Law and Legal Recordsmentioning

confidence: 99%

The Sociology of Discrimination: Racial Discrimination in Employment, Housing, Credit, and Consumer Markets

2008

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“…Proponents of grievance channels, however, make two key errors in judgments. They rely on the erroneous assumption that victims of sexism readily file complaints and also overestimate the efficacy of their grievance channels in reducing sexism (Edelman, Uggen, & Erlanger, 1999;Nielsen & Nelson, 2005). Rather than waiting for women to voice a grievance about sexism, organizations can be encouraged to be more proactive.…”

Section: Increasing Men's Willingness To Act Against Sexismmentioning

confidence: 99%

Allies against Sexism: The Role of Men in Confronting Sexism

Drury

Kaiser

2014

Journal of Social Issues

227

209

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Consider recent actions by two politicians. The first campaigned for women to have equal representation in the government and pursued equal pay for women in the workplace. The second made campaign promises to reduce the gender gap in pay and used the first bill signing as a new leader to enact a law making it easier for women to recoup wages lost as a result of sexism. These politicians share something in common; they are both men (the first is French President Francois Hollande and the second is U.S. President Barack Obama). In advocating on behalf of women, Hollande and Obama each took on the role of an ally, or someone who aligns with a disadvantaged group by recognizing the need for further progress in the fight for equal rights. Allies work alongside a disadvantaged group in the search for justice. In this article, we explore the role of men who become allies by confronting sexism. We examine factors that lead men to take on the ally role and explore the effectiveness of men in this role. We also offer suggestions

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“…Alternatively, the complainant may receive a favorable decision with respect to the merit of the claim but walk away with no monetary settlement. For example, in a racial harassment lawsuit filed 20,000 employment discrimination cases were filed in district court annually (Nielson & Nelson 2005). Assuming that private lawsuits are similar to EEOC charges in terms of bases of discrimination, about 10,000 lawsuits would involve race or sex discrimination.…”

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confidence: 99%

Settling for Less? Organizational Determinants of Discrimination-Charge Outcomes

Hirsh

2008

Law Soc Rev

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Although more than 60,000 workers formally charge their employers with unlawful sex or race employment discrimination annually, fewer than one in five charges results in outcomes favorable to the complainant. Building on sociolegal and organizational theory, this study examines how employing organizations avoid unfavorable discrimination‐charge outcomes. Using EEO‐1 establishment reports matched to discrimination charge data provided by the Equal Employment Opportunity Commission, I assess the effect of employers' legal experience, resources, and indicators of legal compliance on the likelihood that complainants receive favorable charge outcomes, benefits, monetary settlements, and policy change mandates. In general, I find that legal experience, establishment size, and indicators of legal compliance insulate employers from unfavorable charge outcomes. However, in situations where employers are willing to settle claims, legally experienced establishments are more likely to pay monetary damages and receive mandates to change their workplace policies.

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Scaling the Pyramid: A Sociolegal Model of Employment Discrimination Litigation

Cited by 23 publications

References 0 publications

The Sociology of Discrimination: Racial Discrimination in Employment, Housing, Credit, and Consumer Markets

The Sociology of Discrimination: Racial Discrimination in Employment, Housing, Credit, and Consumer Markets

Allies against Sexism: The Role of Men in Confronting Sexism

Settling for Less? Organizational Determinants of Discrimination-Charge Outcomes

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