Category Archives: Discrimination

Dirty Data, Bad Predictions: How Civil Rights Violations Impact Police Data, Predictive Policing Systems, and Justice

Source: Rashida Richardson, Jason Schultz, Kate Crawford, New York University Law Review Online, Forthcoming, February 13, 2019

From the abstract:
Law enforcement agencies are increasingly using algorithmic predictive policing systems to forecast criminal activity and allocate police resources. Yet in numerous jurisdictions, these systems are built on data produced within the context of flawed, racially fraught and sometimes unlawful practices (‘dirty policing’). This can include systemic data manipulation, falsifying police reports, unlawful use of force, planted evidence, and unconstitutional searches. These policing practices shape the environment and the methodology by which data is created, which leads to inaccuracies, skews, and forms of systemic bias embedded in the data (‘dirty data’). Predictive policing systems informed by such data cannot escape the legacy of unlawful or biased policing practices that they are built on. Nor do claims by predictive policing vendors that these systems provide greater objectivity, transparency, or accountability hold up. While some systems offer the ability to see the algorithms used and even occasionally access to the data itself, there is no evidence to suggest that vendors independently or adequately assess the impact that unlawful and bias policing practices have on their systems, or otherwise assess how broader societal biases may affect their systems.

In our research, we examine the implications of using dirty data with predictive policing, and look at jurisdictions that (1) have utilized predictive policing systems and (2) have done so while under government commission investigations or federal court monitored settlements, consent decrees, or memoranda of agreement stemming from corrupt, racially biased, or otherwise illegal policing practices. In particular, we examine the link between unlawful and biased police practices and the data used to train or implement these systems across thirteen case studies. We highlight three of these: (1) Chicago, an example of where dirty data was ingested directly into the city’s predictive system; (2) New Orleans, an example where the extensive evidence of dirty policing practices suggests an extremely high risk that dirty data was or will be used in any predictive policing application, and (3) Maricopa County where despite extensive evidence of dirty policing practices, lack of transparency and public accountability surrounding predictive policing inhibits the public from assessing the risks of dirty data within such systems. The implications of these findings have widespread ramifications for predictive policing writ large. Deploying predictive policing systems in jurisdictions with extensive histories of unlawful police practices presents elevated risks that dirty data will lead to flawed, biased, and unlawful predictions which in turn risk perpetuating additional harm via feedback loops throughout the criminal justice system. Thus, for any jurisdiction where police have been found to engage in such practices, the use of predictive policing in any context must be treated with skepticism and mechanisms for the public to examine and reject such systems are imperative.

How Black Activists Shaped the Labor Movement

Source: Kim Kelly, Teen Vogue, No Class, February 7, 2019

Dr. Martin Luther King Jr. spent his final full day on earth advocating for the rights of workers in what’s now known as his “I’ve Been to the Mountaintop” speech. It was April 3, 1968, and King stood up at the Mason Temple in Memphis, Tennessee, and spoke in support of the city’s 1,300 sanitation workers, who were then on strike fighting for better safety standards, union recognition, and a decent wage — a work stoppage that was inspired partly by the deaths of Echol Cole and Robert Walker, who had been crushed to death by a garbage truck.

“We’ve got to give ourselves to this struggle until the end,” he told the assemblage. “Nothing would be more tragic than to stop at this point, in Memphis. We’ve got to see it through. And when we have our march, you need to be there. Be concerned about your brother. You may not be on strike. But either we go up together, or we go down together.”,,,

Corporations Have Paid Out at Least $2.7 Billion in Civil-Rights and Labor Lawsuits Since 2000

Source: Michelle Chen, The Nation, February 1, 2019

Money talks in the business world, but it also buys silence in the courtroom. In recent years—despite the rise of movements like #MeToo and Occupy Wall Street demanding more accountability from the corporate world—complex, opaque legal settlements have hushed, sealed, and silenced victims of workplace misconduct and abuse. While the details of the civil-rights and labor lawsuits have been kept from public purview, a deep dive into the Fortune 500’s legal disclosures reveals a disturbing picture of corporate America.

An analysis of hundreds of corporate legal settlements in civil-rights cases since 2000 shows that a total of $2.7 billion was paid out by many of the largest US corporations (primarily those listed on the Forbes and Fortune rankings). The report, by Good Jobs First (GJF), puts Wall Street and retail companies on top of the rankings, with $530 million in payouts each, including household names like Bank of America and Walmart. The runners-up were the food-and-beverage sector ($252 million), pharmaceuticals ($209 million), and shipping and logistics ($187 million). In addition to 235 civil lawsuits, the Equal Employment Opportunity Commission litigated 329 cases, netting some $588 million….

Related:
Big Business Bias: Employment Discrimination and Sexual Harassment at Large Corporations
Source: Philip Mattera, Good Jobs First – Corporate Research Project, January 2019

From the press release:

A new report on employment discrimination and sexual harassment cases finds that major banks rank high among those big companies that have paid the most in damages and settlements. Bank of America (including its subsidiary Merrill Lynch) has paid a total of $210 million since 2000, more than any other big company. Morgan Stanley ranks fourth at $150 million and Wells Fargo ranks ninth at $68 million. The financial services industry overall has paid a total of $530 million in penalties. The retail sector has paid the same amount, so the two industries have the dubious distinction of being tied for first place….

The Greensboro Sit-In Protests, Explained

Source: Eric Ginsburg, Teen Vogue OG History, February 1, 2019

The first day of Black History Month is also the anniversary of a historic civil rights protest and the birth of a student-led movement. February 1 marks the 59th anniversary of the start of the Greensboro sit-ins, a protest started in 1960 by four college students against racial segregation in Greensboro, North Carolina. Their actions quickly spurred a nationwide movement that sparked a fresh wave of the civil rights era….

Martin Luther King Jr., union man

Source: Peter Cole, The Conversation, January 18, 2019

If Martin Luther King Jr. still lived, he’d probably tell people to join unions.

King understood racial equality was inextricably linked to economics. He asked, “What good does it do to be able to eat at a lunch counter if you can’t buy a hamburger?”

Those disadvantages have persisted. Today, for instance, the wealth of the average white family is more than 20 times that of a black one.

King’s solution was unionism…..

Related:
Economic justice was always part of MLK Jr.’s message
Source: Peter Kelley, Futurity, January 20, 2019

Labor rights and economic justice were always part of Dr. Martin Luther King Jr.’s progressive message, historian Michael Honey reminds us in a new book.

The book, To the Promised Land: Martin Luther King and the Fight for Economic Justice, (W.W. Norton, 2018) came out April 3—the day before the 50-year anniversary of King’s assassination. ….

When King Was Dangerous
Source: Alex Gourevitch, Jacobin, January 21, 2019

Martin Luther King Jr is remembered as a person of conscience who only carefully broke unjust laws. But his militant challenges to state authority place him in a much different tradition: radical labor activism.

Uneven Patterns of Inequality: An Audit Analysis of Hiring-Related Practices by Gendered and Classed Contexts

Source: Jill E Yavorsky, Social Forces, Advance Articles, Published: January 18, 2019
(subscription required)

From the abstract:
Despite women’s uneven entrances into male-dominated occupations, limited scholarship has examined whether and how employers in different occupational classes unevenly discriminate against women during early hiring practices. This article argues that intersecting gendered and classed features of occupations simultaneously shape hiring-related practices and generate uneven patterns of inequality. Using data derived from comparative white-collar (N = 3,044 résumés) and working-class (N = 3,258 résumés) correspondence audits and content-coded analyses of more than 3,000 job advertisements, the author analyzes early hiring practices among employers across two gendered occupational dimensions: (1) sex composition (male- or female-dominated jobs) and (2) gender stereotyping (masculinized or feminized jobs, based on the attributes that employers emphasize in job advertisements). Broadly, findings suggest a polarization of early sorting mechanisms in which discrimination against female applicants is concentrated in male-dominated and masculinized working-class jobs, whereas discrimination against male applicants at early job-access points is more widespread, occurring in female-dominated and feminized jobs in both white-collar and working-class contexts. Interestingly, discrimination further compounds for male and female applicants—depending on the classed context—when these occupational dimensions align in the same gendered direction (e.g., male-dominated jobs that also have masculinized job advertisements). These findings have implications for the study of gender and work inequality and indicate the importance of a multidimensional approach to hiring-related inequality.

Workplace discrimination claims fare poorly in arbitration, study says

Source: Phil Ciciora – University of Illinois at Urbana-Champaign, phys.org, December 19, 2018

The use of arbitration to adjudicate worker complaints – and avoid costly litigation through the slow, unwieldy public court system – has been a controversial practice since its usage began to increase in the 1990s. And according to a new paper co-written by a University of Illinois expert in workplace dispute resolution, certain types of cases fare worse than other types that are resolved through arbitration.

Employee discrimination claims largely received worse outcomes in arbitration than other work-related disputes such as wrongful termination or breach of contract, says new research from J. Ryan Lamare, a professor of labor and employment relations at Illinois.

Following the passage of anti-discrimination laws such as Title VII of the 1964 Civil Rights Act, employees commonly adjudicated workplace claims through litigation. But over the past three decades, the U.S. Supreme Court has sought to expand the use of private arbitration as an alternate dispute-resolution mechanism, Lamare said…..

Related:
Resolving Discrimination Complaints in Employment Arbitration: An Analysis of the Experience in the Securities Industry
Source: J. Ryan Lamare, David B. Lipsky, ILR Review, Volume 72 Issue 1, January 2019
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From the abstract:
This article empirically examines whether employment discrimination claims differ from other types of disputes resolved through arbitration. Whether arbitration is appropriate for resolving violations of anti-discrimination statutes at work is a focus of ongoing policy debates. Yet empirical scholarship has rarely considered whether different types of complaints might have distinct characteristics and receive varied outcomes in arbitration. The authors analyze all of the employment arbitration awards for cases filed between 1991 and 2006 in the financial services industry to determine whether differences in the type of allegation affect award outcomes. They also examine the effects of the financial industry’s decision in 1999 to introduce voluntary arbitration for discrimination claims. Results indicate that discrimination claims largely fared worse in arbitration than did other statutory or non-statutory claims but that arbitration systems are capable of meaningful self-reform.

Working Women versus Employers: An Insider’s View

Source: Anne Ladky, Labor: Studies in Working-Class History, Vol. 15 no. 3, September 2018
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In her book, Knocking on Labor’s Door: Union Organizing in the 1970s and the Roots of a New Economic Divide, Lane Windham compellingly illuminates the context of organizing in that decade and dispels long-held myths. She makes clear that it was not a lack of organizing that resulted in the decline in unionization in the following decade but the aggressive refusal of companies to tolerate union organizing activity—or any campaigns that they perceived could lead to unionization—aided by government failures. The experiences of those of us in what has been called the working women’s movement bear out her arguments.

I am not a historian—my comments are aimed at connecting what I was experiencing as an organizer with Windham’s narrative. I was organizing in the 1970s around women’s employment issues as a member of the Chicago Chapter of the National Organization for Women (NOW) and then as a member of Women Employed (WE). I joined the staff of Women Employed in 1977, became its executive director in 1985, and served in that position for thirty-two years. WE, whose founding is noted in the book’s second chapter, is now a forty-five-year-old organization whose mission is to break down barriers to women’s economic advancement and promote workplace fairness. It has a staff of twenty; it is locally based with national policy reach. The organization has opened hundreds of occupations to women, helped outlaw and reduce sexual harassment, did some of the very first work on family-friendly workplace policies, made affirmative action a dramatically effective tool for women’s advancement, and much more. Today, its priorities are to change workplace policies and practices that affect low-paid working women, expand work-family policies, and enable more low-income women to enter and succeed in higher education. While the organization’s priorities have changed to address evolving barriers facing low-paid female workers, the organization’s mission is unchanged since its founding in 1973….

Related:
Tangled Up in Race: Working-Class Politics and the Ongoing Economic Divide
Source: Dan Graff, Labor: Studies in Working-Class History, Vol. 15 no. 3, September 2018
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The title of Lane Windham’s impressive new exploration of union organizing in the 1970s, Knocking on Labor’s Door, immediately calls to mind Bob Dylan’s hit single “Knockin’ on Heaven’s Door.” Whether the allusion is intended or not, the song’s release date resonates, since 1973 — marked by the oil crisis and stagflation — is widely considered among historians to be the year of reckoning for the New Deal order, the US labor movement, and the heyday of American liberalism. But where Dylan’s song is a dirge, with its mournful narrator accepting “the long black cloud” announcing death, Windham’s monograph exudes an opposite tone. By uncovering stories of worker-activists who organized with a purpose and a passion reminiscent of the 1930s, Windham rejects the notion of the 1970s as “the last days of the working class” (3)….

Labor Feminism Meets Institutional Sexism
Source: Katherine Turk, Labor: Studies in Working-Class History, Vol. 15 no. 3, September 2018
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Lane Windham’s Knocking on Labor’s Door offers important contributions to labor and working-class history and to the emerging literature on American capitalism. Most important, the book reminds us that the 1970s did not mark a gloomy descent into neoliberalism; rather, those years were shot through with electrifying possibilities.

My comments will reflect on how Knocking on Labor’s Door handles the identity politics of sex and class. The book offers striking insights into the political economy of the 1970s; in particular, it sheds new light on employers’ efforts to protect their profits as they navigated a globalizing landscape. But in blaming those employers when union campaigns led by women and men of color fell short, Windham downplays other factors — especially the roadblocks thrown up by wage-earning white men. Laboring women had to aim their campaigns for equity at their employers as well as at their union “brothers.” Aware of the distinct yet related challenges they faced everywhere they worked, many women experimented with and blended new and well-established forms of activism. The formal labor movement thus offers too narrow a lens to capture the range of outcomes that working people — women in particular — imagined and pursued as they fought the baked-in inequities that shaped workplaces and unions alike…..

I Hear You Knockin’. . . . But You Can’t Come In
Source: Alex Lichtenstein, Labor: Studies in Working-Class History, Vol. 15 no. 3, September 2018
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Knocking on Labor’s Door is an impressive achievement. By combing through National Labor Relations Board (NLRB) records and revisiting some crucial but forgotten labor struggles from the 1970s, Lane Windham seeks to refute pessimists like Jefferson Cowie, who regard that decade as ringing the death knell of an empowered American working class. Specifically, Windham wants to call our attention to the energized struggles of African American, women, and immigrant workers. Newly emboldened by the previous decade’s rights revolutions, these members of the working class sought to join and reinvigorate the flagging American labor movement that had previously done much to exclude them. They indeed were “knocking at labor’s door.”

But did that door open? With all due respect to Windham’s ability to uncover the dynamics of previously ignored or overlooked struggles of this era, I want to provoke discussion by laying out an alternative narrative, based as much as possible on the compelling evidence of labor ferment she herself has unearthed and brought to life in the pages of this book.

Here is my alternative narrative:…

Author’s Response
Source: Lane Windham, Labor: Studies in Working-Class History, Vol. 15 no. 3, September 2018
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I am grateful to Anne Ladky, Dan Graff, Katherine Turk, and Alex Lichtenstein for their carefully considered and provocative analyses of Knocking on Labor’s Door: Union Organizing in the 1970s and the Roots of a New Economic Divide. In writing the book, I aimed to open up a fresh discussion of the workers’ movement in the pivotal 1970s and also to offer new approaches for understanding working people’s struggles today. These accomplished scholars and activists clearly have embraced both undertakings. I would like to also thank the Newberry Library for hosting this forum and the journal Labor for allowing us to further our dialogue here….

Rethinking Middle America

Source: Christopher CimaglioLabor: Studies in Working-Class History, Vol. 15 no. 3, September 2018
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From the abstract:
The emergence of “Middle America” as a meaningful political category is most commonly credited to the populist conservative politics of the late 1960s and to Richard Nixon in particular. This article presents an alternative origin story for the idea of Middle America, spotlighting liberal commentators and national journalists working in the same period. As these observers sought to understand and portray what they saw as a new and growing white backlash against African Americans’ gains and cultural change broadly, they helped to cement one of the most central and enduring claims in the period’s elite political and media discourse: white workers comprised the core of an alienated, traditionalist white majority—a group many called Middle America—separated from liberal white professionals by a deep cultural divide.