Category Archives: Discrimination

Authoritarianism Reimagined: The Riddle of Trump’s Base

Source: David Norman Smith, The Sociological Quarterly, Latest Articles, April 22, 2019
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From the abstract:
Social scientists are often reluctant to think that cruel words express actual personal cruelty—so when they hear people speak harshly about minorities or women, they tend to blame stress and anxiety, not hate. In that spirit, it is often said that voters who favored Donald Trump in 2016 supported him not because they vibrated with his vindictive rhetoric but rather because they were fearful about their finances. However, many recent studies, including my papers with Eric Hanley, undermine that claim. Financial worries were widespread and did not distinguish Republicans from Democrats in 2016. Rather, what typified Trump partisans was the vehemence of their prejudices—for a domineering leader who would “crush evil” and “get rid of rotten apples” and against feminists, liberals, immigrants, and minorities. My contention here is that grasping this point is essential if we hope to understand the kind of authoritarianism that Trump represents.

Related:
The Politics of Cruelty
Source: Peter Kivisto, The Sociological Quarterly, Latest Articles, April 22, 2019
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From the abstract:
The authoritarian tendencies evident in the Trump campaign and administration are framed by the idea of a “politics of cruelty,“ drawing on Judith Shlkar’s idea of the ”liberalism of fear,” current research using authoritarianism theory, and arguments concerning the impact of the political theology of white Christian nationalism.

Reactionary Tribalism Redux: Right-Wing Populism and De-Democratization
Source: Robert J. Antonio, The Sociological Quarterly, Latest Articles, April 22, 2019
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From the abstract:
This article addresses the question of whether the social impacts, especially increased socioeconomic inequality, and formalization of democracy generated by the neoliberal economization of politics is an important albeit not singular driver of resurgent ethnocracial populism and illiberal democracy.

Patrolling Public Schools: The Impact of Funding for School Police on Student Discipline and Long‐term Education Outcomes

Source: Emily K. Weisburst, Journal of Policy Analysis and Management, Volume 38, Issue 2, Spring 2019
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From the abstract:
As police officers have become increasingly common in U.S. public schools, their role in school discipline has often expanded. While there is growing public debate about the consequences of police presence in schools, there is scant evidence of the impact of police on student discipline and academic outcomes. This paper provides the first quasi‐experimental estimate of funding for school police on student outcomes, leveraging variation in federal Community Oriented Policing Services (COPS) grants. Exploiting detailed data on over 2.5 million students in Texas, I find that federal grants for police in schools increase middle school discipline rates by 6 percent. The rise in discipline is driven by sanctions for low‐level offenses or school code of conduct violations. Further, I find that Black students experience the largest increases in discipline. I also find that exposure to a three‐year federal grant for school police is associated with a 2.5 percent decrease in high school graduation rates and a 4 percent decrease in college enrollment rates.

Opportunity Discrimination: A Hidden Liability Employers Can Fix

Source: Elizabeth Chika Tippett, Employee Rights and Employment Policy Journal, Forthcoming, Posted: April 5, 2019

From the abstract:
This article applies a model of workplace advancement where big employment decisions — like promotions and pay raises — are influenced in part by the disparate distribution of smaller opportunities over time. These smaller opportunities generally do not qualify as “adverse employment actions” for the purpose of a discrimination claim under Title VII of the Civil Rights Act. However, their legal significance has been underestimated. The disparate denial of smaller opportunities has been successfully used as evidence of disparate treatment when plaintiffs are later denied a big opportunity.

In addition, recent legislation passed in Washington state, the Equal Pay Opportunity Act, expanded gender discrimination law to more broadly protect women’s access to opportunities for advancement. The statute will likely encourage employers to scrutinize their distribution of smaller opportunities. In the MeToo era, other states may follow suit.

This article argues that employers should identify and address disparities at the opportunity level to advance workplace equality. Drawing from social science research on discrimination in school discipline, employers could identify the particular decision points and contextual factors that drive disparities and use that information to address the problem. Such undertakings would also be compatible with existing internal employment structures.

#MeToo Has ‘Significant Impact’ on Harassment Filings

Source: Kathy Gurchiek, SHRM, April 12, 2019

Number of sexual harassment charges filed with the EEOC jumps 13.6%

Retaliation was again the type of discrimination charge most frequently filed with the Equal Employment Opportunity Commission (EEOC) in fiscal year 2018, followed by allegations of sex, disability and race discrimination, the agency reported.

Among the 76,418 total workplace discrimination charges the agency received the last fiscal year, 39,469 were for retaliation, accounting for nearly 52 percent of all charges filed. Discrimination based on sex was the second most frequently filed charge, with 24,655 charges received…..

Exposed: Discrimination Against Breastfeeding Workers

Source: Liz Morris – Center for WorkLife Law, Jessica Lee and Joan Williams – University of California Hastings College of the Law, January 1, 2019

From the abstract:
Due to the medical consensus that breastfeeding reduces major health risks to both babies and mothers, the United States is waging an ongoing struggle to improve breastfeeding duration rates. Yet legal protections for breastfeeding parents in the workplace have not kept pace with the U.S.’s public health goals. Based on a review of workplace breastfeeding legal cases from the last decade, an analysis of all federal and state workplace laws protecting breastfeeding workers including coverage statistics, and interviews with women who faced workplace discrimination, this report documents the anemic legal landscape of breastfeeding rights at work. Discrimination against breastfeeding workers often forces them to stop breastfeeding or lose their jobs, at a devastating cost to their families. Almost three-fourths of breastfeeding discrimination cases studied involved economic loss, and nearly two-thirds ended in job loss. The legal tools to prevent and respond to such discrimination are lacking in both efficacy and scope. The report offers policy solutions to fix the gaps in our patchwork of laws to protect breastfeeding workers.

#MeToo – A Brief Review

Source: Amy J. Traub and Amanda Van Hoose Garofalo, Employee Relations Law Journal, Vol. 44, No. 4, Spring 2019
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It is clear that the #MeToo movement has spurred many actions from all sides, but we likely will not know its full impact for years to come. The authors of this article review the inception of the #MeToo movement and how things have changed since the movement began.

It has been more than a year since the allegations against Harvey Weinstein broke in The New York Times, which unleashed one of the largest social media-driven movements seen to date: #MeToo. #MeToo did not confine itself to social media; instead, the individuals driving this movement screamed from their social media platforms until real change occurred – not just small changes made to appease some current fad, but truly dramatic changes that have shifted the way employers and the law handle sexual harassment claims….

Related:

California Employers Face Raft of New #MeToo Laws
Source: Benjamin M. Ebbink, Employee Relations Law Journal, Vol. 44, No. 4, Spring 2019
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The author of this article provides a complete summary of all of the relevant labor and employment legislation recently signed—and vetoed—in California….

What Employers Need to Know About Delaware’s New Anti-Sexual Harassment Law
Source: Zachary R. Davis and Jennifer A. Ermilio, Employee Relations Law Journal, Vol. 44, No. 4, Spring 2019
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A new law expands the Delaware Discrimination in Employment Act to add a section on sexual harassment. In addition, a recent federal court case makes compliance even more important for Delaware employers (as well as those in New Jersey and Pennsylvania). This article provides a brief summary of Delaware’s new anti-harassment law and the case, along with compliance tips for employers…..

Many Changes Lie Ahead for Companies in the #MeToo Era
Source: Charrise L. Alexander, Employee Relations Law Journal, Vol. 44, No. 4, Spring 2019
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For a very long time, companies dealt with sexual assault and harassment allegations quietly and in backrooms. However, thanks to the turning tide, more companies are reexamining their internal policies, encouraging change in corporate culture, and addressing sexual assault, harassment, and discrimination claims more directly. The author of this article discusses the changes and recommends that a good insurance program be a part of those changes.

Closing the Gender Pay Gap: New Approaches to an Old Problem

Source: Kurt Stanberry, Compensation & Benefits Review, First Published March 14, 2019

from the abstract:
This article addresses new approaches to address a long-standing employment compensation problem—the gender pay gap. Existing approaches, including the Equal Pay Act and Title VII, are more than 50 years old, and have only been marginally successful in resolving this problem. A pay gap based on gender remains a problem today. New approaches include the potential passage of the Paycheck Fairness Act at the federal level and a variety of laws at the state level. Some states have passed pay equity laws that are more successful than the federal law due to the use of the comparable work concept. Additionally, some states have passed laws regulating the asking of salary history questions, as well as the use of non-compete and no-poaching agreements, all of which have a chilling effect on pay equity. The result of the combination of these actions is a probable reduction of the gender pay gap, although eliminating it remains a distant goal.

Stalking In The Workplace

Source: Maureen Minehan, Employment Alert, Volume 36 Issue 6, March 18, 2019
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An employee reports that a co-worker is making her uncomfortable. Despite repeatedly telling him she is not interested in any type of relationship with him, he regularly leaves presents on her desk. When you ask him about his behavior, he says they are just small things and he gives them to her only because he is sure they are something she will like. If you find yourself in a similar situation, your alarm bells should go off. Giving of unwanted presents is a characteristic often found in stalking situations….

Does Increasing Racial Minority Representation Contribute to Overall Organizational Performance? The Role of Organizational Mission and Diversity Climate

Source: Hongseok Lee, The American Review of Public Administration, Early View, March 10, 2019
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From the abstract:
One underexplored question in the representative bureaucracy literature is whether public employees advocate for their demographic groups at the expense of other groups or their organizational roles. Many studies have focused on the link between passive representation, or the extent to which the public workforce reflects the demographic characteristics of its clients, and active representation, or the extent to which policies advance the interests of those people. However, little research has been done on whether and when increased representation by a certain group enhances overall organizational performance. This study examines the relationship between racial minority representation in U.S. federal agencies and the agencies’ goal achievement while considering the moderating role of organizational mission and diversity climate. The panel data analysis shows that increased minority representation lowers agencies’ goal achievement. However, a positive relationship exists between the two in agencies that mainly work to promote social equity for disadvantaged populations and foster a positive diversity climate in the workplace. These findings suggest that racial minority employees can better contribute to organizational success in agencies where they balance advocacy and organizational roles well and they are treated fairly and respectfully.