Employment Discrimination Charge Rates: Variation and Sources

The authors document variation in charge rates by demographic basis, observe basis and spatial variation in charge rates, and examine potential sources of this variation. The authors find that discrimination charge rates are much higher for the disabled and African Americans than for women, people o...

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Main Authors: Donald Tomaskovic-Devey, Carly McCann
Format: Article
Language:English
Published: SAGE Publishing 2021-12-01
Series:Socius
Online Access:https://doi.org/10.1177/23780231211064389
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author Donald Tomaskovic-Devey
Carly McCann
author_facet Donald Tomaskovic-Devey
Carly McCann
author_sort Donald Tomaskovic-Devey
collection DOAJ
description The authors document variation in charge rates by demographic basis, observe basis and spatial variation in charge rates, and examine potential sources of this variation. The authors find that discrimination charge rates are much higher for the disabled and African Americans than for women, people older than 40 years, Hispanics, Asians, immigrants, and men, and there is dramatic state-level variation in charge rates. Possible explanations for this variation include access to legal representation, post-complaint employer retaliation, job loss, rights consciousness, and variations in charge outcomes. Findings point toward regulatory outcomes mandating changes in employer behavior as the only robust antecedent to discrimination charge filing. Unfortunately remedies targeting employer behavior are rare, while employer retaliation and firing are common. Neither access to law nor the frequency of monetary damages are associated with charge filing. Rights consciousness is associated with more discrimination charge filings, but only on the bases of disability.
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spelling doaj.art-d27813202add4fb5954773f0389527a62022-12-21T23:38:49ZengSAGE PublishingSocius2378-02312021-12-01710.1177/23780231211064389Employment Discrimination Charge Rates: Variation and SourcesDonald Tomaskovic-Devey0Carly McCann1University of Massachusetts, Amherst, MA, USAUniversity of Massachusetts, Amherst, MA, USAThe authors document variation in charge rates by demographic basis, observe basis and spatial variation in charge rates, and examine potential sources of this variation. The authors find that discrimination charge rates are much higher for the disabled and African Americans than for women, people older than 40 years, Hispanics, Asians, immigrants, and men, and there is dramatic state-level variation in charge rates. Possible explanations for this variation include access to legal representation, post-complaint employer retaliation, job loss, rights consciousness, and variations in charge outcomes. Findings point toward regulatory outcomes mandating changes in employer behavior as the only robust antecedent to discrimination charge filing. Unfortunately remedies targeting employer behavior are rare, while employer retaliation and firing are common. Neither access to law nor the frequency of monetary damages are associated with charge filing. Rights consciousness is associated with more discrimination charge filings, but only on the bases of disability.https://doi.org/10.1177/23780231211064389
spellingShingle Donald Tomaskovic-Devey
Carly McCann
Employment Discrimination Charge Rates: Variation and Sources
Socius
title Employment Discrimination Charge Rates: Variation and Sources
title_full Employment Discrimination Charge Rates: Variation and Sources
title_fullStr Employment Discrimination Charge Rates: Variation and Sources
title_full_unstemmed Employment Discrimination Charge Rates: Variation and Sources
title_short Employment Discrimination Charge Rates: Variation and Sources
title_sort employment discrimination charge rates variation and sources
url https://doi.org/10.1177/23780231211064389
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