Experimental Evidence that Retaliation Claims Are Unlike Other Employment Discrimination Claims

The type of discrimination claim that strikes fear in the hearts of all employers is the dreaded retaliation claim. While employers contend, and plaintiffs admit, that retaliation is different from other discrimination complaints, employee advocates have put forth legislation that would equalize retaliation with the other types of discrimination. This bill, Protecting Older Workers against Discrimination Act (POWADA), would expand the so-called mixed-motive jury instruction to age, and disability, as well as retaliation. Moreover, it would allow plaintiffs, not judges, to decide which types of instruction the jury would receive. In this article, the authors argue that retaliation claims should not receive the same treatment as other discrimination claims (including age and disability), because it’s easy for juries to believe that retaliation is a factor, regardless of other facts. Once a fact-finding jury checks the box to indicate that an employer’s motive might include retaliation, the employer will likely have to pay fees and costs, at minimum, regardless of the claim’s final resolution.

Black-White Wage Gap Among Restaurant Servers: A Replication, Extension, and Exploration of Consumer Racial Discrimination in Tipping

There is a rich history of social science research centering on racial inequalities that continue to be observed across various markets (e.g., labor, housing, and credit markets) and social milieus. Existing research on racial discrimination in consumer markets, however, is relatively scarce and that which has been done has disproportionately focused on consumers as the victims of race-based mistreatment. As such, we know relatively little about how consumers contribute to inequalities in their roles as perpetrators of racial discrimination. In response, in this paper we elaborate on a line of research that is only in its’ infancy stages of development and yet is ripe with opportunities to advance the literature on consumer racial discrimination and racial earnings inequities among tip dependent employees in the United States. Specifically, we analyze data derived from a large exit survey of restaurant consumers (n=378) in an attempt to replicate, extend, and further explore the recently documented effect of service providers’ race on restaurant consumers’ tipping decisions. Our results indicate that both White and Black restaurant customers discriminate against Black servers by tipping them less than their White coworkers. Importantly, we find no evidence that this Black tip penalty is the result of interracial differences in service skills possessed by Black and White servers. We conclude by delineating directions for future research in this neglected but salient area study.

Disentangling Discrimination: The Impact of Political and Societal Discrimination on Democratic (Dis)Engagement

Thesis (Ph.D.)--University of Washington, 2016-08

Influence of the perception of discrimination on women's work motivation

Nowadays, despite anti-discrimination policies, women suffer frequently from a lack of consideration from their male colleagues, altering their well-being and motivation to work. More precisely, perceived personal or groupal discrimination, could have a distinct influence on work motivation. Previous studies showed that the impact on women varies in function of the type of perceived discrimination (Bourguignon et al. 2006). Based on the self-categorization and the social identity theory, work motivation is differently structured as if employees categorized themselves as individuals or as part of a group. As a result, a different impact from personal and group discrimination on work motivation is expected. Moreover, it has been proved that typical men behavior is heavily associated with competence compared to women behavior (Marchand, Saint-Charles & Corbeil, 2007). Therefore, it is hypothesized that women with more masculine traits will suffer from less perceived discrimination, and work motivation. An online survey was created in order to collect data over work motivation, perceived personal and group discrimination. The respondents were also questioned on typical men and women behavior to determine their gender-conformity. To test our hypotheses, data were collected from 57 women stemming from the labour force, aged from 21 to 63 years old. Results indicate that perceived personal discrimination was negatively related to work motivation and that perceived group discrimination was negatively correlated with masculine behavior. Thereby, our study enhances the importance of work environment, and especially discrimination, on work motivation. This research also corroborates the self-categorization and the social identity theory framework to study these issues.

Apprentissage de la discrimination visuelle chez les déficients mentaux au moyen d'exercices de stimulation appropriés

C'est au début du siècle que la médecine, la psychiatrie et la psychologie commencent à s'intéresser à l'éducation des enfants déficients. Les travaux de Binet et Simon publiés entre 1900 et 1910, de même que ceux de Spearman (1927), contribuent à établir une mesure de l'intelligence tandis que Montessori (1900) met sur pied une pédagogie pour l'enfant déficient. Plus récemment certains organismes se sont préoccupés du problème de la déficience mentale. L'Organisation des Nations Unies adoptait, le 20 décembre 1971, la déclaration des droits généraux et particuliers des déficients mentaux. Cette déclaration, rapportée à l'Appendice A, mentionne que le déficient mental doit, dans la mesure du possible, jouir des mêmes droits que toute autre personne. Plus près de nous, le Ministère de l'Éducation forme en 1976 le Comité Provincial de l'Enfance Exceptionnelle (COPEX) et lui donne comme mandat de faire le bilan du système d'éducation de l'enfant en difficulté d'adaptation et d'apprentissage. Ce rapport souligne le droit de l'enfant à l'éducation en ces termes : « L'enfant en difficulté d'adaptation et d'apprentis sage mérite le respect, l'attention et l'assistance qui correspond à ses aspirations, à ses besoins généraux et spécifiques. Les droits et libertés reconnus à la personne humaine, et en particulier à l'enfant, doivent également s'appliquer à l'égard de l'enfant en difficulté » (p. 550). C'est dans cet esprit que certaines commissions scolaires ont offert des services spécialisés à cette clientèle. Présentement, nous retrouvons dans les classes d'adaptation scolaire, de plus en plus d'enfants déficients dont l'âge de développement mental dépasse à peine 24 mois. Pour certains enfants, cette déficience intellectuelle est associée à un deuxième handicap d'ordre physique (I.M.C., maladie organique, épilepsie, etc.) ou d'une déviation grave d'apprentissage (problèmes de langage, de lecture, etc...).[…]

Use of a textured insole to improve the association between postural balance and ankle discrimination in young male and female dancers

Why Does Employment Discrimination Persist against People with Mental Illness? Effects of Negative Stereotypes, Power, and Differential Discrimination

Mental illness affects a sizable minority of Americans at any given time, yet many people with mental illness (hereafter PWMI) remain unemployed or underemployed relative to the general population. Research has suggested that part of the reason for this is discrimination toward PWMI. This research investigated mechanisms that affect employment discrimination against PWMI. Drawing from theories on stigma and power, three studies assessed 1) the stereotyping of workers with mental illness as unfit for workplace success, 2) the impact of positive information on countering these negative stereotypes, and whether negatively-stereotyped conditions elicited discrimination; and 3) the effects of power on mental illness stigma components. I made a series of predictions related to theories on the Stereotype Content Model, illness attribution, the contact hypothesis, gender and mental health, and power. Studies tested predictions using, 1) an online vignette survey measuring attitudes, 2) an online survey measuring responses to fictitious applications for a middle management position, and 3) a laboratory experiment in which some participants were primed to feel powerful and some were not. Results of Study 1 demonstrated that PWMI were routinely stigmatized as incompetent, dangerous, and lacking valued employment attributes, relative to a control condition. This was especially evident for workers presented as having PTSD from wartime service and workers with schizophrenia, and when the worker was a woman. Study 2 showed that, although both war-related PTSD and schizophrenia evoke negative stereotypes, only schizophrenia evoked hiring discrimination. Finally, Study 3 found no effect of being primed to feel powerful on stigmatizing attitudes toward a person with symptoms of schizophrenia. Taken together, findings suggest that employment discrimination towards PWMI is driven by negative stereotypes; but, stereotypes might not lead to actual hiring discrimination for some labeled individuals.

Fundamental Rights and Reverse Discrimination

Reverse discrimination – whereby member states may treat their own nationals worse than nationals of other member states by invoking a “purely internal situation” in which European law does not apply – has long been a problem within the European Economic Community turned European Union. Using as a touchstone the Zambrano case, to be decided shortly, this paper argues that introducing citizenship alters the status of individuals vis-à-vis their governments, implies equality of treatment among citizens, and should eliminate reverse discrimination. Raising examples from the United States and Canada, I show how the introduction of federal rights empowered individuals and redrew the relationship between the governments of the center and the units. Citizenship limits the power of member states to treat their own nationals worse than nationals of other member states. This does not eliminate the tension between center and unit (or federal and regional; EU and member state) law but should give extra weight to former over the latter. Jurisdictional issues remain, but the rise of Union citizenship means that EU law should grow to encompass any right protected or promoted by shared citizenship.

Modeling the impact of social discrimination on the physical and mental health of portuguese gay, lesbian and bisexual people

Background: Despite growing acceptance of same-sex sexuality in Portugal, identity development of lesbian, gay and bisexual (LGB) individuals is still restricted by negative societal attitudes, which maintain the experience of stigmatization and discrimination. The purpose of this study is to document the frequency of discriminatory events experienced by sexual minorities and their association with indicators of physical and mental health in Portugal. Methods: A total of 610 LGB participants completed an online survey (mean age = 34.48, SD = 11.54). Most participants were single and self-identified as gay (73.8%). The survey included five categories of survey items: demographic information, social support, physical health, mental health, and discrimination experiences. Results: Physical and mental health results revealed that bisexual people were more likely to report higher levels of psychological distress than gay men. Overall, between one-fifth and one-fourth of the participants in this sample frequently felt the need to hide their sexual orientation to prevent discrimination experiences across the different settings. Regarding actual discrimination experiences, close to 20% reported having suffered from verbal abuse, followed by close to 10% who suffered from written threats, harassment, and physical threats. A hierarchical multiple regression analysis was performed to assess the effects of anticipated and actual discrimination on mental health. Possible confounding variables were added in the first block – age, sexual orientation, being in a relationship, body mass index, and HIV status. Anticipated and actual discrimination experiences were added in the second block. The first block of the analysis explained 6% of the overall variance, while the second block – discrimination experiences – explained an additional 17%. Conclusion: Portuguese culture and stigma/discrimination create discriminatory experiences which impact LGB people’s health. Unless policies are changed to allow for the acceptance of LGB people, they will continue to experience violence and discrimination as a result of homophobia.

Evidence of Discrimination Against Afrocolombians in the Colombian Labor Market in Major Cities in 2007

This paper evaluate the hypothesis that race is a determining factor in access to quality employment in Colombia during 2007 -- Using data from the Large Integrated Household Survey (2007-I), we estimate a generalized ordered logit model -- The results provide evidence that individuals self-identified as Afrocolombian have a higher probability of being in a low quality job than other Colombians -- This probability is higher by 1.9% in Cali, 3.4% in Bogotá, 12.6% in Barranquilla, 1.8% in Cartagena, 1.1% in Medellin and 3.8% overall in these five cities, results that could indicate that there is racial discrimination against Afrocolombians in the Colombian labor market

Discrimination in the Private Sphere. A subjective Right or a Legal Abuse. An European North American Legal Comparative Study

En el presente trabajo se estudian los límites de la autonomía privada desde la perspectiva del derecho a la igualdad y del principio de no discriminación tanto en el derecho norteamericano como en el europeo, con especial incidencia a la doctrina española. Por un lado se plantea si la piedra angular a la hora de establecer límites a la autonomía privada debe ser el concepto de dignidad o el de igualdad, por otro superando dicho debate se propone un acercamiento al problema entendido como una colisión entre derechos fundamentales en la que en cada concreto supuesto ha de estudiarse cual debe prevalecer. Finalmente se estima conveniente seguir el modelo de la Constitución de Sudáfrica y entender que los derechos fundamentales afectan directamente tanto a las relaciones horizontales como verticales, es decir tanto al ámbito público como privado.