Red vs. Blue States: Cases of Employment Discrimination Influenced by Geography?

Abstract

Normal 0 false false false EN-US X-NONE X-NONE The seemingly increasing political divide in the United States between Democrats and Republicans has often resulted in both parties working to advance their ideology rather than forge a consensus with the other side. This polarization can often be seen in the geography of the nation which can characterize most of the states as either solidly “red” (Republican/conservative) or “blue” (Democratic/liberal). With federal judges appointed by the President and confirmed by members of Congress, one wonders if these politically appointed judges reflect in their rulings the ideology of those who appointed/confirmed them and/or if the “color” of the state in which they preside has any bearing on the number of cases brought before them. In a random sample of federal employment discrimination cases (n=657), this study sought to examine the influence of geographic location and the political ideology/leanings of states may have on both the frequency and outcomes of employment discrimination claims. The results revealed noteworthy and significant differences between states in both the frequency (more or less cases than would be expected to be filed based on relative population size) and degree of plaintiff success/failure in such cases. As a result of these findings, implications are advanced for employees and employers as a consequence of these geographic and political differences. /* Style Definitions */ table.MsoNormalTable {mso-style-name:Table Normal; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin-top:0in; mso-para-margin-right:0in; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0in; line-height:115%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:Calibri,sans-serif; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:Times New Roman; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin;}