Discrimination Complaints Research Articles

Judge rules against former employee in sex discrimination complaint

Judge rules against former employee in sex discrimination complaint

OCR receives record number of discrimination complaints

OCR receives record number of discrimination complaints

Justice Delayed is Justice Denied: Managing Contracting Performance for Equal Employment Opportunity Discrimination Complaints

Public agencies often use contractors to facilitate Equal Employment Opportunity (EEO) discrimination complaint cases, but we know relatively little about which factors influence contracting performance of the complaint process. Drawing on contracting theories, this study examines two factors—incentive structure and contractor ownership (i.e., women-owned and small disadvantaged-owned)—that moderate the link between agency contracting use and agency performance in the discrimination complaint process. Using the agency-level panel data from multiple sources, this study finds agency contracting use facilitates the discrimination complaint process when agencies use a performance-based incentive structure. When it comes to the moderating effect of contractor ownership focused on the socially/economically underrepresented, the findings show that using small disadvantaged-owned contractors positively moderates the relationship between contracting use and performance at the agency level.

Recent OCR letter gives tips for responding to complaints about faculty

When students file discrimination complaints against faculty members, rather than other students, such allegations can sometimes trigger multiple investigations/compliance reviews.

Recent OCR letter gives tips for responding to complaints about faculty

When students file discrimination complaints against faculty members, rather than other students, such allegations can sometimes trigger multiple investigations/compliance reviews.

The social public interest in China's employment anti-discrimination laws and its realisation paths

ABSTRACT Despite its close relationship to employment rights, the concept of the public interest in labour law lacks extensive discussion. Even fewer scholars have studied employment discrimination in China from this perspective, despite China signing many international Conventions and Recommendations related to employment rights. This article analyses the social-based attributes in China's employment anti-discrimination laws, arguing that the laws should prioritise the protection of public interests. It then distils the connotation of the social public interest carried by the laws from the perspectives of legal values, the independence of legal interest, and legislative purposes. Subsequently, this article examines the implementation of the laws at judicial and administrative levels, identifying limitations in individual-oriented approaches and deficiencies in safeguarding the public interest. These limitations and deficiencies primarily manifest in the fact that labour agencies generally do not accept employment discrimination complaints or subtly exclude hiring processes from the scope of administrative enforcement, while courts are accustomed to a private law rationale of compensating for actual losses. Accordingly, this article suggests establishing and maintaining a fair labour market competition order by imposing punitive damages to deter potential discrimination, activating administrative enforcement to rectify past discrimination, and guiding employers to proactively assume social responsibility.

How Belonging to a Minority Group, Receiving a Hiring Decision and Getting Feedback on Test Results Affect the Intention to File a Complaint: The Mediating Role of Perceived Discrimination in Hiring

Objective indicators, such as minority hiring rates or number of complaints, often fail to fully represent actual discrimination in hiring processes, particularly against racial and ethnic minorities (McGonagle et al., 2016). Despite legal efforts in Quebec to increase employment of minorities, their ongoing underrepresentation points to the need to examine discrimination in terms of perceived experiences. In line with Anderson (2011), we investigated perceived discrimination in hiring (PDH), its predictors and its effect on the intention to file a discrimination complaint, rather than solely considering actual complaints. Using a quasi-experimental design, we simulated a fictitious hiring process with 361 students from French-speaking Canadian universities. First, we confirmed the three dimensions of the recently developed PDH scale: differential treatment; breach of psychological contract; and non-competency-based assessment (Haeck-Pelletier, 2022). Second, using structural equation modelling (SEM), we found mediation effects: PDH scores were higher across all dimensions when a candidate belonged to a minority group, received a negative hiring decision or did not receive feedback on test results. However, only differential treatment predicted a candidate’s intention to file a complaint. In addition to this first empirical test of Anderson’s model, the results suggest that organizations should address perceptions of unfair treatment due to minority group membership by identifying and modifying the practices that contribute to them. The eventual outcome would be a more representative workforce.

The anatomy of an OCR complaint form

The Office for Civil Rights is responsible for enforcing federal civil rights laws that prohibit discrimination in programs or activities that receive federal funding. To this end, it investigates complaints of disability discrimination (as well as other forms of discrimination) against colleges and universities.

Americans with disabilities act cases initiated by individuals with cochlear implants in the United States

ObjectiveThe Americans with Disabilities Act (ADA) is a federal law that forbids discrimination against individuals with certain disabilities, including hearing impairment. This study aimed to determine the nature of ADA discrimination complaints in individuals with cochlear implants. MethodsA search for court decisions containing the terms “cochlear implant” and (“Americans with Disabilities Act” or “ADA”) from 1985 to 2021 was performed with the Westlaw Campus Research legal database. Cases were included and analyzed if at least one of the plaintiffs had a cochlear implant and was claiming discrimination related to their hearing impairment based on the ADA. Results24 cases initiated between 2003 and 2021 in 19 US states were identified based on inclusion criteria. The highest number of cases occurred in California (N = 4, 16.7 %). The alleged discrimination most frequently took place at a K-12 school (N = 9, 37.5 %), workplace (N = 7, 29.2 %), or during an encounter with police/correctional officers (N = 4, 16.7 %). Fourteen (58.3 %) cases involved complaints under Title II (Public Services) of the ADA. Seven (29.2 %) involved Title I (Employment) and 4 (16.7 %) involved Title III (Public Accommodations). Summary judgment was given in favor of the defendant or the case was dismissed entirely in 16 (66.7 %) of the cases. ConclusionPatients with cochlear implants are still at risk of discrimination because of their disability. Cochlear implantees, school employees, workplace supervisors, and law enforcement personnel can benefit from ADA education.

The Issue of Protection of Disabled Persons Rights

This article covers the present condition of disability rights in the United States, focusing on the continued obstacles experienced by those with disa-bilities in the workplace, public spaces, and sporting venues. Despite the fact that the Americans with Disabilities Act (ADA) offers extensive safeguards for those with impairments, these provisions are seldom implemented. In 2019, the United States Equal Employment Opportunity Commission re-ceived over 24,000 complaints of disability-related employment discrimina-tion, illustrating the persistent difficulties experienced by handicapped work-ers. In addition, the United States Department of Justice received approxi-mately 8,000 complaints involving accessibility issues in public areas, under-scoring the ongoing need for stricter enforcement of laws governing public accessibility. Participation in sports has been proven to provide substantial advantages for those with disabilities, but it remains difficult to ensure that sports facilities are really accessible and inclusive. According to the article's premise, full application and enforcement of disability rights laws in the United States requires more education and awareness among employers, public accommodations, and sports management.

Office of Civil Rights received record‐breaking number of discrimination complaints

The U.S. Department of Education's Office of Civil Rights received a record‐breaking number of discrimination complaints filed between Oct. 1, 2021 and Sept. 30, 2022. During that time period, almost 19,000 discrimination complaints were filed. The previous record for discrimination complaints filed was 16,000 in 2016.

I Know My Rights! A Longitudinal Study of Discrimination due to Physical Inaccessibility from the Perspective of Wheelchair Users.

It is a fundamental right to be able to access society and the services in it. From the perspective of disability rights, people with mobility-related disabilities who use wheelchairs must have equal opportunities to participate in and contribute to society - whether it is school, work, or (activity) leisure. This ongoing study is a longitudinal document study with qualitative content analysis. The document study is based on incoming complaints of discrimination due to inaccessibility received by the DO in Sweden, 2015-2023. The study explores how the users of wheelchairs and scooters experience discrimination due to their inaccessibility, using the ICF framework, among reported complaints to the DO from 2015-2023. The preliminary results show an increase in the number of complaints about discrimination across the entire period of 2015-2023. Responding to peoples' lived perspectives has often been cited as crucial to understanding how inclusion and exclusion play out in real life. A more accessible world depends on the extent of our knowledge and the politics of knowing-making, according to recently published research. Analyzing complaints about lack of accessibility over time generates essential knowledge for how discrimination against people who use wheelchairs can be prevented. This project also contributes to essential knowledge for social sustainability, economic sustainability, and a sustainable, accessible environment for people who use wheelchairs.

Office of Civil Rights received record‐breaking number of discrimination complaints

The U.S. Department of Education's Office of Civil Rights received a record‐breaking number of discrimination complaints filed between Oct. 1, 2021 and Sept. 30, 2022. During that time period, almost 19,000 discrimination complaints were filed. The previous record for discrimination complaints filed was 16,000 in 2016.

AHRC Efforts Action to Reduce Racial Discrimination Cases Occur in Australia

This article discusses the efforts of the Australian Human Rights Commission (AHRC) to reduce cases of racial discrimination in Australia 2015-2018. The AHRC's efforts are defined in five rules and procedures for resolving complaints of racial discrimination. Among them are socialization or early warning, complaints and investigations, compliance, continuation of legal action, and public hearings. The moment Australia ratified the United Nations Human Rights Commission (UNHRC) rules, namely the CERD rules on the International Convention on the Elimination of All Forms of Racial Discrimination which sparked the 1975 Racial Discrimination Act that could form the formation of the AHRC in 1986. In principle UNHRC is an organization known as the regime adopted in Australia in the form of the AHRC. This journal aims to discuss, describe, and find out the efforts of the Australian Commission on Human Rights in reducing cases of racial discrimination in Australia 2015-2018. Describes the rules and procedures for resolving racial discrimination complaints received by the AHRC through the five stages of resolution. After that it analyzes whether the five rules and procedures applied by the AHRC are implemented optimally to reduce cases of racial discrimination that occurred in Australia in 2015-2018.

Office of Civil Rights received record‐breaking number of discrimination complaints

The U.S. Department of Education's Office of Civil Rights received a record‐breaking number of discrimination complaints filed between Oct. 1, 2021 and Sept. 30, 2022. During that time period, almost 19,000 discrimination complaints were filed. The previous record for discrimination complaints filed was 16,000 in 2016.

Organizational Directives and the Persistence of Racial Discrimination in U.S. Public Accommodations

Public accommodations have been key sites of racial inequality in the United States for well over a century. Relative to employment and housing, however, systematic analyses of discrimination in public accommodations remain scarce in the sociological literature. Especially important may be whether and/or how organizational norms and directives underpin contemporary occurrences of racialized differential treatment in public accommodations. Based on an analysis of 319 closed case investigations gathered from Freedom of Information Act (FOIA) requests to civil rights commissions across 18 U.S. cities and states (2015–2020), findings reveal that African Americans and, in particular, African American men are frequent targets in formal complaints of racial discrimination in public accommodations. Building on theoretical expositions regarding the organizational foundations of inequality, case materials suggest that organizations’ ideal patron norms, policies, and directives play a foundational role in producing these racial disparities. Several purportedly “colorblind” institutionalized tools (e.g., admission tickets, restroom access, tote/bookbag rules, and dress codes) were also found to be central to these processes. As such, I argue that organizations of public accommodation contribute to the (re)creation of racial hierarchies as they normalize, direct, weaponize, and legitimize gatekeepers’ profiling and discretion—discretion which is often imbued with explicit or implicit stereotypes of the iconic ghetto/Negro—in these incidents.

Constructing Discrimination Rights: Comparisons Among Staff in Long-Term Care Health Facilities.

Despite increased attention to racial and gender justice in the workplace in recent years, discrimination complaints remain vastly underreported. Building on legal consciousness theory-which explains how individuals invoke (or do not invoke) legal principles to define everyday experiences-this study examines how long-term care facility staff understand experiences of discrimination by residents and why staff fails to report discrimination. This qualitative comparative study uses in-depth semistructured ethnographic interviews to compare experiences among facility staff (n = 80) at three levels (floor staff, mid-management, and upper-management). The qualitative content analysis incorporated both inductive and deductive coding approaches. Findings reveal extensive unreported instances of discrimination from residents. Staff at all levels rarely invoked discrimination concepts to describe interactions between residents and staff. Floor staff framed residents' discriminatory behavior as a condition of employment or attributed resident behavior to their health or cognitive status. Mid-management framed experiences around staff safety. Upper-management acknowledged staff rights without invoking discrimination rhetoric. By avoiding naming experiences as discrimination and blaming residents, most floor staff never reached the claiming process that would result in a report or complaint of discrimination. Managers' framings also shaped how front-line staff and managers named, blamed, and claimed experiences of discrimination and help explain why staff may be hesitant to report discrimination by residents. These findings suggest the need for new and targeted policy and practice approaches that address the nuances accompanying how staff understands workplace experiences as discrimination.

Two Wrongs Do Not Make a Right: Understanding Retaliation for Filing Discrimination Complaints in the U.S. Federal Government

One of the primary barriers to equal treatment in the workplace is how victims are treated following a complaint of discrimination. If complaints are not taken seriously or if employees experience retaliation, this discourages others from objecting to discriminatory treatment. This research focuses on retaliation claims and organizational characteristics associated with those claims, using data from U.S. federal government agencies. We evaluate whether leadership reporting structure, staff capacity to manage complaints, and manager representativeness are associated with the rate of retaliation incidents reported by employees. Agencies where the Equal Employment Opportunity (EEO) Director reports directly to the agency head have lower rates of retaliation claims. Conversely, agencies with more EEO staff, per employee, have higher rates of retaliation claims. Manager representativeness is not associated with retaliation claims. Importantly, increased discrimination complaints may not signify a “bad” agency. Instead, this could signify that employees are filing because they believe their claims will be addressed fairly.

The diffusion of federal Title IX complaints throughout U.S. colleges and universities, 1994–2014

This article uses an original dataset of federal Title IX complaints to assess whether and how mobilization of the law to confront sexual harassment has diffused throughout four-year (and above) nonprofit colleges and universities. Event history analyses show that complaints spread more rapidly among schools of similar selectivity as well as among institutions linked by a new indicator for social proximity—school Twitter ties—that encompasses multiple forms of social proximity simultaneously. The same diffusion patterns do not emerge for other types of sex discrimination complaints filed under Title IX, indicating that networks channel the capacity to mobilize law differently across different types of claims. The findings illuminate a dramatic transformation in the deployment of Title IX that has reshaped how colleges and universities govern gender relations.

Challenging and Changing Discrimination Against Asian-American Cybersecurity and Engineering Employees in Information Technology Workplaces

Duvall Systems is a government information technology, and cybersecurity consulting firm focused on providing high-tech consulting support for U.S. federal government agencies. Duvall has experienced a series of discrimination complaints from Asian-American employees related to workplace mistreatment. These complaints relate to a hostile work environment, discrimination in promotions, and employee evaluations. Many of the complaints have been driven by racist attacks against Asian-American employees blaming them for COVID-19. The focus of the study is an exploration of diversity and inclusion in a cybersecurity consulting company. An action research approach used included fact-finding interviews, barrier analysis, company policy assessments, content analysis of the problem in the literature, and recommendations based on the amalgamation of the triangulated data.