Discrimination Lawsuits Research Articles

Gender discrimination lawsuits: How board gender diversity impacts gender litigation likelihood and outcomes

Gender discrimination in firms is an ongoing problem, yet we know little about whether board gender diversity affects gender discrimination litigation. Boards are an important and visible component of an organization’s leadership and are positioned to influence firm policies and attitudes. Using social identity theory, we consider how board gender diversity impacts firms that face gender discrimination lawsuits. Furthermore, we explore how greater board gender diversity provides reputational capital which acts as insurance against litigation outcomes. Using a dataset of gender discrimination lawsuits and experiments simulating jury decision making, we hypothesize that more gender diversity on the board will protect firms from gender discrimination litigation and its outcomes. We find that firms with greater board gender diversity are at a higher likelihood of incurring gender discrimination litigation yet receive more favorable decisions by judges and juries including a greater likelihood of receiving favorable verdicts and of paying lower damages.

Legal Briefs

College settles discrimination lawsuit with former football player Indiana anti‐hazing bill signed into law New Mexico mulls anti‐hazing legislation

EEOC vs. the Times-Picayune: Blue-Collar Complaint Precedes Colorized Newsroom

A 1968 complaint by a black, blue-collar worker, Wendall A. Payne, at the Times-Picayune in New Orleans, led to a federal appeals court in 1976 issuing a consent decree that required the newspaper, one of the major dailies in the South, to hire more black employees including journalists. At other dailies nationally in the late 1960s to early 1970s, racial integration occurred in the newsroom because newspapers were affected by provisions of the Civil Rights Act of 1964, the Equal Employment Opportunity Commission, the need for black reporters to cover urban uprisings, the Kerner Commission report, and/or a “moral imperative.” Notwithstanding, litigation was not necessary to induce the dailies to hire black full-time reporters. The Picayune, however, required pressure from Payne’s complaint that led to an EEOC employment discrimination lawsuit against the paper. Subsequently, the Picayune diverted from its white-centered trajectory and traveled on a path leading to racial inclusiveness.

The case of tenure and promotion: an examination of Title VII and minoritized faculty representation

ABSTRACT This quantitative study examines all discrimination lawsuits filed against institutions of higher education by faculty in the United States involving tenure and promotion throughout 1977–2022. Using institutional faculty gender and race data, we examine the association between Title VII tenure and promotion lawsuits and representation of minoritized faculty in academia. We find an association between institutions involved with a discrimination lawsuit and greater disparities for women and intersectional minoritized faculty. The results underscore that while gender remains an important variable for understanding the minoritized experiences of faculty in higher education, the perception of fairness is further skewed for individuals with an intersection of gender and race to their person. This study contributes to research examining tenure and promotion denial lawsuits to better understand the barriers of career progression for minoritized faculty in academia.

Making a Riot in the Gaming Space

As the gaming industry and culture continue to shift and mold toward consumers, developers and companies are in a constant race to learn to adapt and remain relevant. With masterful crafting of marketing strategies, increasing capital investment in game development, and even closer attention towards consumer relationships, Riot Games, a prominent company within the gaming industry, boasts to be a strong case study of the complex intersectional, material, and cultural dynamics of play as situated practices. Boasting a robust gaming culture with almost unrivaled business success, Riot is quickly becoming a multibillion-dollar business (Jarrett 2021). With its perceived success within the gaming community, it is important unpack the logic of success that construe Riot as a model to learn from despite the world of compliant raised against it. In doing so, we can use these logics of success and the world of complaint to complicate the façade of success that is fabricated through uneven relations of power establishing the hegemony of play.
 Since the advent of video games, scholars have long studied the hegemony of play, diving deep into the exploration of the social impact of technology, positioning of video games in society, and the power structures that video game industries uphold (Fron et al. 2007; Gray 2020). The tendrils of hegemony of play extend far and wide, finding its traces in racial capitalism, alienating minority groups, exploitative game production, and so much more. By delving deeper into the logic of success in conjunction with the hegemony of play, one can acquire the tools to critically analyze and critique the criteria by which Riot’s success is measured among different communities. The two main criteria of interest explored in this piece include financial success and success in crafting reputation. Juxtaposed against these two criteria of success, this paper will then dive deep into the world of complaint expressed against Riot. Building on Sara Ahmed’s theorization of complaint that explores how complaints are often made behind closed doors and how people who raise complaints frequently have their doors shut on them (Ahmed 2021), this paper proceeds to offer a systematic analysis on the power structures embedded in the logic of success that perpetuate the hegemony of play.
 One may ask, why is it important to raise questions and critique the logic of success holding up Riot Games’ status? We must pull away focus on surface-level success and attend to complaint to understand how this hegemony of play is upheld—if one wants to disrupt the hegemony, we must care for complaints. Engaging in a series of textual analysis, this paper will draw from trade journals, news articles, and discussion forums in the contexts of not only financial and reputational success, but also the world of complaint as Riot is no stranger to controversy, being subject to gender-based discrimination lawsuits and culture of sexism (Liao 2022).

Longer, Healthier, Happier: Why Working Longer Improves Almost Everything

Most Americans retire around age 65 because of a decision made in Germany more than a century ago. Today, this is not economically practical and fights human nature. While some people do happily and successfully retire before 65, many can’t, or don’t want to. This article looks at the gains from working longer. We argue that working longer produces more pre- and post-retirement income, more employer profits, higher tax revenue, and a more optimal social configuration. Using simulations, we show the improvement in incomes from working to various ages and at various levels of engagement. We present a solution. Laws, regulations, and other institutional factors, mostly put in place with good intentions to protect workers, keep employers and employees from negotiating individualized wage and hour agreements in older age, even when both would benefit. We advocate establishing a purely voluntary “unprotected class” into which any employee can opt, making both employer and employee immune from age discrimination lawsuits and other obstacles to these individually negotiated deals. It’s all upside for both parties, since nobody would ever be required to join the unprotected class.

Social Equity and Airbnb: A Response to Litigation Pressures

Abstract This case presents the challenges facing organizations within the sharing economy as they struggle to become more socially inclusive. After describing corporate social responsibility (CSR), specifically social equity, a case study of Airbnb is provided. Using Caroll’s (1991) pyramid of CSR adoption, it is argued that Airbnb remains in-between the economic and legal responsibility platforms, where the CSR initiatives are driven by increased competition in the accommodation sector and legal sanctions placed on the company through discrimination lawsuits.

Racial diversity and group decision‐making in a mock jury experiment

AbstractThe primary goal of this research was to determine whether the racial composition of a jury impacts the outcome and deliberation in a civil retail discrimination lawsuit. We presented a retail discrimination trial video to 30 separate mock juries. Of the 30 juries, 15 juries had 2 Black jurors, while the remaining 15 had no Black jurors (i.e., only White or White and Latinx participants). After watching the video, each mock jury was given 1 h to deliberate as if they were jurors deciding an actual case. Contrary to previous research, juries with Black jurors were no more likely to deliberate longer or consider more case facts. However, they were more likely to find for the plaintiff and award higher compensation. In addition, content analysis of the deliberation racial discourse revealed that some jurors espoused colorblind racial attitudes, minimizing the significance of race in this case and in society in general, and accusing the plaintiff of playing the “race card.” Other jurors encouraged understanding of the plaintiff and espoused non‐colorblind racial attitudes, recognizing the importance and damaging role of racism in American society. Implications for civil trials, jury selection, and racial discourse are discussed.

Advancing Diversity and Inclusion Management Consulting in Hospital Settings

This analysis takes a deep dive into how a U.S. hospital, at risk of losing millions of dollars from a contract because of unfair hiring practices and discriminatory promotion practices among racial minorities. The hospital is also facing a class-action nursing discrimination lawsuit. The employee perception is that the organization is biased against African American, Native American, and Latino nurses with hiring, promotions, bonuses, training opportunities, and management job opportunities. These groups have representation numbers in their nursing workforce of less than 5 percent. The focus of the study is an exploration of the consequential impact of a non-diverse and inclusive workplace. 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.

Rethinking Workplace Inclusion of Persons with Disabilities Through Multiple Levels and Lenses

Including persons with a disability within workplaces serves as an important return on investment for organizations as well as societies. The Valuable 500 initiative which originated from the World Economic Forum’s New Economy and Society Platform in 2019 is focused on building prosperous as well as inclusive economies and societies. Their work suggests that employing persons with a disability can increase revenue by 28%, double organizational net income, and propel profit margins by 30%. Alternatively, the cost of excluding persons with disabilities can represent up to 7% of GDP within some countries (World Economic Forum, 2021). Recognizing the importance of such inclusion, several governments have enacted legislations, and numerous organizations have attempted to nudge employment as well as promote positive treatment of employees with disabilities. Joining this global conversation, the papers in this symposium showcase how state intervention may help workplace entry of persons with a disability (Kruse et al; Nittrouer et al), how organizational support systems may increase employee well-being (Keating et al), how organizational diversity statements may influence disability discrimination lawsuits (Chalise et al), and yet how employees continue to face barriers within workplaces (Samosh et al), attesting to much work that is needed in this area of inclusion. Our discussants (Bruyere and Colella) will bring together these ideas to suggest directions for future research a well as takeaways for managers, organizations, and policymakers. Paid Leave Mandates and Employment of People with Disabilities Presenter: Douglas Kruse; Rutgers U. Presenter: Lisa Schur; Rutgers U. Presenter: Mason Ameri; Rutgers Business School Presenter: Lauren Gilbert; Rutgers U. Day-to-day Identity Management Among Workers with Hearing Loss Presenter: Robert Keating; Northern Illinois U. Presenter: Jesus Martinez; Northern Illinois U. Presenter: Alecia Marie Santuzzi; Northern Illinois U. Presenter: Lisa M Finkelstein; Northern Illinois U. Presenter: Larissa K. Barber; San Diego State U. Presenter: Deborah Elizabeth Rupp; George Mason U. Inclusion of ‘Disability’ in Corporate Diversity Statements: A Review of Fortune 500 Companies Presenter: Shasanka Chalise; PhD Candidate, Memorial U., NL, Canada Presenter: Silvia Bonaccio; Telfer School of Management, U. of Ottawa Presenter: Catherine Connelly; McMaster U. Presenter: Sandra Fisher; Münster U. of Applied Sciences and U. of Twente Presenter: Abigal Leah Kogan; McMaster U. Reducing Discrimination against Individuals with Mental Impairments Presenter: Christine Nittrouer; Texas Tech U. Presenter: Michelle Hebl; Rice U. Presenter: Naomi Fa-Kaji; Rice U. Presenter: Roshni Janakiraman; Florida State U. Presenter: Peter Rutigliano; Mercer-Sirota Consulting An Empirical Investigation of Career Advancement “Glass Barriers” and Disability Presenter: Daniel S. Samosh; Queen's U. Presenter: Anna Brzykcy; Technical U. of Munich Presenter: David Baldridge; Oregon State U. Presenter: Brent John Lyons; Schulich School of Business, York U.

Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms

Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that litigation frequently elicits resistance and even retribution from employers. But quantitative studies find that lawsuits can increase workforce diversity. This article develops an account of managerial resistance and firm visibility to reconcile these divergent findings. First, we synthesize job autonomy and group conflict theories to account for resistance that occurs when dominant groups perceive non-dominant groups to be attempting to usurp managerial authority, in this case through litigation. Second, we integrate insights from organizational institutionalism, which suggests that highly visible firms seek to demonstrate compliance with legal and societal norms. Drawing on this theory, we predict that only large, visible firms will see increases in diversity following lawsuits, and, by the same token, that the most visible workplaces of those large firms, their headquarters, will see the greatest changes. We test our hypotheses with data on litigation and workforce composition from a diverse set of 632 firms that were sued by the EEOC between 1997 and 2006. This study shows that understanding the consequences of lawsuits across firms, and across organizations within them, is key to tackling workplace discrimination.

Did court dismiss applicant's discrimination lawsuit?

The plaintiff was a Black Lebanese citizen who sued American University for discrimination on the basis of race, ethnicity, and national origin.

Buying into Ban the Box: An Educational Framework to Reduce Employer Bias Against African American Applicants with Criminal Records

Every year, over 600,000 people are released from prison. Among this group are fathers, mothers, sons, daughters, cousins, and friends who seek to successfully reintegrate back into society. Upon release, many ex-offenders hope to obtain gainful employment. To increase their opportunities, they obtain high school diplomas, college degrees and/or vocation certificates. Unfortunately, finding employment with a criminal record is one of the main roadblocks in their efforts to successfully reintegrate. Ex-offenders face indirect discrimination when they apply for jobs, specifically during the criminal background check stage of the hiring process. Best case scenario, criminal background checks ensure safety in the workplace for both employers and customers/clients. However, in some situations, these background checks are unreasonable because employers deny employment opportunities to applicants who have any type of conviction on their record. Employers actions in these scenarios may violate ex-offenders’ civil rights. There is a strong correlation between employment and low recidivism rates. Ex-offenders with either none or limited gainful employment opportunities have an uphill battle to effectively reintegrate. Without gainful employment opportunities, they feel pressured to reoffend and obtain more convictions on their record. Within the last few years, “36 states and over 150 cities and counties have adopted a “Ban the Box” policy.” Prior to the adoption of these policies, employers applied blanket policies to exclude ex-offenders from the job market by saying things such as “people with criminal records ‘need not apply.’” In 2012, the U.S. Equal Employment Opportunity Commission (EEOC) created the 2012 U.S. Equal Employment Opportunity Commission guidelines which advised employers to give these individuals conditional offers and assess each of them through an individualized assessment. The guidelines also advise employers to consider several factors, including: “the nature and gravity of the offense or conduct; the time passed since the offense or conduct occurred and/or completion of the sentence; and the nature of the job held or sought.” EEOC guidelines are not law, they are guidelines the agency advises employers to utilize during the hiring process. To give ex-offenders in the State of California a fair chance to reintegrate back into society, legislators enacted the Fair Chance Act in 2017, which is part of the “Ban the Box” movement that is taking place throughout the United States. This law uses EEOCs guidelines and applies its policy to public and private employers in the state with at least five employees and it is enforced by the California Department of Employment and Fair Housing. Unfortunately, the policy has not fixed the problem. This is because the initiative does not take employers perspectives into consideration. From the day it took effect until May 2019, there were 312 complaints related to the Fair Chance Act. The number of violations related to this law are more than likely higher, but many people do not file complaints because they want to avoid conflict and move forward in life. This Comment will examine the legal problems African Americans with criminal records face within the State of California in their efforts to obtain gainful employment. To educate employers about the law and reduce employer bias, this paper suggests an annual workshop for employers called Effective Second Chance At Life-A Training for Employers (“ESCALATE”) . The purpose of ESCALATE is to establish an effective way to communicate with employers about their rights and responsibilities within the hiring process and address employers subconscious bias against applicants with criminal records, particularly people of color. This training will serve both employers interest and the publics interest by educating employers on how to avoid more discrimination lawsuits while advancing the “Ban the Box” movement respectively.

Did court dismiss applicant's discrimination lawsuit?

The plaintiff was a Black Lebanese citizen who sued American University for discrimination on the basis of race, ethnicity, and national origin.

“The Worst Divorce Case that Ever Happened”: The New York Times Women's Caucus and Workplace Feminism

In 1974, women at the New York Times made national headlines when they filed a class-action sex discrimination lawsuit. The drama of the court case, however, has overshadowed the formation of the Times Women's Caucus two years prior, in 1972. A focus on the Caucus, the daily labor its members undertook in the years before and after filing suit, and the behind-the-scenes negotiation of internal office politics reveals the years-long process of consciousness raising and workplace organizing required to undertake a lawsuit in this novel legal area. Activist newswomen operated with unique restrictions and necessarily distanced themselves from the feminist movement, while quietly advocating for feminist goals. Caucus members drew from the feminist, labor, and union movements strategically rather than ideologically, and laid the foundation for substantial shifts in women's participation and representation in the mainstream media.

Protecting Minorities from Discrimination and Mass Violence through Provisional Measures Indicated by the International Court of Justice

Although not traditionally thought of as a particularly important piece of the UN machinery for the protection of minorities, the International Court of Justice (icj) has made in this area important jurisprudential contributions. The icj can also take a more immediate step towards protecting minority rights by indicating provisional measures, as it did in the Bosnian Genocide case, in both cases of a racial discrimination lawsuit filed against Russia and, most recently, in Qatar v. United Arab Emirates. The purpose of this article is twofold: (1) by critically analysing the selected cases in which provisional measures were requested, to assess the contribution of the icj’s rulings (and appended judicial opinions) on such measures to interpreting, defining the content and developing the law of genocide, racial discrimination and equal treatment of minorities, and (2) to examine the potential for the icj to enhance the protection of minorities by indicating provisional measures.

Female CEO leadership and the likelihood of corporate diversity misconduct: Evidence from S&P 500 firms

Large-scale discrimination lawsuits-as major types of corporate diversity misconduct-pose significant challenges for the reputation and financial well-being of firms. This study explores the role female CEOs play in reducing the likelihood of such lawsuits. Drawing from social role theory, we propose that female CEOs, given their high-profile position, past career experiences and general sensitivity to diversity misconduct, play a critical role in minimizing the occurrences of discrimination lawsuits. We tested our predictions using a panel data from S&P 500 U.S. firms between 2010 and 2015. The findings indicate that firms that are led by female CEOs have a reduced likelihood of discrimination lawsuits. Furthermore, female CEOs can be particularly effective in reducing such lawsuits in firms with more frequent past diversity misconduct. Finally, our findings show that female CEO-led firms with favorable diversity ratings experience reduced likelihood of large-scale discrimination lawsuits. Implications for research and practice are discussed.

FIFA, Forced Arbitration, and the U.S. Soccer Lawsuits

American soccer has been besieged by lawsuits. In the last two years alone, the United States Soccer Federation (“U.S. Soccer”) has been hit with two antitrust lawsuits, two Equal Pay Act and Title VII gender discrimination lawsuits, and a trademark lawsuit, while two of its professional league members are engaged in their own trademark lawsuit. One threshold question that has received scant attention in the media is whether these disputes should be in federal court at all. Under the Statutes and Regulations of the Fédération Internationale de Football Association (“FIFA”), soccer’s global governing organization, all disputes are required to be arbitrated. Taking a dispute to an ordinary court of law is potentially subject to sanction, which could include suspension or even expulsion. Given this forced arbitration rule, this article considers several possible explanations for why there has been no push to arbitrate the disputes in most of the lawsuits: (1) The enforceability of FIFA’s arbitration requirement has been called into question by recent rulings against forced arbitration clauses; (2) FIFA focuses the enforcement of its arbitration requirement on certain types of cases; (3) FIFA does not consider certain types of claims subject to arbitration; and (4) U.S. Soccer’s bylaws do not impose the arbitration requirement in such a way as it would apply to these types of cases. Although none of these entirely resolve the matter in a satisfactory way, in the aggregate they may help to define the emerging limits to arbitration for sports governing bodies in the U.S. and elsewhere.

From tokens to key players: The influence of board gender and ethnic diversity on corporate discrimination lawsuits

Does the appointment of more women and ethnic minority directors on corporate boards help combat discriminatory work environments? This empirical study addresses this question by exploring the occurrence of large-scale discrimination lawsuits. Drawing from social identity theory and empathy-based perspectives, we propose that a greater presence of female and minority directors on boards reduces the likelihood of large-scale discrimination lawsuits given their propensity to advocate for underrepresented groups in the workplace. Our analysis of data from 452 US firms from 2010–2015 indicates that a higher proportion of female and minority directors on boards is associated with a lower likelihood of such lawsuits. Specifically, the likelihood of such lawsuits is lower where there are three or more (a critical mass) female and minority directors. “Token” appointments (one or two female or minority directors) do not reduce the occurrence of these lawsuits. Further, the joint presence of minority and female directors on boards significantly reduces the likelihood of such lawsuits. Finally, we found that female CEOs help in reducing the occurrence of such lawsuits when the board has two or more female directors. Overall, our findings highlight the utility of greater gender and ethnic diversity on boards in combating workplace discrimination.

CEO Political Ideology and Corporate Discrimination Lawsuits: Examining the CEO-Board Interface

Studies show that CEOs with different political ideologies differ in their values concerning equality and diversity issues. Extending this line of research, we argue that as conservative CEOs embed...