Past Discrimination Research Articles

Social Justice in Reservation - An Analysis

Reservation is one of the mechanisms of protective discrimination for eradicating the present institutionalized effects of past discriminations, through positive governmental steps awarding preferential treatment in favour of certain weaker sections of the society. Reservation is applied only in graded societies, where certain groups enjoyed more powers and privileges, while the other sections have been wholly or partially neglected. It involves encouragement sharing in favour of certain weaker sections of the society. It involves encouragement sharing of opportunities in the executive, legislative bodies, in educational institutions and in public services. Demand by the unprivileged classes to enjoy the same opportunities of the privileged class resulted in social conflict in the earlier stages. In course of time, the unprivileged section came to enjoy social, political and economic and other privileges on par with others. As per the Constitution of India, it is a temporary phenomenon used for some special achievement. In course of time, the unprivileged section came to enjoy social, political and economic and other privileges. Thus, everybody in the beneficiary categories Viz., Other Backward Classes in all India level, Backward Classes and Most Backward Classes in Tamil Nadu, Scheduled Castes and Scheduled Tribes did not enjoy the same status in the society. Due to the reservation policy, there are tremendous transformations in the social structure. It is evident that, there are noteworthy rich people among the backward and depressed castes. Similarly there are poor people in the forward castes as well. Not only that as per the Constitution of India, it is a temporary phenomenon used for some special achievement. In this research paper, an attempt has been made to examine and compare the concepts of exclusive reservation and creamy layer and to study the changing trends in the reservation policy towards social justice.

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.

United States Healthcare System

United States Healthcare System

Job Attribute Preferences of Sexual Minority People: The Role of Past Discrimination and Safe Havens

Building on research on discrimination, occupational segregation, and labor market inequalities that are rooted in sexual orientation, this study examines how previous negative experiences of discrimination and positive experiences of “safe havens”—workplaces that protect employees from discrimination—are associated with job attribute preferences of sexual minority people. Based on data from a German online convenience sample (N = 1197 sexual minority respondents), this study focuses on five job attribute preferences: high income, good promotion prospects, opportunities for further training, interesting work, and LGB-friendly work climate. The results suggest the high importance of an LGB-friendly work climate for sexual minority people. Furthermore, the results show that discriminatory experiences are positively associated with the importance of an LGB-friendly work climate for sexual minority people in an early career stage. However, safe havens are positively associated with the importance of an LGB-friendly work climate for sexual minority people. Finally, results suggest little evidence for an association between discrimination, safe havens, and general job attribute preferences. Differences between career stages highlight the importance of this variable in further research on the career trajectories of sexual minority people.

The Post-Racial Deception of the Roberts Court

Students for Fair Admissions v. Harvard/UNC (SFFA) is a post-racial deception unmoored from precedent and societal reality. SFFA deceives the polity and signals an all out assault on anti-discrimination law. To preserve its institutional legitimacy, the Roberts Court promotes doctrinal and conceptual distortions—post-racial deceptions of cognizable injuries advanced through reverse discrimination claims of white plaintiffs; racial proxy claims of discrimination proffered by Asian-Americans; and the fairness rationale of the Court’s circular post-racial edict that “the way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” Chief Justice Roberts’s majority opinion discards the anti-subordination principle of the Fourteenth Amendment and replaces it with a post-racial anti-differentiation principle: “Eliminating racial discrimination means eliminating all of it.” Expanding the circularity of Chief Justice Roberts’s post-racialism even further, Justice Thomas’s concurrence offers an ostensibly originalist reinterpretation of the Fourteenth Amendment that erases the race-conscious history of the Reconstruction Amendments and reframes it as the codification of the Declaration of Independence. Rejecting this post-racial deception, Justices Sotomayor and Jackson, in dissent, foreground the anti-subordination principle as the essential doctrinal core of the Fourteenth Amendment and offer a rebuke of the Court’s facile post-racialism with a comprehensive discussion of systemic racism, structural inequality, and the present-day effects of past discrimination. The Court’s post-racial constitutionalism is a post-racial deception which must be discredited and rejected if we are to ever achieve the multi-racial democracy promised by the Second Founding.

Shared Decision-Making in Patients Seeking Surgery for Facial Trauma: The Role of Decisional Conflict and Perceived Discrimination.

Background: Shared decision-making (SDM) may facilitate challenging discussions between patients with facial trauma and reconstructive surgeons. Objective: To determine among patients seeking surgical evaluation for facial trauma, whether patient demographics, decisional conflict (DC), or experiences of discrimination in health care are associated with patient perceptions of SDM, as measured by scored responses on the CollaboRATE-10 questionnaire. Methods: English-speaking adults who presented to the offices of five facial trauma surgeons were contacted by telephone after their visit to complete a cross-sectional survey. Results: After screening 247 patients, 131 patients were recruited (53.0%). DC and history of discrimination were associated with lower perceived SDM (p < 0.001 and p = 0.048, respectively). After adjusting for age, sex, race, education, initial emergency department presentation, DC, and past discrimination, patients of older age (odds ratio [OR] 1.1, 95% confidence interval [CI] 1.02-1.09) and non-White race (OR 3.5, 95% CI 1.1-11.4) had higher perceptions of SDM; patients with DC (OR 0.52, 95% CI 0.01-0.20) reported less SDM. Conclusions: Patients who present to clinic for surgical evaluation after facial trauma feel that their physicians involve them less when deciding on a treatment plan if they have experienced discrimination in health care settings in the past, or if they have significant difficulty deciding between treatment options.

Progress in transforming a health sciences postgraduate cohort in a south african research-intensive institution, 2008–2017

BackgroundEquity redress in the higher education and health sectors is a global discourse that seeks to address the inequalities caused by past discrimination practices. The apartheid regime in South Africa fragmented both the higher education and the health sectors, creating White and male dominated systems. Consequently, Black Africans and females were under-represented in these sectors. Furthermore, the provision of higher education including medical training was unequal between the different populations. As democracy was established in South Africa in 1994, it is necessary to assess whether transformation in population affinity and sex of postgraduate students in the higher education and health sector has occurred, as these individuals are crucial for providing the future academic workforce and also healthcare to the public.MethodsThe demographic profile of postgraduate students graduating in a health sciences facility in South Africa over the period 2008–2017 was retrospectively assessed. Survival analysis models were used to investigate the time taken to graduate. Log-rank tests were used to compare the completion rates.ResultsMore females (53.3%) than males (41.9%) completed their postgraduate degree over the period 2008–2017 (p˂0.0001). In relation to population affinity, more White students (56.4%) than Black African students (40.8%) completed their degrees overall (p˂0.0001).ConclusionWhile transformation occurred in the sex of graduating students over the ten year period, the same change has not occurred with regards to population affinity. The under-representation of Black African graduates is a major setback for efforts to diversify the South African higher education and health sectors. Transformation of the demographic profile of postgraduate students at South African institutions is vital for developing individuals who will contribute to equitable redress of academic staff in the higher education sector and also of the healthcare workforce. Diversified health personnel including highly skilled clinician scientists will aid in improving the provision of health care to communities particularly the underpriviledged rural areas, and also assist in training the next generation of healthcare staff. The challenges identified in this study may assist other countries where adequate transformation of the education and health sectors has not occurred.

Affirmative Action Initiatives in Education and Employment: Its Necessity Then, Now and in the Future

Since its creation, affirmative action (AA) has been one of the most debated political issues in the United States and other nations such as South Africa. AA programs are, at times, seen as a tool of compensation for past discrimination toward women and particularly racial minorities. Many experts view it as an economic necessity since diverse employees can better forecast the needs of different communities. Nonetheless, some believe that AA is an obsolete and outdated practice that can lead to illegal discrimination based on race and gender. As such, it is useful to look at the rationale or purpose of AA and its impact on educational institutions and in the workplace in the U.S. and in South Africa—where its success has been celebrated—over the past four decades. AA must be about accessibility and equal access for all candidates in employment and educational opportunities, without any adverse impact on anyone, for it to be sustainable.

Review: Katrina: A History, 1915–2015, by Andy Horowitz

Review: <i>Katrina: A History, 1915–2015</i>, by Andy Horowitz

Is employer collection of diversity data attractive to potential job seekers? Ethnicity and sex differences and a UK–Sweden comparison

PurposeMany organisations monitor statistics on the background of job applicants to inform diversity management, a practice known as equality monitoring (EM). The study examines perceptions of EM and employers that use it. Additionally, it aims to assess potentially salient group differences in attitudes towards EM, focussing on perceived history of employment discrimination, ethnicity, sex, and a comparison between the UK and Sweden – two countries which differ extensively in EM prevalence.Design/methodology/approachA cross-sectional self-report survey assessed attitudes toward EM, attraction to employers using it, pro-equality and diversity attitudes, perceived history of employment discrimination and background characteristics (e.g. ethnicity and sex), and compared a UK and Sweden sample (N = 925).FindingsThe results reveal positive perceptions of EM overall. Although no differences were observed between UK ethnic majority and minority respondents, White British men rate employers using EM as less attractive with increasing levels of perceived past discrimination. Women have more positive perceptions than men. Finally, the UK sample rated EM more positively than the Sweden sample.Originality/valueDespite EM being widespread, the study is the first to investigate detailed perceptions of it, making group and country comparisons. Results support the use of EM in HRM but highlight the need for clear communication to avoid confusion with positive discrimination, which is perceived negatively in some majority group members, and to allay fears of data misuse. Recommendations are made for future implementation.

Controversies over reverse discrimination

The concept of reverse discrimination refers to a variety of strategies that entail giving strong preferential treatment in employment or education to the groups in a society that have been institutionally discriminated against. “Giving strong preferential treatment” means that candidates with lower qualifications are given priority over better qualified members of the groups that have not been discriminated against in the past. Reverse discrimination can be justified with reference to two strategies: backward-looking and forward-looking. On the backward-looking justification, reverse discrimination is a means of compensating victims of past discrimination, while on the forward-looking justification, reverse discrimination is a means of creating more diverse and egalitarian society. The aim of this paper is to challenge both justifications. First, against backwardlooking justification, I shall claim that reverse discrimination is not a proper method of compensating for past wrongs of discrimination. Second, I shall challenge the forwardlooking argument by pointing at the risks inherent in perceiving reverse discrimination as the means of creating more egalitarian society. Importantly, the objections presented in this paper refer only to reverse discrimination, and they do not undermine other methods used within the affirmative action (including tie-breaker provisions).

‘Life is team play’: social inclusion of people with intellectual disabilities in the context of Special Olympics

This article provides insights from an empirical study on the meaning of social inclusion for Finnish athletes with intellectual disabilities (ID) who participate in Special Olympics (SO). A further objective was to explore the athletes’ perceptions of the role SO has played in their lives regarding their personal experiences of social inclusion. Data were transcripts of five focus group interviews carried out with a total of 31 participants during the last SO World Winter Games in 2017. The content was analysed with the aim of identifying the main themes in the athletes’ conversations about social inclusion. Three main themes were identified: inclusion as a contrast to past discrimination; inclusion as receiving and providing assistance; and inclusion as participation in teamwork. The results indicate that SO and arguably sport more generally can assist people with ID in moving forward on a path from being excluded toward social inclusion.

Linking perceived to physical contrast: Comparing results from discrimination and difference-scaling experiments.

Psychophysical approaches that allow us to estimate how perceived stimulus intensity is linked to physical intensity are import tools for studying nonlinear transformations of visual signals within different visual pathways. Here, we investigated how stimulus contrast is encoded in achromatic and chromatic pathways using simple grating stimuli. We compared two experimental approaches to this question: contrast discrimination (increment detection thresholds measured on contrast pedestals) and the maximum likelihood difference scaling (MLDS) approach introduced by Maloney and Yang (2003). The results of both experiments are expressed using simple models that include a transducer function mapping physical contrast to an internal signal the observer uses in making judgments, and an estimate of the variability of this representation (internal “noise”). We found that the transducers derived from both experiments have a similar form, but occupy different ranges of physical contrast in different stimulus conditions, reflecting difference in contrast sensitivity. This is consistent with past discrimination results, and in the difference-scaling case provides new evidence supporting the idea that suprathreshold chromatic and achromatic contrast are processed similarly, once differences in contrast sensitivity are taken into account. Model estimates of internal noise were higher in the difference-scaling experiment than the discrimination experiment, a finding we attribute to a difference in task complexity. Finally, we fit an alternative version of the MLDS model in which internal noise increased with response level. This alternative was no better at predicting holdout data in a cross-validation analysis than the original constant-variance model.

Discrimination and Subsequent Mental Health, Substance Use, and Well-being in Young Adults.

Discrimination has been shown to have profound negative effects on mental and behavioral health and may influence these outcomes early in adulthood. We aimed to examine short-term, long-term, and cumulative associations between different types of interpersonal discrimination (eg, racism, sexism, ageism, and physical appearance discrimination) and mental health, substance use, and well-being for young adults in a longitudinal nationally representative US sample. We used data from 6 waves of the Transition to Adulthood Supplement (2007-2017, 1834 participants) of the Panel Study of Income Dynamics. Outcome variables included self-reported health, drug use, binge drinking, mental illness diagnosis, Languishing and Flourishing score, and Kessler Psychological Distress Scale score. We used logistic regression with cluster-robust variance estimation to test cross-sectional and longitudinal associations between discrimination frequency (overall, cumulative, and by different reason) and outcomes, controlling for sociodemographics. Increased discrimination frequency was associated with higher prevalence of languishing (relative risk [RR] 1.34 [95% CI 1.2-1.4]), psychological distress (RR 2.03 [95% CI 1.7-2.4]), mental illness diagnosis (RR 1.26 [95% CI 1.1-1.4]), drug use (RR 1.24 [95% CI 1.2-1.3]), and poor self-reported health (RR 1.26 [95% CI 1.1-1.4]) in the same wave. Associations persisted 2 to 6 years after exposure to discrimination. Similar associations were found with cumulative high-frequency discrimination and with each discrimination subcategory in cross-sectional and longitudinal analyses. In this nationally representative longitudinal sample, current and past discrimination had pervasive adverse associations with mental health, substance use, and well-being in young adults.

Abstract 9372: Association of Past Discrimination With Medication Adherence and Blood Pressure in the HYpertension and VALUEs (HYVALUE) Trial

Introduction: Racial discrimination has been associated with worse health outcomes, including blood pressure (BP). Using data from the HYVALUE trial, we examined whether past racial discrimination was associated with systolic blood pressure (SBP), diastolic blood pressure (DBP), or BP medication adherence, for Black and White patients. Methods: Black and White patients with hypertension (HTN) were enrolled from 2017-2019. At enrollment, participants were asked how often they had experienced discrimination in any or the healthcare setting based on their race (1=never, 5=all the time). SBP and DBP were measured and anti-HTN medication adherence in the last 6 months was extracted from pharmacy fill data. Generalized linear models tested the associations of discrimination with SBP, DBP, and adherence in separate models adjusting for clinic, age, gender, and number of BP medications; participant race was included as an interaction term in final models. Results: Among the 925 participants (55% Black, 47% ≥64 years of age, 60% Female), racial discrimination in any setting was reported as more frequent by Black than White participants (Median (IQR): 3.0 (2.0-4.0) vs. 1.0 (1.0-2.0), p&lt;.001). Discrimination in healthcare was reported as less common overall, but more frequent for Black than White participants (Median (IQR): 1.0 (1.0-2.0) vs. 1.0 (1.0-1.0), p&lt;.001). In adjusted models, discrimination in any setting was not significantly associated with SBP (β= .08, p= .88;), DBP (β= .22, p=0.51) or adherence (β= -.13, p=.08); discrimination in healthcare was not associated with SBP (β= -.35, p=.66), DBP (β= -.29, p=.56), or adherence (β= -.01, p=.88). Participant race did not moderate any of these results (all p &gt; 0.05). Conclusions: In this study, 2 single-item measures of past racial discrimination in any or healthcare-settings were not associated with BP or medication adherence, and these results did not differ by race. Because the HYVALUE trial was embedded in health care systems, discrimination may be under-reported or patients being treated for HTN may be less likely to show effects of discrimination on related outcomes. Additional studies are needed to examine prospective associations between discrimination and BP outcomes.

Fight the Virus and Fight the Bias: Asian Americans’ Engagement in Activism to Combat Anti-Asian COVID-19 Racism

The global COVID-19 pandemic reinforced anti-Asian biases, accompanied by the rise of violence against Asians. We examined Asian Americans’ engagement in activism to combat anti-Asian racism and advance their community using the situational theory of problem solving (STOPS) and two additional factors—past discrimination and subjective norms. Asian American activism includes social media, political, and advocacy actions. Structural equation modeling was conducted with data from online survey responses of 240 Asian Americans. Our results suggest pathways from Asian Americans’ past racism experiences to political and advocacy actions via three perceptual factors in STOPS (problem, involvement, constraint recognition), subjective norms, and expression of opinion on social media.

Individual acoustic differences in female black-capped chickadee (poecile atricapillus) fee-bee songs.

In songbirds, song has traditionally been considered a vocalization mainly produced by males. However, recent research suggests that both sexes produce song. While the function and structure of male black-capped chickadee (Poecile atricapillus) fee-bee song have been well-studied, research on female song is comparatively limited. Past discrimination and playback studies have shown that male black-capped chickadees can discriminate between individual males via their fee-bee songs. Recently, we have shown that male and female black-capped chickadees can identify individual females via their fee-bee song even when presented with only the bee position of the song. Our results using discriminant function analyses (DFA) support that female songs are individually distinctive. We found that songs could be correctly classified to the individual (81%) and season (97%) based on several acoustic features including but not limited to bee-note duration and fee-note peak frequency. In addition, an artificial neural network was trained to identify individuals based on the selected DFA acoustic features and was able to achieve 90% accuracy by individual and 93% by season. While this study provides a quantitative description of the acoustic structure of female song, the perception and function of female song in this species requires further investigation.

Understanding black landowner’s engagement in forestry in Georgia, United States: a closer look

ABSTRACT Black rural land ownership and agriculture in the U.S. South have declined markedly over the past century. The challenges of farming and the rise of off-farm employment mean that forestry is often the most appropriate productive land use choice, yet engagement in forest management is often limited in Black landowners. The literature has identified the primary obstacles for forestry as land ownership issues such as heirs’ property, a disconnect between Black landowners and forestry professionals, and poor access to the conservation assistance programs supporting family forestry. Yet our understanding of these factors is incomplete. This paper provides an in-depth exploration of the factors influencing forestry engagement by Black landowners in the U.S. South based on in-person, semi-structured interviews and analysis of the resulting quantitative and qualitative data. The results suggest that past discrimination has often led to smaller landholdings and insecure land tenure, which limit forestry engagement. In addition, we find that forestry engagement is further hindered by family disagreement, as well as research and outreach initiatives that fail to acknowledge traditional forest use and management practices and narrowly focus on technical forestry while ignoring social contexts.

Accommodating ethnic minority consumers during service encounters: the fine line

PurposeThis paper aims to examine the effect of intercultural accommodation efforts on service quality perceptions among ethnic minority consumers. Specifically, the paper postulates that during an intercultural service encounter, the impact of the service provider’s language and ethnicity on the consumer’s service quality perceptions is moderated by the level of service involvement, consumer acculturation and perceived discrimination, which, in turn, influence purchase intent.Design/methodology/approachA 2 × 2 between-subjects experimental design with an online nationwide consumer panel of Hispanic consumers was conducted where 377 participants were randomly assigned to a series of service encounter scenarios in the banking service context to manipulate accommodation efforts (yes vs no) and the level of involvement with the service (high vs low).FindingsWhen such language and ethnicity accommodations were offered, highly acculturated minority consumers regarded the service encounter less favorably than low acculturated minority consumers. Moreover, during low-involvement service encounters, intercultural accommodations positively impacted consumer’s service quality perceptions compared to situations involving high-involvement services. Also, minority consumers with perceptions of past discrimination had less favorable evaluations of the service quality than when such perceptions were nonexistent when intercultural accommodation efforts were made by the service provider.Research limitations/implicationsThe findings add to the sparse literature that examines the effectiveness of intercultural accommodation and focuses on the combined use of service provider’s language and ethnicity as a means to enhance service quality.Practical implicationsThe study delivers cautions for service firms not to generalize the receptivity of intercultural accommodation efforts. Given the increasingly sizable segments of minority customers, this study offers insights for service providers to develop suitable recruitment strategies and training programs when devising effective ethnic targeting strategies.Originality/valueThis research is among the first to explain why the effect of target marketing is not homogenous by expanding the research on intercultural accommodations toward a new context considering service involvement levels among varied minority consumer groups.

POLITICAL CORRECTNESS IN BUSINESS COMMUNICATION

In a world increasingly trying to erase past inequalities and discriminations, words must communicate intent as much as ideas. We live in politically correct cultures, where unspoken rules of respectability govern conduct in cross-cultural interactions, meaning interactions among people of different races, genders, or religions. Therefore, it is essential to use politically correct language to avoid offending the audience. Even if it is not intended, failing to do so can have devastating effects professionally and personally. As it is frequently seen in the media, writing or speaking without using politically correct or inclusive language can have a negative impact that proves impossible to take back, especially in today’s age of social media and online content sharing. Politically correct means expressing yourself using neutral, unbiased, and inoffensive language that does not degrade, demoralize, or discriminate against another person or group. Inclusive language considers all perspectives without exclusion, inferiority, or stereotyping. Conspicuous prejudice and discrimination in the workplace are far less acceptable today. Laws now protect traditionally underrepresented groups from flagrant discrimination in hiring and promotion, and political correctness has reset the standards for politeness and respect in people’s daily interactions. Yet, in spite of the progress mentioned, political correctness is an equivocal term. While it has helped many traditionally underrepresented employees to experience their workplace as more inclusive, the rules of political correctness can prevent employees from developing effective relationships across differences that might divide groups. The paper attempts to analyze the rise and enforcement of political correctness rules related to the ongoing economic processes in the new economy of the world. In this new economy, the organizational boundaries between states and firms become unclear and, apart from conceiving a new vocabulary able to express the changes the firms are undergoing, when speaking or writing, all members of the audience should be included and addressed using inclusive language.