US employment discrimination cases: does race/gender matter?

Abstract

Purpose

This study aims to examine whether the diversity of the US federal judiciary has an influence on case outcomes in employment discrimination cases. Specifically, this paper investigates if the gender and race of both judges and plaintiffs result in significantly different employment case outcomes in the US district court system.

Design/methodology/approach

A random sample of 657 federal employment discrimination cases from the last decade were analyzed utilizing chi square analysis testing combinatory and interaction effects of race and gender.

Findings

The results intimate that the demographic characteristics of judges and plaintiffs do have an effect on case outcomes. Specifically that different combinatory types and interactions of judges and plaintiffs are associated with different case outcomes.

Practical implications

These results could be useful to potential litigants in employment discrimination cases to assist employees and employers alike in the determination of their chances for success in the courtroom. Judges may also benefit from more information on possible biases and take steps to guard against being influenced by them.

Social implications

Such research focuses more attention on the fundamental principle of the American judicial system of fair and equal treatment for all. Furthermore, some findings have implications for the demographic composition of the US Supreme Court and other judiciary bodies where decisions are arrived at by a group.

Originality/value

Little to no research has examined the possible differences in case outcomes associated with different combinatory types of both judges and plaintiffs in employment discrimination cases.

Citation

Honoree, A., Terpstra, D. and Friedl, J. (2010), "US employment discrimination cases: does race/gender matter?", Equality, Diversity and Inclusion, Vol. 29 No. 8, pp. 787-798. https://doi.org/10.1108/02610151011089528