Potential Discrimination in Structured Employment Interviews

This experimental study examines the effects of bias toward persons with disabilities (PWDs) upon the employment interview decision process. The design and operationalization of the study permitted examination of the effects of specific disabilities, interview performance, and the resulting interaction between disability and interview performance, using 630 undergraduate students at a major university in the southwestern United States as subjects. The results indicate that (1) interview performance has a favorable, significant main effect upon subsequent HRM decisions, (2) specific disabilities, that is, child care demands, HIV-positive status, and being wheelchair-bound, have unfavorable, significant main effects upon subsequent HRM decisions, and (3) the presence of any of the disabilities decreased the favorable impact of superior interview performance. The limitations of the structured interview to mitigate bias were demonstrated. Given the pervasive, unfavorable treatment directed toward PWDs, it appears that the enactment of the Americans with Disabilities Act of 1990 (1993) is warranted. The public policy implications of these results and recommendations for future research were discussed.     

Sex Differences in Perceived Weight-Based Employment Discrimination When Weight Discrimination is Illegal

The reported study explores sex differences in both overt and subtle forms of perceived weight discrimination in employment using original data from a telephone survey of 1,010 randomly selected residents of Michigan, the only U.S. state with a law prohibiting weight discrimination. Sex differences in the experience of overt forms of weight discrimination (e.g., refusing to hire a person) that have been consistently found in other work and non-work settings were not found in this unique legal context. However, overweight women reported experiencing subtle forms of weight discrimination (e.g., verbal harassment, exclusion from social activities) to a significantly greater extent than men. Implications for employers’ discharge of their responsibilities and for policy makers’ consideration of greater legal protection against weight discrimination are discussed.     

Discrimination in Employment Provisions in the Mexican Federal Labor Law

The discrimination in employment provisions in employment provisions in the Mexican Federal Labor Law (FLL) are surveyed in a general overview. Employment discrimination in Mexico under the FLL is generally proscribed but is mandated in a limited number of instances. Discriminatory violations can induce various sanctions against transgressing Mexican employers.     

论我国大学毕业生求职过程中所遇到的就业歧视的非正义性

大学毕业生求职受到不公平待遇,侵害了大学生公平竞争和平等就业的权利,对其心理上造成的伤害是无法愈合的。就业歧视是高校扩招政策市场化程度较高的企业的经营意识催生的结果。就业歧视必然带来社会的正义问题,因为它违反了法治原则,是一种就业机会的不平等,腐蚀了政治系统合法性的基础,侵犯了基本的人权。     

论我国大学毕业生求职过程中所遇到的就业歧视的非正义性

大学毕业生求职受到不公平待遇,侵害了大学生公平竞争和平等就业的权利,对其心理上造成的伤害是无法愈合的。就业歧视是高校扩招政策市场化程度较高的企业的经营意识催生的结果。就业歧视必然带来社会的正义问题,因为它违反了法治原则,是一种就业机会的不平等,腐蚀了政治系统合法性的基础,侵犯了基本的人权。     

行业分割视角下的农民工就业歧视量化研究

本文采用2008~2010年国家宏观统计数据,对以工资差距反映的农民工就业歧视问题,运用加权行业分割指数和因素分解模型进行了分析,结果表明:中国劳动力市场确实存在农民工与城镇职工的行业分割性,这种分割对形成农民工与城镇职工的工资差距产生一定的影响,而且影响程度呈逐年加大的趋势。这一研究结果说明中国农民工在职业准入方面与城镇职工存在较大的差异,而且这种差异导致两个群体的工资差距也在逐年加大。若消除行业分布差异的影响,农民工的平均工资将得到提升,以2010年为例将提升23.6%。     

Employment Discrimination Based on Sexual Orientation: A Hong Kong Study

Various parties have called on Hong Kong to pass legislation proscribing sexual orientation-based employment discrimination. The government has suggested that data on discrimination should inform debate on this matter. This survey of 792 self-identified sexual orientation minorities in Hong Kong examined (1) the prevalence of sexual orientation-based discrimination, (2) risk factors associated with experiencing discrimination, and (3) the relationship between experiencing employment discrimination and psychological outcomes. Nearly one-third of respondents reported discrimination. Rates of discrimination varied by age, education, and level of sexual orientation disclosure. Reports of discrimination were associated with negative psychological outcomes. This paper discusses how these results reinforce calls for legislative action. Limitations and directions for future research are also considered.     

Arbitration of Statutory Employment Discrimination Claims in a Nonunion Environment: A Guide to Procedural Fairness

The previous decade has seen an increasing trend toward the use of arbitration to resolve statutory employment discrimination claims. The enforceability of most private sector arbitration agreements arising in a nonunion setting is reviewable under the Federal Arbitration Act. Such arbitration agreements are most often created by management and become a condition of employment. To represent a feasible alternative to court litigation, employers and employees must have confidence that outcomes achieved through the arbitration process will be enforced by the courts as final and binding upon the parties to the dispute. The extent to which an arbitration agreement adequately protects the procedural and remedial rights of the participants is an important issue affecting the probability that a court will enforce the outcome of an arbitration procedure. This paper reviews guidelines provided by the courts and practitioners to aid in the design of an effective and legally enforceable arbitration procedure to resolve statutory employment discrimination claims arising in a private sector nonunion environment.     

Employment Discrimination Based on Immigration Status: Recent Cases Involving H-1B Visas

The worldwide economic downturn has seen a reversal in previous trends toward offshore staffing and an increase in protectionism toward home country labor. However, employers in the U.S. face potential legal liability if they favor American citizens over authorized foreign guest workers in layoffs, pay decisions, and other such actions. Thus far, employers have succeeded in defending most discrimination claims involving citizenship or immigration status—which often are made by out-of-work plaintiffs unable to afford legal representation—on technical grounds such as faulty pleading, failure to exhaust administrative remedies, filing with the wrong administrative agency, or mischaracterizing immigration claims as ones involving national origin status. These results notwithstanding, a closer reading of the cases suggests that substantive liability may be a matter of growing concern as plaintiffs or their counsel learn to correct such errors. The issues are important to both sides of the employment relationship in today’s global labor market; foreign guest workers will want to better understand their responsibilities and rights, while businesses will want to better manage their legal risks. Because little if any scholarly research has addressed these matters, an exploratory case law review is presented in an effort to identify trends in fact patterns that have generated such issues. Based on the results, practical recommendations are offered for improving the management of U.S. employment relationships that involve foreign guest workers.     

Employment Discrimination and the International Workplace: A Review of Recent US Court Rulings

The extraterritoriality clause in the Civil Rights Act of 1991 amended Title VII and the ADA to include employment discrimination protection for US citizens working abroad for US employers. A review of recent court rulings demonstrates an absence of lawsuits involving alleged violations of the extraterritorial provision. Instead, recent cases show that Americans working outside of the US are filing charges against foreign employers rather than US employers and applying state level employment statutes rather than federal legislation. In addition, non US citizens are exhibiting a trend toward invoking US federal and state statutes against US employers. These cases are reviewed and implications discussed for managing employment relations in an increasingly international workplace.

对大学生就业中性别歧视问题的调查研究——以陕西省为例

在中国高等教育大众化,大学扩招的背景下,高校毕业生急剧增加,就业成为高校毕业生面临的首要问题,而在大学生就业过程中,女大学生就业中的性别歧视问题尤为突出,成为社会关注的焦点。本文通过对大学生、企业、高校三方面对女大学生就业性别歧视问题进行调研,结合国内外文献研究成果,系统分析女大学生就业性别歧视问题的成因、现状及影响,并在此基础上从高校、用人单位、政府和女大学生自身等方面提出对策建议。     

The 'Impact' of Equal Employment Legislation on Women's Earnings: Limitations of Legislative Solutions to Discrimination in the Economy

A bstract . Although a strong legal basis now exists for equal opportunity in employment for women , women's earnings have actually dropped relative to men's. This holds true even when experience on the job , life-time work experience , and education are similar. Females are also still twice as likely as males to be below the poverty line. The impact of low female earnings may be of even greater significance today because of the increase in female-headed families. Equal opportunity legislation has not been sufficient to end economic sexism.     

The Effects of Mandatory Arbitration of Employment Discrimination Claims: Perceptions of Justice and Suggestions for Change

The ability of employers to require employees to submit claims of discrimination to final and binding arbitration in lieu of exercising their statutory rights represents a significant change in public policy. The methods traditionally used by enforcing agencies to investigate discrimination claims provide assistance and intervention that redress power asymmetries between employees and employers. Depriving employees of these enforcement mechanisms and requiring them to use arbitration may have adverse effects on perceptions of justice, both in procedural and distributive terms. We propose that mutuality, equality, and remediality are issues that must be addressed in situations of mandatory arbitration. We also suggest that mandatory arbitration may have other effects including expanding the scope of issues well beyond discrimination claims.     

Measuring Employer-Based Discrimination Versus Customer-Based Discrimination

A BSTRACT . This paper examines alternative hypotheses as to why French Canadians are underrepresented on National Hockey League teams based in English Canada relative to their representation on teams based in the United States.
Using panel data, the paper accounts for the idiosyncratic behavior of specific teams by using a fixed-effects model. With these fixed-effects accounted for, the paper tests the degree to which the representation of French Canadians on a team is related to that team's location—either in English Canada or the United States—versus the degree to which the representation is related to the ethnic origin of that team's coach and general manager.
It finds the ethnic origin variables to be unable to explain the representational patterns, leaving the team location variable as the only significant explanatory variable. These statistical findings thus support a "customer discrimination" explanation of the underrepresentation, as opposed to an "employer discrimination" explanation. Identifying this source of any potential discrimination is important, since different sources will have different implications for the prospects of reducing such discrimination.     

Dissection and Analysis of the Recent Cases on Employment Discrimination Under Title VII of the Civil Rights Act of 1964

This article begins with an overview of the existing law of employment discrimination under Title VII of the Civil Rights Act of 1964, within which it explains disparate treatment discrimination, disparate impact discrimination, pregnancy discrimination and sexual harassment. This article then dissects the recent U.S. Supreme Court and U.S. Courts of Appeal cases that have interpreted and provided specificity to various concepts used in the application of Title VII. This article then analyzes the details of the new substantive aspects of the law of employment discrimination, the philosophical positions within the cases, and how the intricacies of employment discrimination law are applied.     

Attacking Housing Discrimination

A bstract . In 1967 and 1968, the United States Department of Defense instituted a program of "Nondiscriminatory Housing for Military Personnel." Data gathered in this program offer a unique opportunity to examine interactions between the armed forces and society in the housing market. The key factor explaining variations in the relative success of this program in different areas of the country appears to have been the importance of the military to the local economy.