Red vs. Blue States: Cases of Employment Discrimination Influenced by Geography?
DOI:
https://doi.org/10.18533/ijbsr.v4i3.433Keywords:
employment discrimination, red vs. blue states,Abstract
The seemingly increasing political divide in the United States between Democrats and Republicans has often resulted in both parties working to advance their ideology rather than forge a consensus with the other side. This polarization can often be seen in the geography of the nation which can characterize most of the states as either solidly “red” (Republican/conservative) or “blue” (Democratic/liberal). With federal judges appointed by the President and confirmed by members of Congress, one wonders if these politically appointed judges reflect in their rulings the ideology of those who appointed/confirmed them and/or if the “color” of the state in which they preside has any bearing on the number of cases brought before them. In a random sample of federal employment discrimination cases (n=657), this study sought to examine the influence of geographic location and the political ideology/leanings of states may have on both the frequency and outcomes of employment discrimination claims. The results revealed noteworthy and significant differences between states in both the frequency (more or less cases than would be expected to be filed based on relative population size) and degree of plaintiff success/failure in such cases. As a result of these findings, implications are advanced for employees and employers as a consequence of these geographic and political differences.
References
REFERENCES
Brooks, D. (2001). One nation, slightly divisible. The Atlantic Monthly, 28(5) 53-65.
Farhi, P. (2004). Elephants are red, donkeys are blue: Color is sweet, so their states we hue. Washington Post, Nov. 2, 2004, p. C01.
Friedl, J., & Honoree, A. (2007). Is justice blind? Examining the relationship between presidential appointments of judges and outcomes in employment discrimination cases. Cumberland Law Review, 38(1) 89-99.
Gelman, A., Park, D., Shor, B., Fafumi, J., & Cortina, J. (2008) Red State, Blue State, Rich State, Poor State: Why Americans vote the way they do; Princeton: Princeton University Press.
Monson, R., & Mertens, J.B. (2011). All in the family: Red states, Blue states, and postmodern family patterns, 2000, 2004. Sociological Quarterly, 52(2), 244-267.
Raskin, J. (2008). Neither the red states nor the blue states but the United States: The national popular vote and American political democracy. Election Law Journal, 7(3), 188-195.
Rugy, V.D. (2011). The red/blue paradox. Reason, 43(4), 18-19.
Terpstra, D.E., & Kethley, R. B. (2002 A). The influence of location and relative degree of risk of selection discrimination litigation. Employment Relations Today, 28(4), 9-25.
Terpstra, D.E., & Kethley, R. B. (2002 B) Organizations’ relative degree of exposure to selection discrimination litigation, Public Personnel Management, 31(4), 277-293.
United States Census (2010). (2013, January 24). Retrieved from the United States Census website: http://2010.census.gov/2010census/
Werner, J.M., & Bolino, M.C. (1997). Explaining U.S. courts of appeals decisions involving performance appraisal: Accuracy, fairness, and validation. Personnel Psychology, 50, 1-24.
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