Is there transgender bias in the courtroom?
ISSN: 0142-5455
Article publication date: 6 July 2020
Issue publication date: 22 September 2020
Abstract
Purpose
This study examines whether various judicial demographic and political characteristics have an influence on case outcomes in transgender employment discrimination cases. Specifically, it assesses whether the race, sex or political party of federal judges result in significantly different employment case outcomes for transgender employees in the US district courts.
Design/methodology/approach
Utilizing a legal database of all federal employment discrimination cases over the past five decades, the study ultimately identified 97 cases with transgender plaintiffs. Chi-square and frequency analyses were employed to test the hypotheses regarding the effect of race, sex and political party of federal judges on transgender employment case outcomes.
Findings
The results intimate that both the political party and sex of the judge have an effect on case outcomes. Specifically, the transgender plaintiffs in employment discrimination cases have a greater chance for success when such cases are presided before Democratic and female judges.
Practical implications
The study's findings of significant differences in case outcomes suggest that characteristics of judges should be taken into account by potential plaintiffs and defendants, as they consider if/how to proceed with their cases.
Social implications
Such research focuses more attention on the fair and equal treatment principle of the American judicial system due to the significant differences found in case outcomes as a result of judges' characteristics.
Originality/value
No research till date has examined the outcomes of transgender employment discrimination cases in the US despite national surveys indicating the pervasiveness and severity of such discrimination.
Keywords
Citation
Honorée, A.L. and Juban, R. (2020), "Is there transgender bias in the courtroom?", Employee Relations, Vol. 42 No. 6, pp. 1531-1545. https://doi.org/10.1108/ER-11-2019-0444
Publisher
:Emerald Publishing Limited
Copyright © 2020, Emerald Publishing Limited