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The influence of the gender and race of the judge and the type of discrimination charge on court case outcomes

David Terpstra, André Honorée, John Friedl

International Journal of Law and Management

ISSN: 1754-243X

Article publication date: 3 July 2013

1020

Abstract

Purpose

This study aims to examine whether the demographics of the US federal judiciary and the type of employment discrimination charge influence federal employment discrimination case outcomes.

Design/methodology/approach

The outcomes of 401 randomly selected employment discrimination cases were examined by utilizing chi square analysis to test the interaction effects of race and gender along with four different charges of employment discrimination.

Findings

The findings suggest that the outcomes of employment discrimination cases are a function of the interaction of the judges' gender and race along with the type of discrimination charge (e.g. gender, race, age, or disability discrimination) involved in the case.

Research limitations/implications

More research studies with larger cell sample sizes for certain discrimination claims should be conducted to ascertain the validity of the current results.

Practical implications

Potential litigants in employment discrimination cases (both plaintiffs and defendants) may find these results relevant in determining their chances for success in the courtroom.

Social implications

These findings could help judges become more aware of potential biases and help guard against being influenced by them. These findings may also have implications for the selection and appointment of judges and suggest that judicial bodies that are more diverse may render more unbiased rulings.

Originality/value

Previous research regarding the influence of the sex and race of the judge on court case outcomes has yielded contradictory and confusing findings. However, by controlling for the possible influence of the type of charge involved in the cases, the findings of the current study suggest that judges' rulings are a function of the interaction of the judges' demographic characteristics with the type of discrimination charge.

Keywords

Citation

Terpstra, D., Honorée, A. and Friedl, J. (2013), "The influence of the gender and race of the judge and the type of discrimination charge on court case outcomes", International Journal of Law and Management, Vol. 55 No. 4, pp. 318-328. https://doi.org/10.1108/IJLMA-01-2012-0006

Publisher

:

Emerald Group Publishing Limited

Copyright © 2013, Emerald Group Publishing Limited

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