Search results

1 – 9 of 9
Per page
102050
Citations:
Loading...
Access Restricted. View access options
Article
Publication date: 6 July 2020

André L. Honorée and Rusty Juban

This study examines whether various judicial demographic and political characteristics have an influence on case outcomes in transgender employment discrimination cases…

389

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.

Details

Employee Relations: The International Journal, vol. 42 no. 6
Type: Research Article
ISSN: 0142-5455

Keywords

Access Restricted. View access options
Article
Publication date: 1 March 2005

André L. Honorée, David C. Wyld and Rusty L. Juban

Recently, the Department of Labour’s Fairpay Overtime Initiative was enacted to revamp the previous Fair Labour Standards Act (FLSA) rules governing employee overtime benefits…

497

Abstract

Recently, the Department of Labour’s Fairpay Overtime Initiative was enacted to revamp the previous Fair Labour Standards Act (FLSA) rules governing employee overtime benefits. This legislation is a significant departure from the past regulations in determining overtime eligibility. In an effort to clarify these new FLSA guidelines, the authors have prepared a detailed model, outlining the process necessary to establish an employee’s exempt/non‐exempt status. Particular attention is apid to the process of correctly classifying employees by recommending the use of functional job analysis procedures in order to administer the newly created job duties test. Comments are then made about some shortcomings of the legislation and issues for managers to consider.

Details

Equal Opportunities International, vol. 24 no. 2
Type: Research Article
ISSN: 0261-0159

Keywords

Access Restricted. View access options
Article
Publication date: 1 May 2006

André L. Honorée, David C. Wyld and Rusty L. Juban

As some time has passed since the enactment of the fairpay overtime initiative of the Fair Labor Standards Act (FLSA), confusion still persists regarding the overtime benefits of…

631

Abstract

Purpose

As some time has passed since the enactment of the fairpay overtime initiative of the Fair Labor Standards Act (FLSA), confusion still persists regarding the overtime benefits of employees. This is evidenced by the increased level of litigation and class action lawsuits regarding overtime violations. This article attempts to help clarify for employers a number of key issues to consider in the proper classification of employees and calculation of overtime benefits.

Design/methodology/approach

Through analysis of the law and its ramifications, the authors expound upon their previous FLSA Compliance Model and detail the ramifications of numerous opinion letters from the US Department of Labor.

Findings

The specific impact of issues such as the use of non‐discretionary bonuses, stock options, and short call premiums are described to assist employers in the retroactive calculation of the overtime benefits for non‐exempt employees who receive non‐discretionary bonuses. The apparent contradictory positions regarding bonuses and stock options are highlighted, the proper manner to account for short call is addressed, and future directions for research are suggested.

Practical implications

This paper highlights the importance for employers to consider far more than just their non‐exempt employees’ hourly wage rate in the calculation of employees’ regular rate of pay in order to ensure proactive FLSA compliance.

Orginality/value

The value of this paper is that it highlights potential pitfalls for FLSA compliance to practicing managers and yields areas for further consideration by academics in the human resources field.

Details

Managerial Law, vol. 48 no. 3
Type: Research Article
ISSN: 0309-0558

Keywords

Access Restricted. View access options
Article
Publication date: 3 July 2013

David Terpstra, André Honorée and John Friedl

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…

1014

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.

Details

International Journal of Law and Management, vol. 55 no. 4
Type: Research Article
ISSN: 1754-243X

Keywords

Access Restricted. View access options
Article
Publication date: 5 November 2010

Andre Honoree, David Terpstra and Jonn Friedl

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…

2113

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.

Details

Equality, Diversity and Inclusion: An International Journal, vol. 29 no. 8
Type: Research Article
ISSN: 2040-7149

Keywords

Available. Content available
Article
Publication date: 3 July 2013

Chris Gale

54

Abstract

Details

International Journal of Law and Management, vol. 55 no. 4
Type: Research Article
ISSN: 1754-243X

Access Restricted. View access options
Book part
Publication date: 11 October 2023

Javier Peña Capobianco

The objective of this chapter is to identify the key characteristics of Global Services businesses that will thrive and achieve success in the future. These factors are integrated…

Abstract

The objective of this chapter is to identify the key characteristics of Global Services businesses that will thrive and achieve success in the future. These factors are integrated into three main pillars, which we refer to as the Triple-Win. The first and most obvious pillar is technology as a tool. The second pillar is the design and sustainability of the business model, without which the previous factor would be merely a cost and not an investment. And last but not the least, there is the purpose which gives meaning to the proposal, focusing on the human being and their environment. The DIDPAGA business model sits at the intersection of these three elements.

Details

The New Era of Global Services: A Framework for Successful Enterprises in Business Services and IT
Type: Book
ISBN: 978-1-83753-627-6

Keywords

Available. Content available
Book part
Publication date: 2 December 2021

Abstract

Details

Work from Home: Multi-level Perspectives on the New Normal
Type: Book
ISBN: 978-1-80071-662-9

Access Restricted. View access options
Article
Publication date: 3 April 2020

Kurmet Kivipõld, Kulno Türk and Lea Kivipõld

The purpose of this paper is to identify how the design of a performance appraisal system (PAS) affects the perceived justice of academic employees (AE) about their performance…

1364

Abstract

Purpose

The purpose of this paper is to identify how the design of a performance appraisal system (PAS) affects the perceived justice of academic employees (AE) about their performance appraisal (PA) and how this is associated with organizational effectiveness in terms of organizational leadership (OL).

Design/methodology/approach

The study subjects are two economic faculties of two Estonian public universities. The data for the study were collected using the PA Survey with a total of 82 AEs, OL Capability Questionnaire with a total of 72 AEs and the organizations' documents to analyze PAS. Assessment and analysis of the data included: the measurement of PAS design; the measurement of perceived justice from PA; the measurement of organizational leadership capability; analysis of the results gained from studying perceived justice from different PAS designs and organizational effectiveness in terms of OL.

Findings

Ultimately, the study reveals that PAS design affects academic employees' perception of distributive justice and organizational external effectiveness in terms of OL but does not affect academic employees' perception of procedural justice and organizational internal effectiveness in terms of OL.

Research limitations/implications

This study suggests that organizational effectiveness depends on perceived justice of employees from the design of PAS. However, the results of this study are valid in the arrangements of academic jobs in universities and in similar or close context of Estonian culture.

Originality/value

This paper demonstrates the role of PAS design in conditions of intellectual job arrangement in universities with its influence on organizational effectiveness in the context of OL.

Details

International Journal of Productivity and Performance Management, vol. 70 no. 1
Type: Research Article
ISSN: 1741-0401

Keywords

1 – 9 of 9
Per page
102050