Home > Publications . Search All . Browse All . Country . Browse PSC Pubs . PSC Report Series

PSC In The News

RSS Feed icon

Axinn says data show incidents of sexual assault start at 'very young age'

Miech on 'generational forgetting' about drug-use dangers

Impacts of H-1B visas: Lower prices and higher production - or lower wages and higher profits?

More News

Highlights

Call for papers: Conference on computational social science, April 2017, U-M

Sioban Harlow honored with 2017 Sarah Goddard Power Award for commitment to women's health

Post-doc fellowship in computational social science for summer or fall 2017, U-Penn

ICPSR Summer Program scholarships to support training in statistics, quantitative methods, research design, and data analysis

More Highlights

Next Brown Bag

Mon, Feb 13, 2017, noon:
Daniel Almirall, "Getting SMART about adaptive interventions"

Rachel Best photo

Multiple Disadvantages: An Empirical Test of Intersectionality Theory in EEO Litigation

Publication Abstract

Best, Rachel, Lauren B. Edelman, Linda Hamilton Krieger, and Scott R. Eliason. 2011. "Multiple Disadvantages: An Empirical Test of Intersectionality Theory in EEO Litigation." Law and Society Review, 45(4): 991-1025.

A rich theoretical literature describes the disadvantages facing plaintiffs who suffer multiple, or intersecting, axes of discrimination. This article extends extant literature by distinguishing two forms of intersectionality: demographic intersectionality, in which overlapping demographic characteristics produce disadvantages that are more than the sum of their parts, and claim intersectionality, in which plaintiffs who allege discrimination on the basis of intersecting ascriptive characteristics (e.g., race and sex) are unlikely to win their cases. To date, there has been virtually no empirical research on the effects of either type of intersectionality on litigation outcomes. This article addresses that lacuna with an empirical analysis of a representative sample of judicial opinions in equal employment opportunity (EEO) cases in the U.S. federal courts from 1965 through 1999. Using generalized ordered logistic regression and controlling for numerous variables, we find that both intersectional demographic characteristics and legal claims are associated with dramatically reduced odds of plaintiff victory. Strikingly, plaintiffs who make intersectional claims are only half as likely to win their cases as plaintiffs who allege a single basis of discrimination. Our findings support and elaborate predictions about the sociolegal effects of intersectionality.

DOI:10.1111/j.1540-5893.2011.00463.x (Full Text)

Country of focus: United States of America.

Browse | Search : All Pubs | Next