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

PSC In The News

RSS Feed icon

Eisenberg says college athletes much less likely than other students to seek help with mental health conditions

Mitchell finds children who lose fathers suffer at cellular level

Seefeldt says hard work alone won't allow poor to reach middle-class status in America

More News

Highlights

Neal Krause wins GSA's Robert Kleemeier Award

U-M awarded $58 million to develop ideas for preventing and treating health problems

Bailey, Eisenberg , and Fomby promoted at PSC

Former PSC trainee Eric Chyn wins PAA's Dorothy S. Thomas Award for best paper

More Highlights

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