Rights on Trial: How Workplace Discrimination Law Perpetuates Inequality
In: Contemporary sociology, Band 48, Heft 5, S. 519-521
ISSN: 1939-8638
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In: Contemporary sociology, Band 48, Heft 5, S. 519-521
ISSN: 1939-8638
In: American sociological review, Band 79, Heft 1, S. 109-135
ISSN: 1939-8271
Scholars and pundits argue that women and minorities are more likely to lose their jobs in downsizing because of segregation or outright discrimination. In contrast, this article explores how the formalization and legalization of downsizing affect inequalities. According to bureaucracy theory and management practitioners, formalization constrains decision-makers' bias, but neo-structural and feminist theories of inequality argue that formalization can itself be gendered and racially biased. Accountability theory advances this debate, pointing to organizational and institutional processes that motivate executives to minimize inequality. Building on these theories, and drawing on unique data from a national sample of 327 downsized establishments between 1971 and 2002, I analyze how layoff formalization and actors' antidiscrimination accountability affect women's and minorities' representation in management after downsizing. Results demonstrate that, first, downsizing significantly reduces managerial diversity. Second, formalization exacerbates these negative effects when layoff rules rely on positions or tenure, but not when layoff rules require an individualized evaluation. Finally, antidiscrimination accountability generated by internal legal counsels or compliance awareness prods executives to override formal rules and reduce inequalities. I conclude that although downsizing has been increasingly managed by formal rules and monitored by legal experts, this has often meant the institutionalization of unequal, rather than equal, opportunity.
In: The American journal of sociology, Band 114, Heft 6, S. 1591-1643
ISSN: 1537-5390
"Management experts Frank Dobbin and Alexandra Kalev sift through decades of data to show why workplace diversity training fails and what works. Arguing that it's time to focus on changing systems rather than individuals, the authors make data-driven recommendations for diversifying management and creating workplaces where everyone can thrive."--
In: Annual review of sociology, Band 47, Heft 1, S. 281-303
ISSN: 1545-2115
The civil rights and women's movements led to momentous changes in public policy and corporate practice that have made the United States the global paragon of equal opportunity. Yet diversity in the corporate hierarchy has increased incrementally. Lacking clear guidance from policymakers, personnel experts had devised their own arsenal of diversity programs. Firms implicated their own biased managers through diversity training and grievance systems and created a paper trail for personnel decisions, but they maintained the deeper structures that perpetuate inequality. Firms that changed systems for recruiting and developing workers, organizing work, and balancing work and life saw diversity increase up the hierarchy, but those firms are all too rare. The courts and federal agencies have found management processes that do not explicitly discriminate to be plausibly unbiased, and they rarely require systemic reforms. Our elaborate corporate diversity programs and public regulatory systems have largely failed to open opportunity, but social science research points to a path forward.
In: American behavioral scientist: ABS, Band 58, Heft 2, S. 288-308
In: American behavioral scientist: ABS, Band 58, Heft 2, S. 288-308
ISSN: 1552-3381
Scholars and practitioners agree that referrals provide firms with better workers. Economists and sociologists debate whether the underlying mechanism behind such relations is a better match between workers and firms or an advantage conferred by social relations. Building on insights from network theory and cognitive psychology, we offer a new approach to the debate, arguing that network relations can also create evaluative bias. We reexamine the connection between social ties and workers' performance using unique data on the actual productivity of sales employees and their evaluations in a large global firm. Results suggest that the preexistence of ties between an incoming employee and insiders in the firm creates an evaluative advantage—an advantage that is unrelated to workers' concrete performance. We discuss the implications of these results for a relational approach to social stratification, organizations and work, as well as social networks.
In: Oxford Handbook of Diversity and Work, pp. 253-281, Quinetta Roberson, ed., New York: Oxford University Press, 2013
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In: Dobbin, Frank, and Alexandra Kalev. 2007. "The Architecture of Inclusion: Evidence from Corporate Diversity Programs." Harvard Journal of Law & Gender 30(2):279-301
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In: Law and Social Inquiry, Band 31, Heft 4, S. 855-903
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In: Socio-economic review, Band 4, Heft 3, S. 379-416
ISSN: 1475-1461
Scholars of the American workplace agree that the employment relationship has changed in significant ways but disagree about whether workplaces are now best characterized as 'legalized' or 'restructured', a designation that implies a market orientation in the treatment of workers. We investigate whether a new set of employment practices, namely flexible work arrangements (FWA) such as flextime, compressed work weeks, telecommuting and reduced-hours schedules, are administered using the principles and practices associated with either or both management regimes. Our analyses of in-depth interviews with human resources managers from 41 diverse organizations show that most organizations have formalized FWA with written policies, but these policies institutionalize managerial discretion rather than creating outright rights for employees. Even when organizations write a formal written policy, FWA are managed as negotiated perks available to valued workers if and when managers choose to allow them, as suggested by the restructured workplace regime. We argue that this 'formalized discretion' explains the low utilization and unequal access to FWA found in previous studies. These findings suggest the need to reconsider the theoretical link between formalization and employees' rights in the workplace. Adapted from the source document.
In: Socio-economic review, Band 4, Heft 3, S. 379-416
ISSN: 1475-147X
In: American sociological review, Band 87, Heft 2, S. 175-201
ISSN: 1939-8271
Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that litigation frequently elicits resistance and even retribution from employers. But quantitative studies find that lawsuits can increase workforce diversity. This article develops an account of managerial resistance and firm visibility to reconcile these divergent findings. First, we synthesize job autonomy and group conflict theories to account for resistance that occurs when dominant groups perceive non-dominant groups to be attempting to usurp managerial authority, in this case through litigation. Second, we integrate insights from organizational institutionalism, which suggests that highly visible firms seek to demonstrate compliance with legal and societal norms. Drawing on this theory, we predict that only large, visible firms will see increases in diversity following lawsuits, and, by the same token, that the most visible workplaces of those large firms, their headquarters, will see the greatest changes. We test our hypotheses with data on litigation and workforce composition from a diverse set of 632 firms that were sued by the EEOC between 1997 and 2006. This study shows that understanding the consequences of lawsuits across firms, and across organizations within them, is key to tackling workplace discrimination.
In: American sociological review, Band 80, Heft 5, S. 1014-1044
ISSN: 1939-8271
Organization scholars since Max Weber have argued that formal personnel systems can prevent discrimination. We draw on sociological and psychological literatures to develop a theory of the varied effects of bureaucratic reforms on managerial motivation. Drawing on self-perception and cognitive-dissonance theories, we contend that initiatives that engage managers in promoting diversity—special recruitment and training programs—will increase diversity. Drawing on job-autonomy and self-determination theories, we contend that initiatives that limit managerial discretion in hiring and promotion—job tests, performance evaluations, and grievance procedures—will elicit resistance and produce adverse effects. Drawing on transparency and accountability theories, we contend that bureaucratic reforms that increase transparency for job-seekers and hiring managers—job postings and job ladders—will have positive effects. Finally, drawing on accountability theory, we contend that monitoring by diversity managers and federal regulators will improve the effects of bureaucratic reforms. We examine the effects of personnel innovations on managerial diversity in 816 U.S. workplaces over 30 years. Our findings help explain the nation's slow progress in reducing job segregation and inequality. Some popular bureaucratic reforms thought to quell discrimination instead activate it. Some of the most effective reforms remain rare.
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Working paper