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Discrimination against gay, lesbian, bisexual, and transgender Americans remains pervasive given the current lack of anti-discrimination legislation at both the federal and state levels. Specifically, discrimination in the workplace based on sexual orientation or gender identity remains legal in most states, while the federal government has failed to expand employment discrimination protections to LGBT employees.

The paper forms part of the project 'GenderRace - The Use of Racial Anti-Discrimination Laws: Gender and Citizenship in a Multicultural Context', funded by the EU Seventh Framework Programme, Grant Agreement - SSH7-CT-2007-217237 ; Acknowledgement: The University of Malta would like to acknowledge its gratitude to the National Commission for the Promotion of Equality for their permission to upload this work on OAR@UoM. Further reuse of this document can be made, provided the source is acknowledged. ; This paper provides an introduction to the issue of multiple discrimination and the problems it presents in law. It analyses how the law in many European countries deals with cases of multiple discrimination. It will discuss the GendeRace Project, a project which aimed to evaluate the effectiveness of racial discrimination laws in a gender perspective, and some of its findings. This paper will also examine some alternative ways of addressing multiple discrimination in law and will give examples of good practice, some of which are based on the findings of the GenderRace project. The focus of the lessons that can be learned from these examples will be on the European Union level. ; peer-reviewed

Algorithmic identity politics reinstate old forms of social segregation—in a digital world, identity politics is pattern discrimination. It is by recognizing patterns in input data that artificial intelligence algorithms create bias and practice racial exclusions thereby inscribing power relations into media. How can we filter information out of data without reinserting racist, sexist, and classist beliefs? ; Clemens Apprich: Introduction Hito Steyerl: A Sea of Data: Pattern Recognition and Corporate Animism (Forked Version) Florian Cramer: Crapularity Hermeneutics: Interpretation as the Blind Spot of Analytics, Artificial Intelligence, and Other Algorithmic Producers of the Postapocalyptic Present Wendy Hui Kyong Chun: Queerying Homophily Clemens Apprich: Data Paranoia: How to Make Sense of Pattern Discrimination

In all three chapters of this dissertation, I try to see whether discrimination and own-group preferences exist, in different contexts, and what kind of public policies could mitigate or balance the negative effect of these preferences. In my first chapter, I rely on a famous ruling that changed the monopsony power of firms to see whether, as predicted by Becker, market failures have an impact on wage discrimination. I find that as monopsony power decreases, firms are no longer able to act on their prejudice, and wage discrimination disappears. This result shows that labour market context is essential in evaluating public policies, and that prejudice need not necessarily translate into wage discrimination. In the second chapter, I analyse the effect of another public policy, a 2015 reform that imposed gender quotas in academic recruitment committees. The reasoning of the policymakers was that increasing the share of women evaluators would improve the outcomes for women. I find the opposite instead; women are ranked worse by hiring committees after the reform. However, this result does not show that women discriminate against women. There is some evidence that this result is caused by the reaction of male jurors to the reform, since the negative effect of the reform is found only in committees that are helmed by male jury presidents. This chapter shows that it is necessary to evaluate public policies, lest reforms that are well-meaning in intention turn out to cause more harm than good. In the third and final chapter, I show two stylised facts: When cities decline, they tend to become more black, and black residents are disproportionately located in cities that pay low wages. One explanation for this could be that living in cities with a larger share of black residents is a positive amenity for black workers. I try to see whether workers have preferences for living in cities that have a larger share of co-ethnic residents, when controlling for wages, rents, transfers and network amenities. I find that these ...

In all three chapters of this dissertation, I try to see whether discrimination and own-group preferences exist, in different contexts, and what kind of public policies could mitigate or balance the negative effect of these preferences. In my first chapter, I rely on a famous ruling that changed the monopsony power of firms to see whether, as predicted by Becker, market failures have an impact on wage discrimination. I find that as monopsony power decreases, firms are no longer able to act on their prejudice, and wage discrimination disappears. This result shows that labour market context is essential in evaluating public policies, and that prejudice need not necessarily translate into wage discrimination. In the second chapter, I analyse the effect of another public policy, a 2015 reform that imposed gender quotas in academic recruitment committees. The reasoning of the policymakers was that increasing the share of women evaluators would improve the outcomes for women. I find the opposite instead; women are ranked worse by hiring committees after the reform. However, this result does not show that women discriminate against women. There is some evidence that this result is caused by the reaction of male jurors to the reform, since the negative effect of the reform is found only in committees that are helmed by male jury presidents. This chapter shows that it is necessary to evaluate public policies, lest reforms that are well-meaning in intention turn out to cause more harm than good. In the third and final chapter, I show two stylised facts: When cities decline, they tend to become more black, and black residents are disproportionately located in cities that pay low wages. One explanation for this could be that living in cities with a larger share of black residents is a positive amenity for black workers. I try to see whether workers have preferences for living in cities that have a larger share of co-ethnic residents, when controlling for wages, rents, transfers and network amenities. I find that these preferences are significant, and then try to see what share of the wage gap these preferences, and the imperfect sorting they imply, could explain. ; Dans les trois chapitres de cette thèse, j'étudie l'effet des préjugés et des préférences discriminatoires sur le marché du travail. Je m'intéresse aussi à l'efficacité de politiques publiques qui ont pour objectif d'atténuer les effets négatifs de ces préférences. Dans mon premier chapitre, je m'appuie sur un arrêt célèbre qui a changé le pouvoir de monopsone des entreprises pour voir si, comme l'avait prédit Becker, les défaillances du marché ont un impact sur la discrimination salariale. Mes résultats montrent que lorsque le pouvoir de monopsone diminue, la discrimination salariale disparaît. Ce résultat montre que les préjugés ne doivent pas nécessairement se traduire par une discrimination salariale. Dans le deuxième chapitre, j'analyse l'effet d'une autre politique publique, une réforme de 2015 qui a imposé des quotas de genre dans les comités de sélection académique en France. L'objectif de cette réforme était d'améliorer les classements des femmes en augmentant la part des celles-ci dans les comités. En évaluant la réforme, je trouve l'effet inverse ; les femmes sont moins bien classées par les comités de recrutement après la réforme. Cependant, ce résultat ne montre pas que les femmes ont une préférence pour les hommes. L'effet négatif de la réforme ne se trouve que dans les commissions dirigées par des présidents de jury masculins, ce qui suggère que le comportement des hommes a peut-être lui aussi changé suite à la réforme. Ce chapitre démontre qu'il est nécessaire d'évaluer les politiques publiques, afin d'éviter que des réformes bien intentionnées ne causent plus de mal que de bien. Dans le troisième et dernier chapitre, je m'intéresse aux choix de localisation des individus. Je m'intéresse tout particulièrement à la question suivante : Les travailleurs préfèrent-ils habiter dans une ville avec une proportion plus importante de résidents du même groupe ethnique qu'eux, ceteris paribus ? J'utilise un modèle d'équilibre spatial qui permet de répondre à cette question. En contrôlant pour les salaires, les loyers, les revenus de transfert et les réseaux des individus, ces préférences sont comparables aux salaires réels dans les choix de localisation des villes des individus. Je simule ensuite le modèle pour essayer de voir quel est l'impact de ces préférences sur les écarts de salaires entre travailleurs blancs et noirs aux États-Unis.

This open access short reader provides a state of the art overview of the discrimination research field, with particular focus on discrimination against immigrants and their descendants. It covers the ways in which discrimination is defined and conceptualized, how it is measured, how it may be theorized and explained, and how it might be combated by legal and policy means. The book also presents empirical results from studies of discrimination across the world to show the magnitude of the problem and the difficulties of comparison across national borders. The concluding chapter engages in a critical discussion of the relationship between discrimination and integration as well as pointing out promising directions for future studies. As such this short reader is a valuable read to undergraduate students, as well as graduate students, scholars, policy makers and the general public.

Contemporary discrimination law is in crisis, both methodologically and conceptually. The crisis arises in large part from the judiciary's dependence on comparators—those who are like a discrimination claimant but for the protected characteristic—as a favored heuristic for observing discrimination. The profound mismatch of the comparator methodology with current understandings of identity discrimination and the realities of the modern workplace has nearly depleted discrimination jurisprudence and theory. Even in run-of-the-mill cases, comparators often cannot be found, particularly in today's mobile, knowledge-based economy. This difficulty is amplified for complex claims, which rest on thicker understandings of discrimination developed in second-generation intersectionality, identity performance, and structural discrimination theories. By treating comparators as an essential element of discrimination, instead of as a heuristic device to help discern whether discrimination has occurred, courts have largely foreclosed these other theories from consideration. At the same time, courts have further shrunk the very idea of discrimination by disregarding a central lesson from harassment and stereotyping jurisprudence: discrimination can occur without a comparator present. The comparator methodology retains its appeal, despite these deficiencies, because its empirical patina permits courts to evaluate discrimination claims without appearing to engage in a subjective analysis of workplace dynamics. Given the complex nature of both identity and discrimination, however, the comparisons produce a false certainty at best. By contrast, alternate methodologies, including the contextual consideration favored in harassment and stereotyping jurisprudence as well as the hypothetical comparator embraced in European law, offer a meaningful framework for matching discrimination law and norms to workplace facts, while preserving judicial legitimacy. With comparators dislodged from their methodological pedestal, we may yet recover space for the renewed development of discrimination jurisprudence and theory.

In the fust two or three decades after the Second World War there was a considerable movement internationally to address issues relating to the well being of people in the work force. Part of this overall thrust saw the development in many countries of comprehensive health and safety legislation of the type that New Zealand has just introduced

History is replete with overt discrimination on the basis of race, gender, age, citizenship, ethnicity, marital status, academic performance, health status, volume of market transactions, religion, sexual orientation, etc. However, these forms of discrimination are not equally tolerable. For example, discrimination based on immutable or prohibitively unalterable characteristics such as race, gender, or ethnicity is much less acceptable. Why? I develop a simple rent-seeking model of conflict which is driven by either racial (gender or ethnic) discrimination or generational discrimination (i.e., young versus old). When the conflicts are mutually exclusive, I find that racial discrimination is socially intolerable for a much wider range of parameter values relative to generational discrimination. When they are not mutually exclusive, I find that racial discrimination can be socially intolerable while generational discrimination is socially tolerable. The converse is not true. My results are not driven by a stronger intrinsic aversion to discrimination on the basis of immutable characteristics. I am able to explain why some forms of discrimination (e.g., racism) are much less tolerable than other forms of discrimination (e.g., age discrimination) without making any value judgements about either form of discrimination.

Ethnic and racial discrimination in the hiring process is a common and documented problem. Scientists from different backgrounds and numerous countries have tried to measure the extent of this form of discrimination, mostly by using field experiments such as audit or correspondence tests. This paper will provide an overview of the literature on measuring discrimination in more general terms as well as reviewing the studies already conducted that focus on ethnic or racial discrimination in hiring. It will focus on how discrimination is defined in different disciplines, on the historical political context in which field experiments have emerged once anti-discrimination legislation was adopted in the US and the UK and how the technique was developed further over time. Methodological issues such as the difference between audit (i.e. in-person)and correspondence test (i.e. CV-based) will be addressed as well as the ethical and legal stumbling blocks researchers can encounter when conducting field experiments. It will be shown that today's field experiments not only cover a wider group of countries, professions or minority groups, but also increasingly add more variables to the testing. Despite this variety in the research designs, this paper concludes that certain trends can be observed in all tests and that discrimination in hiring can be found in all countries where field experiments were conducted.

Gender discrimination is a pressing issue in gender research across the globe. While the Government of Nepal has taken several measures to address gender discrimination it remains prevalent at all levels of society. This paper examines the prevalence of gender discrimination in Nepal and its variability based on socio-demographic status. It employs micro-level data generated by Nepal National Governance Survey 2017/18 was used and analyzed through a logistic regression model. The results showed that the experience of gender-based discrimination varies based on socio-demographic factors including: gender, age, urban/rural, education, and economic status. Women's experiences of discrimination or marginalization vary based on their intersectional identity. The deeply ingrained patriarchal gender ideology in Nepal, driven by traditional cultural values and practices, perpetuates discrimination along gender lines. Keywords: Discrimination, Gender, Patriarchal, Women, Nepal.

In the past years, discussions about equality law in the EU have witnessed the emergence of growing concerns about 'intersectionality'. In cases of multiple and intersectional discrimination, victims experience differential treatment or disadvantage based on several grounds, for instance gender and race. This type of complex and multi-layered discrimination poses specific challenges to EU anti-discrimination law, which systematically tends to reduce discrimination to one single protected category. Consequently, multiple and intersectional discrimination often falls into the cracks of equality protection, raising the question of whether EU anti-discrimination law is an adequate instrument to combat intersectional discrimination. Despite rising awareness about the necessity to address this issue, neither EU legislation nor jurisprudence has provided an adequate answer so far. Rather, the warning against 'multiple discrimination' contained in the preambles of the Race Equality Directive 2000/43/EC (14) and the Framework Directive 2000/78/EC (3) falls short of bringing conceptual clarity. However, despite the Court's apparent lack of understanding of the issue of intersectionality—culminating in Parris in 2016 – this chapter argues that a careful reading of the few cases of discrimination invoking multiple grounds brought to the CJEU reveals potential paths towards recognizing intersectional discrimination. This chapter reviews these pathways to recognition and demonstrates how they could contribute to a better protection of equality for victims of multiple and intersectional discrimination.

"Discrimination" is a concept which has been discussed by different sides of the society throughout the history and which still keeps its importance and will do in future, as well. The word "discrimination" originates from the latin word "discriminare" which means "separate" or "divide". The major thing which is emphasized in definitions concerning discrimination is the negative categorization of the individual or the groups in the society, the negative categorization of the individuals with the reasons which are not found reasonable and discourse and actions that are parallel to the reasons. The conceptual analysis means to indicate its compounds and indicators. The compounds of discrimination are "prejudice", "dogma" and "benefit". (i) Prejudice. Prejudice is described as "the negative approach", which are usually known as unbased, discriminative and intolerant, towards a group of people or singular members of the group as a consequence of missing or mistaken judgment. Therefore, prejudice makes up the fundamentals of discrimination. Individuals may tend to adopt discrimination as spiritual concept without considering the prejudice that sometimes they are not aware to obtain or they are never aware. (ii) Dogma. On the other hand, the term "dogma" is described as the thought whose credibility is absolutely accepted without all kinds of examination and criticize. The dogmas that are based on believing without any examination are one of the major compounds of discrimination. Dogma may also result is not using the logic because it cancels the functioning of human mind and so it may make human beings more prone to acceptations. (ii) Benefit. Meanwhile, the term "benefit" is considered negatively in language and so it is not seen in the first common place in interaction of us and this case is often underlined. Because consideration of benefit is invariably evaluated as a negative factor in interactive relations of people. Individuals or group members may tend to make discriminations because they consider their own benefits and moreover they are aware or not aware of it. The major indicators of discrimination is "hate speech", "applications of violence" and "favoritism". (i) Hate speech. Hate speech is the violation of right to life. That's why, we notice that "the hate speech" points to inequality and rejects the concerned individual or the group and insults some parts or groups in the society and feeds the prejudice. The speech of hate which is a major indicator of discrimination may result in the violence by leading to physically, performance of hate crimes which is mainly based on hate speech. (ii) Applications of violence. In descriptions concerning violence over an individual or the society, physical power, brutal force for bad purposes and the harm of people who are exposed to violence and any kind of morally and financially negative factors concerning the physical and spiritual well-being. One of the major reasons of the violence over an individual or a group is the discrimination. Violence which is also expression of the discrimination may result in irrevocable harm in individuals in terms of emotional and social points as well as being considered a "crime" in law. (iii) Favoritism. The term "favoritism" which also refers to "lookout" backing up refers to supporting someone without considering the law and social rules to give priority unjustly in a subject. Favoritism is also classified in four major groups known as "nepotism", "kronizm", "partisanship" and "gender discrimination". For this reason, favoritism threats the individuals, organizations and the society by means of corruption. Therefore, favoritism with is negative effects and so it seems inevitable that favoritism should be prevented by means of legal measures due to its negative effects over individuals, organizations and the society. Despite the negative effects of favoritism over the individual(s), organization(s) and the society, it has almost become an everyday factor and this assumption has gradually enlarged in the society. One of the major indicators of discrimination is favoritism that the individual(s), right(s) are grasped and it is considered one of the most critical reasons for the social corruption. In this respect, favoritism should be regarded as a major concrete evidence discrimination, as well. In other words, favoritism is that discrimination for individual(s) turns out to be a physically visible factor as back-up or support.

Economists stress the leading role that inclusive institutions play among the various factors that foster a country's economic growth. In this article, we show that it might be misleading to mistake the codification of a formal rule for its effective administrative implementation. As the case of the German state Wuerttemberg demonstrates, a government's lip service to the principle of equal treatment does not guarantee that the local patent authority refrains from discriminating against foreign patentees by charging comparatively high patent fees. We conclude that the introduction of a stringent and formally fair patent law alone does not guarantee that foreign inventors' intellectual property rights are protected as well as those of the domestic patentees.

We study a search model with employment protection legislation. We show that if the output from the match is uncertain ex ante, there may exist a discriminatory equilibrium where workers with the same productive characteristics are subject to different hiring standards. If a bad match takes place, discriminated workers will use longer time to find another job, prolonging the costly period for the firm. This makes it less profitable for the firms to hire the discriminated workers, thus sustaining discrimination. In contrast to standard models, the existence of employers with a taste for discrimination may make it more profitable to discriminate also for firms without discriminatory preferences.