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Implementation of anti-discrimination policy: does judicial selection matter?

Besley, Timothy and Payne, A. Abigail (2005) Implementation of anti-discrimination policy: does judicial selection matter? PEPP/4. Suntory and Toyota International Centre for Economics and Related Disciplines, London School of Economics and Political Science, London, UK.

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Abstract

One of the most striking changes in labor market policy of the past fifty years has come in the form of legislation to limit discrimination in the workplace based on race, gender, disability and age. If such measures are to be effective in ending discrimination, they need to be enforced. The latter is dependent on state and federal agencies such as the Equal Employment Opportunities Commission and ultimately the willingness of courts to find in favor of plaintiffs. Courts also play an important role in the evolution of antidiscrimination policy since past decisions create future precedent. This paper asks whether the number of charges filed with government agencies depends on the method by which judges are selected. Popularly elected judges should be expected to have more proemployee preferences (selection) and should move closer to employee preferences (incentives). This should result in fewer anti-discrimination charges being filed in states that appoint their judges. In line with this prediction, this paper uses data on the number of employment discrimination charges filed for the period 1973-2000 and finds that states that appoint their judges have fewer anti-discrimination charges being filed.

Item Type: Monograph (Discussion Paper)
Official URL: http://sticerd.lse.ac.uk/
Additional Information: © 2005 the author
Library of Congress subject classification: H Social Sciences > HT Communities. Classes. Races
H Social Sciences > HN Social history and conditions. Social problems. Social reform
H Social Sciences > HD Industries. Land use. Labor
K Law > K Law (General)
Sets: Collections > Economists Online
Departments > Economics
Research centres and groups > Suntory and Toyota International Centres for Economics and Related Disciplines (STICERD)
Rights: http://www.lse.ac.uk/library/usingTheLibrary/academicSupport/OA/depositYourResearch.aspx
Identification Number: PEPP/4
Date Deposited: 10 Mar 2008 11:30
URL: http://eprints.lse.ac.uk/3768/

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