Abstract
The study examines what the correlates are between age discrimination charges and employer characteristics using the longitudinal sample of 4000 establishments representing a random sample of establishments in the US. The study uses data on charges and establishments obtained through the U.S. Equal Employment Opportunity Commission who enforces the Age Discrimination in Employment Act (ADEA). Using the panel data approach, the results suggest that the strongest predictor of ADEA charges, is past ADEA charges against the employer. Other characteristics such as a smaller span of control (number of employees per manager), to some extent a greater proportion of minority employees, being a headquarters establishment, or being a federal contractor, are associated with more charges. The implications of these findings are discussed.
This is a preview of subscription content, log in via an institution to check access.
Similar content being viewed by others
Notes
Elasticity is a more effective way to measure a variable’s sensitivity to a change in another variable. It is interpreted in the percentage term instead of a unit change. A-unit change parameter from the regression can be transformed into a percentage change term using the following transformation: \( \frac{\%\Delta Y}{\%\Delta X}=\frac{\Delta Y}{\Delta X}\ast \frac{\overline{X}}{\overline{Y}} \), where Y is a dependent variable with mean \( \overline{Y} \), X is independent variable with mean \( \overline{X} \), \( \frac{\Delta Y}{\Delta X} \) is the estimate of the relationship between two variables from the linear regression. The relationship is inelastic when a 1% change in X leads to less than 1% change in Y. For example, for span of control \( \frac{\Delta Y}{\Delta X}=-0.00061 \), \( \overline{Y} \)=0.2, \( \overline{X}=19.8 \), then \( \frac{\%\Delta Y}{\%\Delta X} \)= − .00061*19.8/0.2 = −0.06
References
Bendick Jr., M., Egan, M. L., & Lofhjelm, S. M. (2001). Workforce diversity training: From anti-discrimination compliance to organizational development. Human Resource Planning, 24(2).
Colvin, A. J. S (2017). The growing use of mandatory arbitration. Economic Policy Institute. Retrieved from: epi.org/135056.
Davison, B. (2003). Management span of control: How wide is too wide? Journal of Business Strategy, 24, 22–29. https://doi.org/10.1108/02756660310494854.
Donohue III, J., & Siegelman, P. (1991). The changing nature of employment discrimination litigation. Stanford Law Review, 43(5), 983.
Donohue III, J., & Siegelman, P. (2008). The evolution of employment discrimination law in the 1990s: A preliminary empirical investigation. In L. B. Nielsen & R. L. Nelson (Eds.), Handbook of employment discrimination research. New York: SpringerLink.
Edelman, L. B., Erlanger, H. S., & Lande, J. (1993). Internal dispute resolution: The transformation of civil rights in the workplace. Law and Society Review, 497–534.
Gelfand, M. J., Nishii, L. H., Raver, J. L., & Schneider, B. (2007). Discrimination in organizations: An organizational-level systems perspective (CAHRS working paper #07–08). Ithaca, NY: Cornell University, School of Industrial and Labor Relations, Center for Advanced Human Resource Studies. http://digitalcommons.ilr.cornell.edu/cahrswp/470.
Gittell, J. H. (2000). Paradox of coordination and control. California Management Review, 42(3), 101–117.
Goldman, B. M. (2001). Toward an understanding of employment discrimination claiming: An integration of organizational justice and social information processing theories. Personnel Psychology, 54(2), 361–386.
Hirsh, C. E., & Kornrich, S. (2008). The context of discrimination: Workplace conditions, institutional environments, and sex and race discrimination charges. American Journal of Sociology, 113(5), 39.
Johnson, R. W. (2009). Managers’ attitudes toward older workers: A review of evidence. In S. J. Czaja & J. E. Sharit (Eds.), Aging and work: Issues and implications in a changing landscape. Johns Hopkins University Press.
Lahey, J. (2005). Do older workers face discrimination? Atlantic. Boston: MA.
Lucas, V. S., Laschinger, H. K., & Wong, C. A. (2008). The impact of emotional intelligent leadership on staff nurse empowerment: The moderating effect of span of control. Journal of Nursing Management, 16(8), 964–973.
Meager, N., Tyers, C., Perryman, S., Rick, J., & Willison, R. (2002). Awareness, knowledge, and exercise of individual employment rights. Department of Trade and Industry, employment relations research series no. 15. London, UK: Institute for Employment Studies Retrieved from http://doc.ukdataservice.ac.uk/doc/5082/mrdoc/pdf/5082userguide.pdf.
Neumark, D., & Button, P. (2013). Did age discrimination protections help older workers weather the great recession? Retrieved from http://www.nber.org/papers/w19216.
Neumark, D., & Song, J. (2013). Do stronger age discrimination laws make social security reforms more effective? Journal of Public Economics, 108, 1–16. https://doi.org/10.1016/j.jpubeco.2013.09.006.
Perron, R. (2018). The Value of Experience: Age discrimination against older workers persists. Washington, DC: AARP Research, https://www.aarp.org/content/dam/aarp/research/surveys_statistics/econ/2018/value-of-experience-age-discrimination-highlights.doi.10.26419-2Fres.00177.002.pdf.
Richard, O. C., Ford, D., & Ismail, K. (2006). Exploring the performance effects of visible attribute diversity: The moderating role of span of control and organizational life cycle. The International Journal of Human Resource Management, 17(June 2015), 2091–2109. https://doi.org/10.1080/09585190601000246.
Roscigno, V. J., Mong, S., Byron, R., & Tester, G. (2007). Age discrimination, social closure and employment. Social Forces, 86(1), 313–334.
Smart Richman, L., & Leary, M. R. (2009). Reactions to discrimination, stigmatization, ostracism, and other forms of interpersonal rejection: A multimotive model. Psychological Review, 116(2), 365–383.
Terpstra, D. E., & Cook, S. E. (1985). Complainant characteristics and reported behaviors and consequences associated with formal sexual harassment charges. Personnel Psychology, 38(3), 559–574.
Toossi, M. (2013). Labor force projections to 2022: The labor force participation rate continues to fall. Monthly Labor Review, (December), 1–28. Retrieved from http://www.bls.gov/opub/mlr/2013/article/labor-force-projections-to-2022-the-labor-force-participation-rate-continues-to-fall.htm.
U.S. Department of Labor. (2015). Equal employment opportunity is the law. Workplace poster on employment legislation. Retrieved from http://www.dol.gov/ofccp/regs/compliance/posters/pdf/eeopost.pdf.
von Schrader, S., & Nazarov, Z. E. (2014). Employer characteristics associated with discrimination charges under the Americans with disabilities act. Journal of Disability Policy Studies. https://doi.org/10.1177/1044207314533385.
von Schrader, S., & Nazarov, Z. E. (2015). Trends and patterns in age discrimination in employment act (ADEA) charges. Research on Aging. Online ahead of print. https://doi.org/10.1177/0164027515593989.
Wakefield, S., & Uggen, C. (2004). The declining significance of race in federal civil rights law: The social structure of employment discrimination claims. Sociological Inquiry, 74(1), 128–157. Retrieved from. https://doi.org/10.1111/j.1475-682X.2004.00082.x/abstract.
Acknowledgments
The authors would like to acknowledge Ronald Edwards formerly of the U.S. Equal Employment Opportunity Commission (EEOC) for assistance in obtaining and working with these data. We would like to recognize the excellent research support and reviews provided by Yi Chao, Kevin Wandrei, Melissa Bjelland, and Sara VanLooy. Susanne Bruyère of the Yang-Tan Institute at Cornell University obtained an Intergovernmental Personnel Act (IPA) position at the U.S. Equal Employment Opportunity Commission (EEOC), affording us access to data from the EEOC’s Integrated Mission System which includes detailed information on every charge the EEOC receives, as well as those dually-filed with Fair Employment Practice Agencies (FEPAs). Further questions about the IPA, study methodology, or additional analyses described in the paper should be directed to Sarah von Schrader. The statistics reported in these materials are derived from data files obtained under this agreement with the EEOC. Summaries of data are based on our aggregations and do not represent the EEOC’s official aggregation of the data.
Author information
Authors and Affiliations
Corresponding author
Ethics declarations
Funding
This study was funded by The Alfred P. Sloan Foundation [grant number 2013 6–18.].
Conflict of Interest
The authors declare that they have not conflict of interest.
Research Involving Human Participant and/or Animals
None
Ethics Approval
This is an observational study. The Cornell’s IRB has confirmed that no ethical approval is required for this study.
Informed Consent
None
Consent to Publish
Not applicable.
Additional information
Publisher’s Note
Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.
Rights and permissions
About this article
Cite this article
Nazarov, Z., von Schrader, S. A Longitudinal Analysis of the Relationship between Employer Characteristics and Age Discrimination Charge Filings. Employ Respons Rights J 32, 33–48 (2020). https://doi.org/10.1007/s10672-020-09346-y
Published:
Issue Date:
DOI: https://doi.org/10.1007/s10672-020-09346-y