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Elizabeth Hirsh University of British Columbia
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Civil Rights Act of 1964 established U.S. Equal Employment Opportunity Commission to enforce law Responsibility of workers to identify discrimination and mobilize their rights by filing formal claims with EEOC and in court Before proceeding to court, workers must file with EEOC ~80,000-90,000 EEOC charges per year
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I. Charge Process II. Data Structure III. Getting access - Confidentiality agreements - Getting to know the data IV. Matching data sources V. Research applications VI. Future research
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Data files: 1. Charge - Contains basic information on charging party and respondent (targeted employer) - Basic information on law cited (Title VII, EPA, ADEA, ADA) 2. Allegation - One to many match to charge file (i.e., each charge can contain multiple “allegations” of discrimination - Contains details on the basis (sex, race, national origin, religion, age, disability) and employment issue (hire, promotion, termination, pay, harassment, etc)
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3. Actions - Describes all actions taken by investigators as allegation/charge moves through EEOC remedial process (i.e., mediation, conciliation, reasonable cause determination, notice of right to sue) 4. Benefits - Describes any benefits awarded including monetary, nonmonetary, policy changes, etc. 5. Litigation (?)
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1. Confidentiality agreement with EEOC - Under intergovernmental personnel act - Become an unpaid employee of the EEOC 2. Getting to know the data - Becoming an unpaid intern at an EEOC district office, investigation unit - Processed charges from intake through conciliation - Investigators’ employee manual as “codebook”
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Matching to EEO-1 Data (or other survey data) Recently, intake officers assigning EEO-1 numbers to charges/allegations as they come in Historically, no connection between EEOC charge data and EEO-1 employer data Using natural language search in SQL to look up and extract charges for various samples of EEO-1 reporting firms/establishments 60% success rate 40% manually look up in charge data by name and zip code Matching to legal data sources Tracing high-profile litigation back to original EEOC charge(s)
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Project 1: Organizational origins and impact of charges Using matched sample of 2166 EEO-1 reporting establishments to 10, 820 charges, examined contexts that give rise to charges, charge processing/outcomes, and impact of charges on workplace segregation Examined workplace conditions that lead to charges, charge outcomes, and impact on workplace equality (Hirsh 2008; Hirsh and Kornrich 2008; Hirsh 2009)
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Project 2: Diversity-oriented HR Practices and Charges (with Julie Kmec) Surveyed 300 EEO-1 reporting establishments about HR practices, matched survey data to charges Examining effect of HR policies on charges and outcomes (as well as substantive measures of inequality)
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Project 3: EEO lawsuits and legal mobilization Examining 500 high-profile lawsuits, interviewing subset of plaintiffs about legal mobilization/experiences Extracting original charge data for these lawsuits
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Other applications: - Laura Beth Nielsen, Robert Nelson, Ryon Lancaster, Ellen Berrey and colleagues match litigation to charge data (Nielsen, Nelson, Lancaster 2010) - Susanne Bruyere, Sarah Von Schrader and colleagues at Cornell’s Employment and Disability Institute analyzing trends in ADA charges
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EEO/charge “report cards” or “compliance record” for industries (or even firms) Matching charge data to geographical data “Reverse” discrimination charges Focus on retaliation charges and intra/intergroup relations Ethnography of charging/resolution process
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