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Implementation of Anti-Discrimination Policy:Does Judicial Selection Matter?

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  • Timothy Besley
  • A. Abigail Payne

Abstract

One of the most striking changes in labor market policy of the past fifty years has comein 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, theyneed to be enforced. The latter is dependent on state and federal agencies such as theEqual Employment Opportunities Commission and ultimately the willingness of courts tofind in favor of plaintiffs. Courts also play an important role in the evolution of antidiscriminationpolicy since past decisions create future precedent. This paper askswhether the number of charges filed with government agencies depends on the method bywhich judges are selected. Popularly elected judges should be expected to have more proemployeepreferences (selection) and should move closer to employee preferences(incentives). This should result in fewer anti-discrimination charges being filed in statesthat appoint their judges. In line with this prediction, this paper uses data on the numberof employment discrimination charges filed for the period 1973-2000 and finds that statesthat appoint their judges have fewer anti-discrimination charges being filed.

Suggested Citation

  • Timothy Besley & A. Abigail Payne, 2005. "Implementation of Anti-Discrimination Policy:Does Judicial Selection Matter?," STICERD - Political Economy and Public Policy Paper Series 04, Suntory and Toyota International Centres for Economics and Related Disciplines, LSE.
  • Handle: RePEc:cep:stipep:04
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    References listed on IDEAS

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    Cited by:

    1. Iaryczower, Matias & Lewis, Garrett & Shum, Matthew, 2013. "To elect or to appoint? Bias, information, and responsiveness of bureaucrats and politicians," Journal of Public Economics, Elsevier, vol. 97(C), pages 230-244.
    2. Enikolopov, Ruben, 2014. "Politicians, bureaucrats and targeted redistribution," Journal of Public Economics, Elsevier, vol. 120(C), pages 74-83.
    3. Ruben Enikolopov, 2010. "Politicians, Bureaucrats and Targeted Redistribution: The Role of Career Concerns," Working Papers w0148, Center for Economic and Financial Research (CEFIR).
    4. Mark Partridge & Tim Sass, 2011. "The productivity of elected and appointed officials: the case of school superintendents," Public Choice, Springer, vol. 149(1), pages 133-149, October.
    5. Guerriero, Carmine, 2011. "Accountability in government and regulatory policies: Theory and evidence," Journal of Comparative Economics, Elsevier, vol. 39(4), pages 453-469.
    6. Ruben Enikolopov, 2011. "Are Bureaucrats Really Paid Like Bureaucrats?," Working Papers w0165, Center for Economic and Financial Research (CEFIR).

    More about this item

    JEL classification:

    • J7 - Labor and Demographic Economics - - Labor Discrimination
    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior

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