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Bias in the Legal Profession: Self-Assessed versus Statistical Measures of Discrimination

  • Antecol, Heather

    ()

    (Claremont McKenna College)

  • Cobb-Clark, Deborah A.

    ()

    (University of Sydney)

  • Helland, Eric

    ()

    (Claremont McKenna College)

Legal cases are generally won or lost on the basis of statistical discrimination measures, but it is workers' perceptions of discriminatory behavior that are important for understanding many labor-supply decisions. Workers who believe that they have been discriminated against are more likely to subsequently leave their employers and it is almost certainly workers' perceptions of discrimination that drive formal complaints to the EEOC. Yet the relationship between statistical and self-assessed measures of discrimination is far from obvious. We expand on the previous literature by using data from the After the JD (AJD) study to compare standard Blinder-Oaxaca measures of earnings discrimination to self-reported measures of (i) client discrimination; (ii) other work-related discrimination; and (iii) harassment. Overall, our results indicate that conventional measures of earnings discrimination are not closely linked to the racial and gender bias that new lawyers believe they have experience on the job. Statistical earnings discrimination is only occasionally related to increases in self-assessed bias and when it is the effects are very small. Moreover, statistical earnings discrimination does not explain the disparity in self-assessed bias across gender and racial groups.

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Paper provided by Institute for the Study of Labor (IZA) in its series IZA Discussion Papers with number 5831.

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Length: 40 pages
Date of creation: Jul 2011
Date of revision:
Publication status: published in: Journal of Legal Studies, 2014, 43(2), 323-357
Handle: RePEc:iza:izadps:dp5831
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  1. Marianne Bertrand & Sendhil Mullainathan, 2003. "Are Emily and Greg More Employable than Lakisha and Jamal? A Field Experiment on Labor Market Discrimination," NBER Working Papers 9873, National Bureau of Economic Research, Inc.
  2. Even, William E, 1990. "Sex Discrimination in Labor Markets: The Role of Statistical Evidence: Comment," American Economic Review, American Economic Association, vol. 80(1), pages 287-89, March.
  3. Wood, Robert G & Corcoran, Mary E & Courant, Paul N, 1993. "Pay Differences among the Highly Paid: The Male-Female Earnings Gap in Lawyers' Salaries," Journal of Labor Economics, University of Chicago Press, vol. 11(3), pages 417-41, July.
  4. Kuhn, Peter J, 1990. "Sex Discrimination in Labor Markets: The Role of Statistical Evidence: Reply," American Economic Review, American Economic Association, vol. 80(1), pages 290-97, March.
  5. Richard W. Johnson & David Neumark, 1996. "Age Discrimination, Job Separation, and Employment Status of Older Workers: Evidence from Self-Reports," NBER Working Papers 5619, National Bureau of Economic Research, Inc.
  6. Neal, Derek A & Johnson, William R, 1996. "The Role of Premarket Factors in Black-White Wage Differences," Journal of Political Economy, University of Chicago Press, vol. 104(5), pages 869-95, October.
  7. Peter Riach & Judith Rich, 1991. "Testing for racial discrimination in the labour market," Natural Field Experiments 00327, The Field Experiments Website.
  8. DiNardo, John & Fortin, Nicole M & Lemieux, Thomas, 1996. "Labor Market Institutions and the Distribution of Wages, 1973-1992: A Semiparametric Approach," Econometrica, Econometric Society, vol. 64(5), pages 1001-44, September.
  9. David Neumark & Roy J. Bank & Kyle D. Van Nort, 1995. "Sex Discrimination in Restaurant Hiring: An Audit Study," NBER Working Papers 5024, National Bureau of Economic Research, Inc.
  10. Heather Antecol & Anneke Jong & Michael Steinberger, 2008. "The Sexual Orientation Wage Gap: The Role of Occupational Sorting and Human Capital," ILR Review, Cornell University, ILR School, vol. 61(4), pages 518-543, July.
  11. Charles Brown, 1981. "Black-White Earnings Ratios Since the Civil Rights Act of 1964: The Importance of Labor Market Dropouts," NBER Working Papers 0617, National Bureau of Economic Research, Inc.
  12. Alan S. Blinder, 1973. "Wage Discrimination: Reduced Form and Structural Estimates," Journal of Human Resources, University of Wisconsin Press, vol. 8(4), pages 436-455.
  13. Nathan Berg & Donald Lien, 2002. "Measuring The Effect Of Sexual Orientation On Income: Evidence Of Discrimination?," Contemporary Economic Policy, Western Economic Association International, vol. 20(4), pages 394-414, October.
  14. Claudia Goldin & Cecilia Rouse, 1997. "Orchestrating Impartiality: The Impact of "Blind" Auditions on Female Musicians," NBER Working Papers 5903, National Bureau of Economic Research, Inc.
  15. Doris Weichselbaumer, 2000. "Sexual orientation discrimination in hiring," Economics working papers 2000-21, Department of Economics, Johannes Kepler University Linz, Austria.
  16. Kuhn, Peter J, 1987. "Sex Discrimination in Labor Markets: The Role of Statistical Evidenc e," American Economic Review, American Economic Association, vol. 77(4), pages 567-83, September.
  17. Barbezat, Debra A & Hughes, James W, 1990. "Sex Discrimination in Labor Markets: The Role of Statistical Evidence: Comment," American Economic Review, American Economic Association, vol. 80(1), pages 277-86, March.
  18. Mary B. Hampton & John S. Heywood, 1993. "Do Workers Accurately Perceive Gender Wage Discrimination?," ILR Review, Cornell University, ILR School, vol. 47(1), pages 36-49, October.
  19. Rosen, Sherwin, 1992. "The Market for Lawyers," Journal of Law and Economics, University of Chicago Press, vol. 35(2), pages 215-46, October.
  20. Amitabh Chandra, 2000. "Labor-Market Dropouts and the Racial Wage Gap: 1940-1990," American Economic Review, American Economic Association, vol. 90(2), pages 333-338, May.
  21. Jeff E. Biddle & Daniel S. Hamermesh, 1995. "Beauty, Productivity and Discrimination: Lawyers' Looks and Lucre," NBER Working Papers 5366, National Bureau of Economic Research, Inc.
  22. Heather Antecol & Deborah Cobb-Clark, 2004. "The Changing Nature of Employment-Related Sexual Harassment: Evidence from the U.S. Federal Government, 1978–1994," ILR Review, Cornell University, ILR School, vol. 57(3), pages 443-461, April.
  23. Antecol, Heather & Cobb-Clark, Deborah A., 2001. "The Sexual Harassment of Female Active-Duty Personnel: Effects on Job Satisfaction and Intentions to Remain in the Military," IZA Discussion Papers 379, Institute for the Study of Labor (IZA).
  24. Suzanne Heller Clain & Karen Leppel, 2001. "An investigation into sexual orientation discrimination as an explanation for wage differences," Applied Economics, Taylor & Francis Journals, vol. 33(1), pages 37-47.
  25. Antecol, Heather & Cobb-Clark, Deborah A., 2002. "The Changing Nature of Employment-Related Sexual Harassment: Evidence from the U.S. Federal Government (1978-1994)," IZA Discussion Papers 619, Institute for the Study of Labor (IZA).
  26. José Mata & José A. F. Machado, 2005. "Counterfactual decomposition of changes in wage distributions using quantile regression," Journal of Applied Econometrics, John Wiley & Sons, Ltd., vol. 20(4), pages 445-465.
  27. David Neumark & Michele McLennan, 1995. "Sex Discrimination and Women's Labor Market Outcomes," Journal of Human Resources, University of Wisconsin Press, vol. 30(4), pages 713-740.
  28. Alison L. Booth & Andrew Leigh & Elena Varganova, 2012. "Does Ethnic Discrimination Vary Across Minority Groups? Evidence from a Field Experiment," Oxford Bulletin of Economics and Statistics, Department of Economics, University of Oxford, vol. 74(4), pages 547-573, 08.
  29. David N. Laband & Bernard F. Lentz, 1998. "The Effects of Sexual Harassment on Job Satisfaction, Earnings, and Turnover among Female Lawyers," ILR Review, Cornell University, ILR School, vol. 51(4), pages 594-607, July.
  30. P. A. Riach & J. Rich, 2002. "Field Experiments of Discrimination in the Market Place," Economic Journal, Royal Economic Society, vol. 112(483), pages 480-518, November.
  31. Booth, Alison L & Leigh, Andrew & Varganova, Elena, 2010. "Does Racial and Ethnic Discrimination Vary Across Minority Groups? Evidence From a Field Experiment," CEPR Discussion Papers 7913, C.E.P.R. Discussion Papers.
  32. Oaxaca, Ronald, 1973. "Male-Female Wage Differentials in Urban Labor Markets," International Economic Review, Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 14(3), pages 693-709, October.
  33. Derek Neal, 2004. "The Measured Black-White Wage Gap among Women Is Too Small," Journal of Political Economy, University of Chicago Press, vol. 112(S1), pages S1-S28, February.
  34. Antecol, Heather & Kuhn, Peter, 2000. "Gender as an Impediment to Labor Market Success: Why Do Young Women Report Greater Harm?," Journal of Labor Economics, University of Chicago Press, vol. 18(4), pages 702-28, October.
  35. Marieka M. Klawitter & Victor Flatt, 1998. "The effects of state and local antidiscrimination policies on earnings for gays and lesbians," Journal of Policy Analysis and Management, John Wiley & Sons, Ltd., vol. 17(4), pages 658-686.
  36. Goldsmith, Arthur H. & Sedo, Stanley & Darity, William Jr. & Hamilton, Darrick, 2004. "The labor supply consequences of perceptions of employer discrimination during search and on-the-job: Integrating neoclassical theory and cognitive dissonance," Journal of Economic Psychology, Elsevier, vol. 25(1), pages 15-39, February.
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