Employment Discrimination Charge Rates: Variation and Sources

Abstract

The authors document variation in charge rates by demographic basis, observe basis and spatial variation in charge rates, and examine potential sources of this variation. The authors find that discrimination charge rates are much higher for the disabled and African Americans than for women, people older than 40 years, Hispanics, Asians, immigrants, and men, and there is dramatic state-level variation in charge rates. Possible explanations for this variation include access to legal representation, post-complaint employer retaliation, job loss, rights consciousness, and variations in charge outcomes. Findings point toward regulatory outcomes mandating changes in employer behavior as the only robust antecedent to discrimination charge filing. Unfortunately remedies targeting employer behavior are rare, while employer retaliation and firing are common. Neither access to law nor the frequency of monetary damages are associated with charge filing. Rights consciousness is associated with more discrimination charge filings, but only on the bases of disability.