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Association: Name: American Sociological Association URL: http://www.asanet.org
Citation: URL: http://www.allacademic.com/meta/p105074_index.html Direct Link: HTML Code:

Lancaster, Ryon., Nielsen, Laura. and Nelson, Robert. "Social Structure and Formal Law: Social Attributes and the Outcomes of Employment Discrimination Cases" Paper presented at the annual meeting of the American Sociological Association, Montreal Convention Center, Montreal, Quebec, Canada, Aug 11, 2006 <Not Available>. 2009-05-25 <http://www.allacademic.com/meta/p105074_index.html>

Lancaster, R. , Nielsen, L. B. and Nelson, R. L. , 2006-08-11 "Social Structure and Formal Law: Social Attributes and the Outcomes of Employment Discrimination Cases" Paper presented at the annual meeting of the American Sociological Association, Montreal Convention Center, Montreal, Quebec, Canada Online <PDF>. 2009-05-25 from http://www.allacademic.com/meta/p105074_index.html

Publication Type: Conference Paper/Unpublished Manuscript Abstract: The relationship between social characteristics and the formal legal system is a long-standing concern in the sociology of law. However, little research has been conducted on how social characteristics affect litigation in the formal legal system. This paper presents research on the relationship between outcomes in the formal legal system on the basis of key social attributes of plaintiffs, including race and sex. In particular, we focus on employment discrimination cases in the formal legal system, where the law is concerned with redressing discrimination on the basis of social characteristics. We examine outcomes in governmental agencies, such as the Equal Employment Opportunity Commission, as well as the federal courts, and the role played by social characteristics such as race, sex, age, and disability. Using existing theory, we generate predictions that social characteristics should have a significant impact on the outcomes of cases. Counter to this line of argument, we also develop a theory that examines the formal legal system as an organization where typifications of cases play a more significant role than do social characteristics. We find that most social characteristics have no or only minimal impact on the outcomes of cases at both governmental agencies and in the federal courts. The one important exception to this is the sex of plaintiff in sex discrimination cases, where women are much more likely to have favorable outcomes at both levels than men are.

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