The perceived unfairness in employment discrimination lawsuits

A new study by three sociologists examines how both sides in employment discrimination lawsuits feel about the process:

“We wanted to hear, from actual people involved in employment discrimination lawsuits, what litigation was like for them,” says Berrey, assistant professor of sociology at UB and a faculty affiliate of the American Bar Foundation (ABF). “There was one point that nearly everyone agreed on: that litigation is unfair.

“Beyond that, their experiences couldn’t have been more different. For plaintiffs, litigation is expensive and can bring real personal hardships. Many end up divorced, depressed, even bankrupt. Employers do not like litigation either, but they usually have the resources and expertise to keep these cases under control.”

The study, “Situated Justice: A Contextual Analysis of Fairness and Inequality in Employment Discrimination Litigation,” published in Law and Society Review, is based on a national random sample of employment civil rights cases and 100 interviews with plaintiffs, defendants, and lawyers who were involved in discrimination suits. Law and Society Review is considered the most-prestigious law and social science journal in the U.S…

“We have a fundamental problem with the legal system,” says Hoffman. “The primary way that the law deals with discrimination at work — litigation — is considered unfair by both parties, and winning in litigation requires considerable financial and legal resources.”

How legitimate is a process if both sides perceive it to be unfair? Of course, the rulings are enforceable so that helps make it legitimate…

I’ve wondered about this a few times recently: how often are court cases “won” or “lost” because of available financial resources? Certain parties would be able to withstand a long trial so does this suggest that the real “burden of proof” is sometimes less about evidence or a strong case and more about outlasting the other side? This also reminds me of something I read recently that suggested most criminal cases in the US tend to be plea bargained because the government(s) could not afford all of the full trials. I understand the interest in limiting “frivolous” lawsuits but at the same time, does the need to have some wealth to wage these lawsuits limit the ability of discriminated employees to win their case in court?

Hochschild highlights new individualized service jobs like “wantologist”

Sociologist Arlie Hochschild has written a new book, The Outsourced Self: Intimate Life in Market Times, that explores the rise of jobs to meet our individualized needs:

Don’t know what you want out of life? No problem. Hire a wantologist!

This new profession actually exists in 2012. Just fork over a little cash (a couple hundred an hour or so) and this individual will help you figure out your most important goals in life – and help you get closer to achieving them.

Sound like a bunch of hooey? Consider Esther James, a wantologist in San Jose, California. She has a PhD in psychology from NYU, practiced for twenty years as a Jungian psychologist, trained as an executive coach – earning $250 an hour – and has now transitioned into full-time life coaching in the wake of the economic downturn, as she explained to sociologist Arlie Russell Hochschild.

Hochschild, based at the University of California, Berkeley, profiles James and many other personal service providers in an enlightening new book, The Outsourced Self, which describes how the market has risen to meet the needs of increasingly harried and needy Americans…

Hochschild puts these out-of-the-blue service professions in the broader context of a society right now that “undermines community, disparages government, marginalizes nonprofits, and believes in the superiority of what’s for sale.” As she told The Fiscal Times in an interview, “The wantologist’s profession is fledgling at the moment, but it’s very real – it’s its own speciality. I’ve seen the ‘wantology workbooks.’ I’ve talked to the clients. Services like this are only going to proliferate. A lot of things that seemed weird yesterday aren’t weird today.”

The themes of this book sound similar to Hochschild’s previous books, The Managed Heart and The Second Shift, that also address the intersection of individuals and a changing social context. In this new book, it sounds like Hochschild is arguing that we lose something as a society when important individual tasks are outsourced to free up the time for us to do “better” things.

The interview with Hochschild is worth reading in full but there would seem to be another aspect to this shift that is not addressed. Wouldn’t these sorts of services primarily cater to those with the economic resources to pay for it? Hochschild mentions how dating websites could also fall into this category (and these are relatively accessible) but in order to hire a life coach or personal organizer or “wantologist,” you would have to have some extra money. Or, perhaps these services could be quickly becoming “necessary,” meaning that people have to cut back elsewhere in order to achieve certain priorities. For example, this might include a family that feels it is a necessity to hire a college application consultant for their high school student since college is such an important decision and predictor of chances later in life. If these services are becoming more normal, than it could be another marker between social classes: can you afford to outsource some of the mundane or necessary tasks of lives off to others? And who is expected to work in these service jobs? Perhaps this is simply a more palatable, market-based solution to the issue of the wealthy hiring servants in the past.

This also reminds me of two other things:

1. Could this be viewed as an example of extended cognition, the idea that we as humans are effective at utilizing other resources to tackle certain issues for us (even as basic as writing ideas down on paper so we don’t have to devote extra brain space to remembering these things) and freeing ourselves for other things?

2. A.J. Jacobs wrote about an experiment in personal outsourcing (with more detail in his book The Guinea Pig Diaries: My life as an Experiment).

Is there such a thing as “wealth addiction”?

Citing the writings of a PhD in sociology, a commentator suggests that we should pay attention to wealth addiction:

The Occupy Wall Street and the 99 Percent Movement named the core issue of our time: the overwhelming power of Wall Street and large corporations. Now it’s time we named the problem underlying this issue. It’s called addiction. I’ve been treating addicts for more than 40 years and when I hear the descriptions of those for whom millions and billions of dollars in wealth drives them to want more and more, I know we’re dealing with addiction.

Philip Slater has an A.B. and Ph.D. from Harvard and taught sociology at Harvard, Brandeis and UCSC. He is the author of numerous books including Wealth Addiction. He says:

“Those who devote their entire lives to amassing or retaining huge sums of money are neurotically addicted, trying to fill an inner void with money. And since such psychic voids cannot be filled with money — any more than with alcohol, tobacco, cocaine, food, or sex — even a billion dollars doesn’t satisfy them.”We say people who can’t stop drinking when they’ve had enough are alcoholics. We say people who can’t stop eating when they’ve had enough are food addicts. We say that people who can’t stop gambling when they know they should quit are gambling addicts. “But people with a billion dollars who can’t stop trying to make more,” Slater says, “we call successful.”

I imagine this could be a good conversation starter. But this would have to be part of a larger conversation taking place right now about some other kinds of addiction including sex addiction and Internet addiction. Some might ask whether saying billionaires are suffering addiction lets them “off the hook” for amassing so much wealth.

New Census data on income inequality by state, metro areas

Based on American Community Survey data from 2005 and 2009 and working on the assumption that “Spatial income inequality is neither intrinsically bad nor good,” the Census has a new report on income inequality. Here are some of the findings:

The report, by Daniel H. Weinberg, analyzed income data at various geographical levels and found that the region encompassing New York, northern New Jersey, Long Island and parts of Pennsylvania had the highest income inequality of any large metro area.

New York State also has the highest income inequality of all 50 states (although Washington, D.C., was worse).

Below is a map showing three measures of income inequality for each state: the Gini index (which ranges from 0.0, when all households have equal shares of income, to 1.0, when one household has all the income and the rest has none); a ratio of household income at the 90th percentile to that at the 10th percentile; and a ratio of household income at the 95th percentile to that at the 20th…

After New York, Connecticut, Louisiana, Mississippi and Texas have among the most unequal income distributions. At the low end are New Hampshire, Alaska and Utah, which is the most economically homogenous state in the nation.

The states that are above the US averages are an interesting group: Texas, New York, and California (tied to larger populations?) but also Louisiana, Mississippi, Alabama, Connecticut, Massachusetts, and Washington D.C. Table 8 and 9 of the report have correlations and regression coefficients to look at the relationship of inequality measures to demographic characteristics. (Intriguingly, the regression is a stepwise regression analysis.)

Of more local interest: Illinois is lower than the US averages on two of the three measures and Chicago has a very similar Gini Index to the US average. And of places with more than 100,000 people, Elgin, Illinois has the lowest Gini Index value.

Here is part of the conclusion of the report:

This paper has shown that low income inequality at the neighborhood level is most likely a result of income sorting. In other words, it may be that higher-income households, when they can, choose to live away from lower-income ones, sometimes forming “enclaves” with little income variation. Alternatively, it may be that developers concentrate higher-end houses in certain tracts and those can be afforded only by households of higher incomes.

This uses more neutral language of sorting but we could probably tie this to larger processes of residential segregation: those with money (with wealth related to race) have the opportunity to live in their own communities and leave everyone else behind.

It will be interesting to see how this report gets spun by Occupy Wall Street supporters and those opposed and in the ongoing presidential race.

John Malone: Largest US landowner with 2.2 million acres

I’ve never seen a list of the biggest landowners in the United States until now:

According to the newly released 2011 Land Report 100, which ranks the top land barons, John Malone is now America’s biggest individual landowner. The 70-year-old cable pioneer and chairman of Liberty Media now owns 2.2 million acres, after purchasing more than 1 million acres of timberland in Maine and New Hampshire earlier this year.

The purchase, which drew fire from plenty of environmentalists in New England, vaulted him past the longtime number one, Mr. Turner, who owns slightly more than 2 million acres. Mr. Malone and Mr. Turner are longtime friends and fellow cowboy-hat wearers from the cable world…

Mr. Malone told the Land Report that his love of land is due to his Irish genes. “A certain land hunger comes from being denied property ownership for so many generations.”…

Some might worry that Mr. Malone’s purchase may ease America back to its more feudal days when the rich owned most of the land. Environmentalists fret about an era of “Kingdom Buyers.” Others may see them as the most responsible long-term stewards. Either way, the wealthy are likely to continue looking at large tracts of land as the safest long-term, hard assets at a time of extreme market volatility and low borrowing costs.

Can there be a new cultural value of “land hoarding”?

According to the Land Report 100, it doesn’t sound like Malone wants to ruin the land:

Malone is an ardent conservationist, an ethic he shares with Turner. While the duo’s ends are the same, their means differ somewhat. “I tend to be more willing to admit that human beings aren’t going away,” Malone says. His 2011 Maine and New Hampshire purchase, which was brokered by LandVest’s Timberland Division, saw him acquire robust sustainable forestry operations from private equity firm GMO Renewable Resources. He intends to keep them in place. He applies this philosophy to his western properties, such as the Bell, where he raises cattle and horses. Ultimately, he plans to put all of his land in perpetual conservation easements.

Here is the top 20:

  1. John Malone
  2. Ted Turner
  3. Archie Aldis Emmerson
  4. Brad Kelley
  5. Irving Family
  6. Singleton Family
  7. King Ranch Heirs
  8. Pingree Heirs
  9. Reed Family
  10. Stan Kroenke
  11. Ford Family
  12. Lykes Bros. Heirs
  13. Briscoe Family
  14. W.T. Waggoner Estate
  15. Holland Ware
  16. D.M. O’Connor Heirs
  17. Drummond Family
  18. Phillip Anschutz
  19. J.R. Simplot Heirs
  20. Robert Earl Holding

In terms of land comparisons, these 2.2 million acres are significantly more than Rhode Island and more than Delaware.

If some of the American public has thoughts about people having too much money, are there similar thoughts about people having too much land? Obviously, it takes some money to have this much land: John Malone has a net worth of $4.5 billion and is #69 on the Forbes 400 list. How much is this land worth?

Americans don’t know about the level of wealth concentration in the United States

Sociologists have been talking about the growing levels of inequality in the United States for some time now. But a recent survey suggests that Americans are unaware just how much wealth is concentrated at the top (and there is a lot more information on the topic at this link):

A remarkable study (Norton & Ariely, 2010) reveals that Americans have no idea that the wealth distribution (defined for them in terms of “net worth”) is as concentrated as it is. When shown three pie charts representing possible wealth distributions, 90% or more of the 5,522 respondents — whatever their gender, age, income level, or party affiliation — thought that the American wealth distribution most resembled one in which the top 20% has about 60% of the wealth. In fact, of course, the top 20% control about 85% of the wealth (refer back to Table 1 and Figure 1 in this document for a more detailed breakdown of the numbers).

Even more striking, they did not come close on the amount of wealth held by the bottom 40% of the population. It’s a number I haven’t even mentioned so far, and it’s shocking: the lowest two quintiles hold just 0.3% of the wealth in the United States. Most people in the survey guessed the figure to be between 8% and 10%, and two dozen academic economists got it wrong too, by guessing about 2% — seven times too high. Those surveyed did have it about right for what the 20% in the middle have; it’s at the top and the bottom that they don’t have any idea of what’s going on.

Americans from all walks of life were also united in their vision of what the “ideal” wealth distribution would be, which may come as an even bigger surprise than their shared misinformation on the actual wealth distribution. They said that the ideal wealth distribution would be one in which the top 20% owned between 30 and 40 percent of the privately held wealth, which is a far cry from the 85 percent that the top 20% actually own. They also said that the bottom 40% — that’s 120 million Americans — should have between 25% and 30%, not the mere 8% to 10% they thought this group had, and far above the 0.3% they actually had. In fact, there’s no country in the world that has a wealth distribution close to what Americans think is ideal when it comes to fairness. So maybe Americans are much more egalitarian than most of them realize about each other, at least in principle and before the rat race begins.

So Americans have some ideas about what the wealth distribution should look like but not much of an idea of what it actually looks like. What exactly might they do if they knew the exact figures since it doesn’t seem to line up with what they think it should be?

Read about the possible effects of this heavy concentration of wealth, including helping to bring about our recent economic crisis, here.

The large homes of politicians

While this gallery of photos doesn’t offer “proof” that most or even many politicians have big homes (and it may just be a play to pull in Internet visitors and clicks), it is an interesting subject to think about:

1. What exactly is the causal relationship here? Did they have bigger than normal homes before they were politicians (meaning they were wealthy when running for office) or are the big homes in part because of their political office?

2. Are there large homes any different than other people within their income brackets?

3. How should the public think about this? Should there be outrage that public servants don’t live like public servants? Do we not usually care because it is their private home and many Americans would buy bigger homes if they had the opportunity? Occasionally, this becomes part of a campaign – John Edwards took some grief for this and his haircuts – and others like Al Gore can be mocked.

4. How much time can a politician even spend in these homes with duties and homes elsewhere?

5. Would a politician who lives in a McMansion (and the implications regarding bad taste, etc.) be considered worse off than one who lives in a mansion?

Largest wealth gap in the United States

The gap in wealth between whites and blacks in the United States has been well documented. New figures suggest that the gap is now wider between whites and both blacks and Latinos:

The wealth gaps between whites and minorities have grown to their widest levels since the U.S. government began tabulating them a quarter-century ago. The recession and uneven recovery have erased decades of minority gains, leaving whites on average with 20 times the net worth of blacks and 18 times that of Hispanics, according to an analysis of new Census data…

“I am afraid that this pushes us back to what the Kerner Commission characterized as `two societies, separate and unequal,'” said Roderick Harrison, a former chief of racial statistics at the Census Bureau, referring to the 1960s presidential commission that examined U.S. race relations. “The great difference is that the second society has now become both black and Hispanic.”

The median wealth of white U.S. households in 2009 was $113,149, compared to $6,325 for Hispanics and $5,677 for blacks, according to the analysis released Tuesday by the Pew Research Center. Those ratios, roughly 20 to 1 for blacks and 18 to 1 for Hispanics, far exceed the low mark of 7 to 1 for both groups reached in 1995, when the nation’s economic expansion lifted many low-income groups to the middle class…

Across all race and ethnic groups, the wealth gap between rich and poor widened. The share of wealth held by the top 10 percent of U.S. households increased from 49 percent in 2005 to 56 percent in 2009. The threshold for entry into the wealthiest top 10 percent, however, dipped lower: from $646,327 in 2005 to $598,435.

The American ideal, at least in theory, is that everyone has the chance to become at least middle-class through hard work and over the generations (though this new study in American Sociological Review suggests illegal immigrants may not experience this). This data suggests that this idea might have seemed more true in the boom periods of the 1990s and 2000s when a growing economy helped lift everyone’s boat. But, when an economic crisis hit, the numbers suggest all (or most) took a hit but some were hit more than others. All together, these boom periods helped obscure the inequalities in wealth that existed and were growing even though the big figures in the economy looked good.

I would think this should be of concern to all political parties.

The effect of the economic crisis on the black middle class

There has a lot of research in recent decades about the black middle class. Some new numbers suggest the black middle class has been hit harder by the economic crisis than the white middle class:

In 2004, the median net worth of white households was $134,280, compared with $13,450 for black households, according to an analysis of Federal Reserve data by the Economic Policy Institute. By 2009, the median net worth for white households had fallen 24 percent to $97,860; the median net worth for black households had fallen 83 percent to $2,170, according to the institute.

Austin described the wealth gap this way: “In 2009, for every dollar of wealth the average white household had, black households only had two cents.”

Austin thinks more black people than ever before could fall out of the middle class because the unemployment rate for college-educated blacks recently peaked and blacks are overrepresented in state and local government jobs. Those are jobs that are being eliminated because of massive budget shortfalls.

Since the end of the recession, which lasted from 2007 to 2009, the overall unemployment rate has fallen from 9.4 to 9.1 percent, while the black unemployment rate has risen from 14.7 to 16.2 percent, according to the Department of Labor. Last April, black male unemployment hit the highest rate since the government began keeping track in 1972. Only 56.9 percent of black men over 20 were working, compared with 68.1 percent of white men.

Even though more blacks may have joined the middle class in recent decades, this data suggests they are more vulnerable than their white counterparts. And, of course, this is all related to the still present large gap in wealth.

It would be interesting to see data on how the economic crisis has affected other minority groups.

The value of inheritances

Megan McArdle talks through issues of inheritance in the United States:

I don’t see by what right people should be allowed to order living people how to dispose of their stuff after they’re beyond caring.  I think people should be allowed to make generous gifts while they’re still alive, without gift tax. (Though I think the recipients of those gifts should have to pay income tax on it; I don’t understand why we’d want to tax income people get by working, but not income people get by being born.  Being born is about the most tax-inelastic thing you can think of.)  But once people are dead, then I can make a pretty compelling case that in a modern economy where extended families are not a major economic unit, there’s little justice case for inheritance…

Inheritance not only hands people valuable income in return for something we don’t really want to further reward–being born lucky–but also, in doing so, it entrenches the least attractive feature of our economy: the fact that people who are born to affluent parents are much more likely to themselves be affluent than children born to the less well-heeled.  Lack of economic mobility is generally regarded as a bad thing that we should combat.
Yet so many of our institutions, from the geographic organization of our schools, to the financial distribution of our inheritances, reinforce it.  Some of those things are not going away (we should not, and will not, order affluent people to move into poor school districts, or shut down research universities for conferring unfair advantages on the mostly affluent students who have the ability to gain admission).  But what are the social benefits that inheritance conveys to offset its drawbacks?  I think they have to be pretty large to justify letting dead people order us to perpetuate the economic status quo.

So I can make a moral case for a 100% estate tax.

McArdle then goes on to talk through specific situations where inheritances might make sense and suggests in the end that she is wary of putting this into practice because it is unclear how it would turn out.

I think her earlier points are of more interest as Americans talk about meritocracy but inheritances seem to go against this ideal. From the beginning, Americans have had the populist idea that class doesn’t matter in the same way that it did in England. We argue that there should be mobility between classes (presumably this also means people can go down), not more rigid classes where money is passed down for decades. But we have a less flexible system than we imagine – some people can move up but the numbers are relatively low. This is exacerbated when we look at disparities in wealth between different groups: wealth is not then just about passing along hard-earned benefits to future generations but rather about reinforcing the large existing wealth inequalities that hamper American society.

I would be interested in seeing more data regarding what Americans mean when they say they want their children to have a better life: does this come from actions during their lifetime, like by promoting education or particular values like hard work, or from an inheritance that is passed along in a will?