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Statistical Analysis to Identify Intentional Employment Discrimination

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National & State Reports

2009 Paper for the ILO conference on Regulating for Decent Work

Al and Ruth Blumrosen, professors at Rutgers University Law School - Newark, found that in 1999:
Two million minorities and women were affected by intentional job discrimination, mainly by hard core discriminators.
Approximately 75% of large establishments did not appear to discriminate in the statistics.
Eight million minorities and women were better off than under the occupational distribution of 1975.
These were some of the results of applying Supreme Court definitions for Intentional Job Discrimination to EEO1 data, using the methodology found in the National & State Reports of comparing each job site with similar establishments in the same industry and MSA.

BIOGRAPHIES

Prof. Alfred W. Blumrosen

Alfred W. Blumrosen
ALFRED W. BLUMROSEN is the Thomas A. Cowan Professor of Law Emeritus, Rutgers, the State University of New Jersey, specializing in Labor and Employment law. He received his BA and JD degrees from the University of Michigan, and has taught at Rutgers Law School since 1955. He served as Acting Dean at the Law School, 1974-75. He was a labor arbitrator primarily in New Jersey from 1957-1965. As consultant to the New Jersey Civil Rights Commission in 1963-64, he reported on enforcement of the New Jersey Civil Rights Law, "Anti-Discrimination Laws in Action in New Jersey: A Law-Sociology Study." 19 Rutgers Law Review 187 (1965). He assisted in organizing the US Equal Employment Opportunity Commission in 1965 and served as its first Chief of Conciliations and Director of Federal State Relations, 1965-67. He was a Special Attorney in the Civil Rights Division, U.S. Department of Justice, 1968; Consultant to Assistant Secretary of Labor for Employment Standards Arthur Fletcher (OFCCP) 1969-71, where he advised OFCCP on regulations and procedures including OFCCP-Order No.4 and National Program concerning the Construction Trades; Acting Director, Michigan Civil Rights Commission, 1972, organizer of programs on the 10th and 20th anniversaries of the Civil Rights Act, 1975 and 1984; consultant to EEOC Chair Eleanor Holmes Norton, 1977-79 concerning Guidelines on Employee Selection Procedures, Affirmative Action Guidelines, as well as agency procedures and organization. In 1995, he advised the U.S. Department of Labor concerning the "affirmative action-reverse discrimination controversy, and in 1996 and 97, reviewed programs of the EEOC for the Citizens Commission on Civil Rights.

He was Of Counsel to Kaye, Scholer, Fierman, Hays & Handler, (New York, NY) 1979-1982 advising employers on equal opportunity matters. He was Counsel to NAACP in Wards Cove Packing Co. v. Atonio, 109 S.Ct. 2115 (1989) [concerning the interpretation of Title VII of the Civil Rights Act] and in NAACP v. Meese, 615 F. Supp. 200 (D.D.C) 1985) [seeking injunction against recission of consent decrees involving affirmative action]. He was Of Counsel to mainly white female employees challenging a discriminatory layoff in Chrapliwy v. Uniroyal, 670 F.2d 760 (7th Cir. 1982) cert. denied, 103 S. Ct.2428 (1983), and counsel to the mainly white male employees, seeking equal pay in Klask v. Northwest Airlines, 57 FEP Cases 1147, 1152 (D. Minn. 1989, 91).

He has written MODERN LAW: THE LAW TRANSMISSION SYSTEM AND EQUAL EMPLOYMENT OPPORTUNITY, (1993, University of Wisconsin Press); BLACK EMPLOYMENT AND THE LAW (1971, Rutgers University Press), and numerous law review articles, including "Strangers in Paradise: Griggs v. Duke Power Co. and the Concept of Employment Discrimination." 71 Michigan Law Review 59 (1972) which has been cited by the U. S. Supreme Court in two decisions. His essay “Six Conditions for Meaningful Self Regulation” was awarded the Ross Prize by the American Bar Association in 1983. In 1993, he was a Fulbright Scholar in South Africa, where he examined whether U.S. equal employment experience would be useful in the post-apartheid period, and drafted a statute based on U.S. experience. In 1995, he was a resident scholar at the Rockefeller Institute Conference and Study center in Bellagio, Italy. In 1998 he received a grant from the Ford Foundation to investigate the extent of intentional employment discrimination. With his late wife Ruth, he published THE REALITIES OF INTENTIONAL JOB DISCRIMINATION IN METROPOLITAN AMERICA--1999 in 2002. It is available on the web at EEO1.com. Continuing his interest in statistical analysis to establish job discrimination, with his son Alex, he presented a paper to a meeting of the International Labor Organization in July, 2009, in Geneva, entitled USING STATISTICS TO MEASURE DIVERSITY COMPLIANCE BY ESTABLISHING DEVIATIONS FROM LABOR MARKET PRACTICES - A MODEL FOR EFFECTIVE AND ECONOMIC REGULATION IN THE GLOBAL COMPUTER AGE.

In 2005, he and his late wife Ruth published SLAVE NATION: HOW SLAVERY UNITED THE COLONIES AND SPARKED THE AMERICAN REVOLUTION, Sourcebooks, With his son Steven, he is currently working on a manuscript concerning the distribution of war powers under the United States Constitution.

 

 

Prof. Ruth G. Blumrosen

Ruth G. Blumrosen
RUTH GERBER BLUMROSEN is adjunct Professor of Law at Rutgers Law School, Newark New Jersey, and former associate Professor at Rutgers Graduate School of Management. She received her BA and Law degrees from the University of Michigan. She assisted in the establishment of the U.S. Equal Employment Opportunity Commission in 1965, where she was acting director of compliance. She was consultant to EEOC Chair Eleanor Holmes Norton in 1979-80, concerning guidelines under the Equal Pay Act and wage discrimination issues, U.S. EEOC, Hearings on Job Segregation and Wage Discrimination. She participated in development of EEOC policy statement on impact of layoffs on minorities and women. She was consultant on Equal Employment Opportunity, U.S. Department of Health and Human Services, 1980-81; Advisor, New Jersey Commission on Sex Discrimination in the Statutes, prepared analysis of state pay practices which was basis for action by Governor's Task Force on Equitable Compensation, 1974-77, a member and Hearing Officer, New Jersey Governor's Committee on minority and female opportunities in state contracting, 1991-93. In 1993, she was a Fulbright Scholar in South Africa, examining whether U.S. equal employment experience would be useful in the post-apartheid period. In 1995, she was a resident scholar at the Rockefeller Institute Conference and Study center in Bellagio, Italy. She has published in the field of wage discrimination including Wage Discrimination, Job Segregation and Title VII of the Civil Rights Act of 1964, 12 University of Michigan Journal of Law Reform 397 (1979), cited by U.S. Supreme Court in County of Washington v. Gunther, 452 U.S. 161 (1981); Wage Discrimination, Job Segregation: The Survival of a Theory, 14 Univ. of Michigan Journal of Law Reform 1 (1981); Wage Discrimination Revisited, 8 Women's Rights Law Reporter 109 (1984); Remedies for Wage Discrimination, 20 Univ. of Mich. Journal of Law Reform, 99, (1986). She has also written on the concept of work sharing as alternative to layoffs, and the use of unemployment compensation to facilitate part time employment. She is co-author of Downsizing and Employee Rights, 50 Rutgers Law Review 943 (1998). She has litigated under New Jersey Anti-Discrimination laws in the case which established the federal constitutionality of state fair housing laws (Levitt v. New Jersey, 31 N.J. 514, 363 U.S. 418 (1960), and has represented male flight attendants denied their rights under the Equal Pay act in Klask v. Northwest Airlines, 57 FEP Cases 1147, 1152 (D. Minn. 1989, 91).

 

 

 

National & State Reports
Blumrosen Publications

 
Sample EEO-1 Form (For an actual form, please contact the EEOC.)
 


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