Does China’s Fertility Policy Induce Employment Discrimination Against Women? Evidence from a Nationwide Correspondence Experiment

We apply a two-wave nationwide correspondence experiment to assess the effects of the two-child and three-child policies in China. Using 13,751 observations collected through this experiment, we find that the announcement of the two-child policy led to a 4.9% decrease in total interview callbacks overall, and decreases of 4.3%, 5.7%, and 5.6% for single women, those married with no children, and those married with one child, respectively. The implementation of the three-child policy led to a 10.4% decrease, but only for married women with two children. The discrimination broadly affected all women, whether they disclose marriage and fertility status information or not, as we find their callback rates decreased by 4.5% under the universal two-child policy and 6.6% after the three-child policy.

Moderating Diversity, Collective Commitment, and Discrimination: The Role of Ethical Leaders in the Public Sector

Despite public administration’s growing interest in personnel diversity and ethical leadership, little is known about the effectiveness of ethical leadership in managing diverse public workforces. Can ethical leadership moderate the relationships between demographic diversity and key organizational outcomes? To answer, we synthesize four theories about demographic diversity, ethical leadership, and inclusion: social categorization theory, social exchange theory, social learning theory, and optimal distinctiveness theory. These theories illuminate the interrelationships between diversity, ethical leadership, and two types of collective organizational outcomes: affective commitment climate and race-based employment discrimination. Using panel data from the US federal government, feasible generalized least squares models indicate that racial diversity is negatively related to affective commitment climate and positively related to race-based employment discrimination. The results also show that ethical leadership beneficially moderates the associations of racial diversity with the two organizational outcomes. These findings suggest that ethical leadership aids public managers and personnel in racially diverse public agencies.

If You Build It, “They/Them” Will Come: The Misgendering of Transgender Nonbinary Athletes Is Discrimination on the Basis of Sex

This article provides necessary context to adequately engage in a discussion about transgender and nonbinary individuals, including defined terms. It then provides a brief history of Title IX, articulates the requirements for compliance with the statute, and discusses its application to transgender athletes. Next, this article provides an overview of Title VII of The Civil Rights Act of 1964 and the recent statutory analysis of its prohibition on employment discrimination because of sex in Bostock v. Clayton County extends that analysis to the statutory language of Title IX, and summarizes the recent interpretation by the Department of Education applying that analysis to Title IX. The article then discusses the implications of the persistent misgendering of transgender nonbinary athletes and argues that only by allowing all athletes to compete as their true gender will the inclusive goals of Title IX be realized. The article concludes that the requirements for Title IX compliance are not inclusive of transgender nonbinary athletes and contradictory to the prohibition on discrimination on the basis of sex articulated by the statute itself. The article proposes several necessary changes to the language of those requirements for compliance and argues that the Department of Education must make changes in its interpretation toward more inclusive language to truly achieve the goals of Title IX.

Working 9 to Non-Stop: The Fair Housing Act's Sexual Harassment Protections for Domestic, Agricultural, and Other Live-In Workers

Live-in workers, for whom their bosses are typically also their landlords, are often trapped in sexually harassing situations that feel as though they have no practical or legal redress, especially when the worker’s harasser can both fire and evict them in one fell swoop. This Note explores the novel possibility of using fair housing law, including the Fair Housing Act (“FHA”) and state/local fair housing statutes, as a tool to provide legal protections to workers with employer-provided housing (“live-in workers”) who experience sexual harassment or violence in the workplace. There is currently very little case law in which live-in workers have brought fair housing and employment discrimination claims simultaneously, and functionally no case law in which attorneys have brought both claims for live-in worker sexual harassment cases. This Note argues that, under existing fair housing law, many live-in workers should be eligible to bring claims under the FHA and equivalent state laws that prohibit discrimination in housing. As a result, the FHA and equivalent state claims can provide sexual harassment and assault protections for workers, including domestic workers and farmworkers, who may not receive protections under federal or state employment discrimination law. Furthermore, this Note argues that the FHA can provide supplemental or stronger protections from sexual harassment for live-in workers than traditional Title VII or employment discrimination claims. It accordingly suggests that plaintiffs facing harassment or sexual assault in live-in industries should pursue fair housing claims in addition to or in place of Title VII and employment discrimination claims, in order to achieve maximum protection and relief.

On the Importance of the Americans With Disabilities Act at 30

This article offers a glimpse of the Americans with Disabilities Act (“ADA”) of 1990, as amended by the ADA Amendments Act of 2008 (“ADAAA”), at its 30th anniversary. It considers current issues before the courts, primarily legal cases from 2020 and 2021, and new questions in light of the COVID-19 pandemic, such the latitude of the ADA’s antidiscrimination protections and its definition of disability. It provides a quick primer on the basics of the ADA: employment discrimination under Title I, antidiscrimination mandates for state and local governments under Title II, and commands to places of accommodation offering services to the public under Title III. The ADA at 30 remains a beacon for a future in which all people, regardless of individual difference, will be welcomed as full and equal members of society.