Litigation

Studies: Race, Gender Influence Judges? Rulings

By Peter Hardin

There’s evidence that a judge’s race or gender is a significant factor in the outcome of the cases he or she considers, according to two studies discussed before a panel of the midyear American Bar Association meeting in Florida.

One study involved racial harassment cases, and the other involved allegations of sexual harassment or sex discrimination in violation of Title VII of the Civil Rights Act of 1964, according to an article in ABA Journal.

If the judge was African-American, according to the first study, plaintiffs ended up losing 54 percent of the time, compared to losing 81 percent of the time before a Hispanic judge, 79 percent before a white judge and 67 percent before an Asian-American judge.

In the second study,which involved federal appellate cases, plaintiffs “were at least twice as likely to win if a female judge was on the appellate panel,” the ABA Journal reported.

“It?s always made a difference who the judge was. We?ve long known, for instance, that a judge?s political affiliation makes a difference,” said Professor Pat K. Chew of the University of Pittsburgh School of Law, a co-author of the racial harassment study. To learn more about the importance of diversity on the bench, check out Justice at Stake’s issues page.

The ABA panel program was entitled, ?Diversity on the Bench: Is the ?Wise Latina? a Myth?? The title was taken from a comment made years ago, long before her nomination to the U.S. Supreme Court, by Justice Sonia Sotomayor.

Full post as published by The Gavel on February 12, 2010 (boomark / email).