Two studies, brought to our attention by the American Bar Association confirm our suspicions:
Race & Gender of Judges Make Enormous Differences in Rulings, Studies Find
By Edward A. Adams
Feb 6, 2010, 06:20 pm CSTA judge’s race or gender makes for a dramatic difference in the outcome of cases they hear—at least for cases in which race and gender allegedly play a role in the conduct of the parties, according to two recent studies.
The results were the focus of a program about “Diversity on the Bench: Is the ‘Wise Latina’ a Myth?,” sponsored by the ABA Judicial Division at the ABA Midyear Meeting in Orlando on Saturday afternoon.
In federal racial harassment cases, one study (PDF) found that plaintiffs lost just 54 percent of the time when the judge handling the case was an African-American. Yet plaintiffs lost 81 percent of the time when the judge was Hispanic, 79 percent when the judge was white, and 67 percent of the time when the judge was Asian American.
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A second study (PDF), looked at 556 federal appellate cases involving allegations of sexual harassment or sex discrimination in violation of Title VII of the Civil Rights Act of 1964. The finding: plaintiffs were at least twice as likely to win if a female judge was on the appellate panel.
But not to worry:
University of Pittsburgh School of Law Professor Pat K. Chew, who co-authored the racial harassment study, said she found “the rule of law is intact” in the cases she reviewed.
