Posts Tagged ‘law and society

a warm welcome to guest blogger Ellen Berrey

Please join us in welcoming sociologist Ellen Berrey, who will be guest blogging about her hot-off-the-press book The Enigma of Diversity: The Language of Diversity and the Limits of Racial Justice  (2015, University of Chicago Press).

Here’s the blurb for the book:

Diversity these days is a hallowed American value, widely shared and honored. That’s a remarkable change from the Civil Rights era—but does this public commitment to diversity constitute a civil rights victory? What does diversity mean in contemporary America, and what are the effects of efforts to support it? 

Ellen Berrey digs deep into those questions in The Enigma of Diversity: The Language of Race and the Limits of Racial Justice (University of Chicago Press, May 2015). Drawing on six years of fieldwork and historical sources dating back to the 1950s, and making extensive use of three case studies from widely varying arenas—affirmative action in the University of Michigan’s admissions program, housing redevelopment in Chicago’s Rogers Park neighborhood, and the workings of the human resources department at a Fortune 500 company—Berrey explores the complicated, contradictory, and even troubling meanings and uses of diversity as it is invoked by different groups for different, often symbolic ends. In each case, diversity affirms inclusiveness, especially in the most coveted jobs and colleges, yet it resists fundamental change in the practices and cultures that are the foundation of social inequality. Berrey shows how this has led racial progress itself to be reimagined, transformed from a legal fight for fundamental rights to a celebration of the competitive advantages afforded by cultural differences.

Powerfully argued and surprising in its conclusions, The Enigma of Diversity reveals the true cost of the public embrace of diversity: the taming of demands for racial justice.

Berrey’s other publications on this and related topics are available here.

Written by katherinechen

May 10, 2015 at 10:40 am

new book on work and family: Unfinished Business: Paid Family Leave in California and the Future of U.S. Work-Family Policy

When I visiting another university to give a talk a few years back, I met two faculty members for lunch.  One was wincing visibly in pain.  When I asked what was wrong, my colleague explained that he was suffering a migraine but that he would still teach class.  When I suggested cancelling class that day to recuperate, he felt he couldn’t.  He explained that he needed to save his vacation days for helping his ailing father, who was aging in place in another state.  Moments like these made me realize that for workers of all ages, attending to family matters is not easy or well-supported in the US.

Such policy issues are addressed in a new book by sociologist Ruth Milkman and economist Eileen Appelbaum: Unfinished Business: Paid Family Leave in California and the Future of U.S. Work-Family Policy (2013, ILR/Cornell University Press).

Here is a description of Unfinished Business: Paid Family Leave in California and the Future of U.S. Work-Family Policy provided by the authors:

This book documents the history of California’s decade-old paid family leave program, the first of its kind in the United States, which offers wage replacement for up to six weeks for all private-sector workers when they need time off from their jobs to bond with a new child or to care for a seriously ill family member. Based on original fieldwork and surveys of employers, workers, and the larger California adult population, it analyzes the impact of paid family leave on employers and workers in the state, and explores the implications for crafting future work-family policy for the nation.

The book makes three key arguments. The first concerns the politics of paid leave. In contrast to most government-sponsored social programs, which are under attack and often have little popular support, paid family leave (and indeed work-family policy more generally) is a crossover issue politically. Conservatives see it as an expression of “family values,” whereas for progressives it is a much-needed element of the safety net for working families. As a result it has strong support across the political spectrum. Business routinely opposes any and all legislative initiatives in this area, which is a major obstacle to passing laws like the one that created the California program. But because the population generally is so highly supportive of paid leave, that opposition can be overcome by means of coalition organizing, as the passage of California’s landmark 2002 law – documented here in detail – illustrates.

The second argument is that contrary to the claims of the Chamber of Commerce and other business lobbyists, paid family leave and other programs like it do not impose any major burdens on employers. This book presents survey data that show that in California, employers themselves concluded that the impact of the new state program on their productivity, profitability and performance was minimal and often positive. In addition, paid leave often reduced turnover and improved workers morale, at little or no cost to employers. The tax supporting the program is paid for entirely by workers, and many employers enjoyed cost savings as a result of the program’s creation, because they could coordinate their own wage replacement benefits with now offered by the state.

The third argument is more disturbing. This book shows that although workers who use California’s paid leave program and their family members have benefitted greatly, and although the program is well-managed and easy to access, awareness of its existence remains low. Moreover, those who are in most need of the program’s benefits – low wage workers, young workers, immigrants and disadvantaged minorities – all of whom have little or no access to employer-provided wage replacement benefits when they need to take time off to care for a new baby or a seriously ill relative – are least likely to know about it. As a result, the program’s potential to act as a social leveler, making paid leave available not only to managers and professionals, who are much more likely than lower-level workers to have access to paid time off in any form, but to all private-sector workers, has not yet been achieved. Instead the longstanding pattern of inequality in access to paid leave has remained largely intact. And even workers who are aware of the new state program are often reluctant to take advantage of it because they fear repercussions on the job.

Here’s the front and back of the book cover:

Milkman-Pprbk, Proof#1 copy

Check out the book – the 2014 ESS annual meeting in Baltimore will feature this book (and others) as an author-meets-critics session.

Written by katherinechen

October 11, 2013 at 7:39 pm

What is at stake for Sociology in Walmart?

Much has been discussed about the Walmart case and ASA Amicus Brief in the postings and comments on the orgtheory [with subsequent posts 1, 2] and scatterplot blogs. Little, however, has been said about the literature review in the ASA Amicus Brief, though it spans a little more than half the main body of the Brief. Some have even suggested that the only thing the Brief does is take the position that the methods that Bill uses are those of science and sociology in particular. Clearly it does much more. [In providing the analysis below, I want to be quite clear that I am not making any claims about what people’s motives were in writing and submitting the ASA Brief.  Laura Beth has been quite clear about hers and I believe her.]

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Written by Chris Winship

May 28, 2011 at 11:07 pm

Goals and a Few Answers

I spent last night reading through all the comments on orgtheory and scatterplot. My key goal in writing my initial post was to get a discussion going about the role of sociology in the courts and the particular problems involved. I guess I succeeded! My interest in the Walmart case was only secondary and I discussed it, the ASA Amicus Brief, and Bill’s expert report because it was current, was potentially important, and exemplified many of the issues that I thought needed to be discussed. I did not write it to attack the ASA as Sally Hillsman has accused me of in an email to the Council. Truthfully, I do not know enough about what was done to know whether I would believe it to be unproblematic or not. If the Council, the ASA members’ elected representatives, had the time to seriously consider the matter, read the materials involved, appreciated the issues, and voted to submit an Amicus Brief to the Supreme Court, then I think I and others should not complain. Of course the Mitchell et al. paper does attack the ASA brief, but on scientific, not procedural grounds. [I should also note that Sally’s claim that I offered Laura Beth the opportunity to publish her reply to Mitchell et al. in SMR and withdrew that offer is factually incorrect. I withdrew the offer for her to write a quite different paper, for quite defensible reasons. All that said, what will go in the SMR special issue is still evolving.]

In reading through all the comments last night I was amazed by the number times various people said I said particular things (using their words, not mine), and claimed that I thought various things (with no access that I am aware of to my mind). Amy’s post is perhaps the extreme example of this. In an actual court proceeding this may be appropriate. I don’t think it is appropriate for blogging, assuming the goal should be to try to understand each others’ thinking–why they believe what they think is reasonable–and that by hearing what each other thinks, we might improve and deepen our own thinking. Let’s not put words in people’s mouths or thoughts in their heads. If a position someone has taken is important for a point you want to make then quote the person. If you believe someone thinks a particular thing and that is why they are taking the position they do, then ask them whether that is what they think. More generally, as Laura Beth has asked, let’s keep it as diplomatic as possible. In doing so, this will vastly increase the likelihood of having a constructive dialogue.

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Written by Chris Winship

May 25, 2011 at 12:55 am

Walmart and the ASA (a guest post by Chris Winship)

Note: Chris is a professor of sociology at Harvard University and the Harvard Kennedy School of Government and, since 1995, he has edited Sociological Methods and Research, which is a peer-reviewed scholarly methodology journal. SMR content is also available on the SMRblog.

The current employment discrimination case against Walmart raises the important question of whether social science, and sociology in particular, can effectively participate in court cases and at the same time maintain its scientific integrity. If the answer is yes, there is then the further question of what criteria need to be met for scientific integrity to be maintained. These are important questions requiring discussion, even debate. But first some history.

By early fall, if not sooner, the Supreme Court will make a key decision in the largest employment discrimination suit in history: Dukes v. WalmartOral arguments in the case were heard on March 29. The suit itself, involving a class of as many as 1.5 million women, alleges that Walmart has systematically discriminated against women in its salary and promotion decisions. Potentially, billions of dollars in damages are at stake. The question before the Court, however, is not whether Walmart in fact discriminated against its employees but rather whether such a large case, involving women working in varied circumstances in thousands of different stores and involving different supervisors can be thought to constitute a single class and thus whether the class should be certified.

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Written by Chris Winship

May 18, 2011 at 12:10 am