Judging Workplace Racial Harassment Cases

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The Washington University Law Review recently published an article on the results of an empirical study suggesting the race or ethnicity of a judge significantly affects the outcome of workplace racial harassment cases. See Chew & Kelley, Myth of the Color-Blind Judge: An Empirical Analysis of Racial Harassment Cases, 86 Wash. U. L. Rev. 1117 (2009). The study analyzed over 400 federal workplace racial harassment cases between 1981 and 2003. The authors, Professors Pat K. Chew and Robert E. Kelley, concluded: “[w]hile plaintiffs [in workplace harassment cases] have a poor win rate in general, they are much more likely to win if their cases come before African American rather than White judges. Plaintiffs are successful in 46% of their cases before African American judges but less than half as often before White judges; logistic regression indicated than on average, plaintiffs before African American judges are 3.3 times more likely to win than before White judges.” Id. at 1156.