January 03, 2003

silhouette3.JPG From the desk of Jane Galt:

Racism or Racialism?

Eve Tushnet has a long, thoughtful series on race and lingering racism. In one part, she discusses the disturbing study that showed that applicants with black names were disproportionately not called back for interviews. Are there alternate explanations to racism?

Well, possibly. One of those explanations might lie with EOE lawsuits, although not quite the way that one would think. It's usually alleged that employers are afraid that new minority employees might sue for discrimination. But even if they weren't afraid of this, employers might discriminate against "black" names in choosing resumes, because of the incentive system of current discrimination legislation.

It is well known that well intentioned punitive measures can have side effects that oppose the goals they aim to achieve. When draconian penalties are set for crimes like cheating, teachers are reluctant to turn offenders in; when we enact "3 strikes" laws, we give criminals incentives to kill their victims to keep from being identified. The structure of anti-discrimination legislation suggests that this could be another one of those situations. When an employer is sued for hiring bias, the standard procedure is to look at the pool of applicants for positions and see whether the percentage of blacks hired is identical to the percentage of blacks in the applicant pool.

But it is not necessarily the case that employers that hire a smaller percentage of blacks than the percentage in the pool is a racist employer discriminating against blacks. It is a common fallacy among the inummerate to believe that small populations mirror the distribution of larger populations. For example, say there are 1 cancers for every thousand people. It does not follow that my building, which has about a thousand people in it, will have one and only one cancer. The belief that it should follow is what drove the Long Island Cancer Cluster scare; if there were three cases of a rare brain cancer in one town, it couldn't be a fluke -- it had to be Evil Chemical Companies, or Greedy Power Barons, or what have you. But you are surrounded by clusters -- people named Fred, folks who enjoy obscure bluegrass musicians, people with the same birthday. There's nothing nefarious in this; just ordinary statistical dynamics. Notice that people living near power lines did not look for abnormally low incidence of certain diseases, which they could undoubtedly have found just as easily.

But I digress. The point is that the laws of statistics and probability tell us that even in a marketplace pristinely free of racism, some employers will end up hiring more blacks than they would on strict percentages of the applicant pool, while some will end up hiring fewer. Yet the lawyers will not seek out the companies with more minorities to determine what the distribution looks like; rather, they will descend on those who happen to be on the tail end of the distribution, and seek to punish them. The worse the punishment for doing so -- and some of the verdicts have been quite large -- the more incentive even a non-racist employer has to cleanse the applicant pool of minorities before he can be held legally accountable for a failure to hire them. If the percentage of blacks in the applicant pool is low enough, variance even at the tail end of the distribution will be statistical noise for all but the very largest companies. Since resumes do not contain information about race -- but do contain markers for race -- it is easily conceivable that an employer might use those markers to winnow down the percentage of blacks in the pool to a more manageable level.

That is not, of course, to suggest that racism is not the cause -- only that it might not be. Further testing would be required.

One should also note that the study displayed a very wide variance between even very "black" names, with some names getting called back almost as much as "white" names, and other names doing very poorly. This suggests, at minimum, that further studies are necessary to replicate the results, since there's no reason I can think of to believe that "Latoya" is somehow less identifiably black than "Aisha".

Tushnet also asks of the "strong" theory of unintended results (that employers are afraid to hire blacks because they are afraid that they will sue), why this is any more logical than employers being afraid to hire whites because they're afraid they'll racially discriminate? Well, couple of reasons: first of all, racial discrimination isn't limited to whites, as anyone who's worked with a workforce where minority group has traditionally controlled certain positions can tell you. (The nastiest comments I've ever heard about blacks came from the Puerto Rican mail room at one of my jobs, who felt threatened by the blacks over in Repro.) And second of all, assuming that there is any chance at all of frivolous lawsuits, the decision will be biased towards getting rid of blacks. Assume that whites have a propensity of 1 in 5 to discriminate, and blacks have a propensity of 1 in 1000 to unsubstantiated discrimination lawsuits. (THIS IS JUST A MATHEMATICAL CONSTRUCT NOT A COMMENT ON ANYTHING IN THE REAL WORLD NOR ARE THESE NUMBERS MEANT TO BE REPRESENTATIVE). Unless it were possible to staff your entire organization with blacks at no loss of productivity, you would be biased towards hiring whites, since getting rid of the blacks gets rid of both problems, while getting rid of the whites does not rid you of frivolous lawsuits.

Overall, I'd say that while there might be lingering racism in hiring, I haven't seen it. And I'd like some further studies before I'm ready to throw the American Experiment out the window -- especially when the problem might not be racism, but the unintended consequences of laws intended to address it.

Posted by Jane Galt at January 3, 2003 02:35 PM | TrackBack | Technorati inbound links
Comments

I think that there may be a reflex against some names that sound "unfamiliar" to the one making the hiring choices.

Many of the current "black" names could possibly provoke undesired subliminal resistance...but I believe that this is true for any strange name regardless of racial origin.

I have a cousin named Zenobia. Now that's a pretty unusual name. People always (ALWAYS) stop and do a double take when they hear it. Is it possible that it might negatively affect a personell manager's decision? What about the name Latishiqua? How about Ferdinand or Ebenezer?

When a white applicant doesn't get a job through no fault of anyone's discrimination (he simply wasn't the one out of two hundred and twelve applicants) he usually doesn't think "I bet it was because I'm white". But the black applicant has heard all his life that The Man is out to get him so it's natural that a lingering suspicion remains.

Posted by: Mumblix Grumph on January 3, 2003 03:56 PM

As I pointed out over at Armed Liberal's blog a while back, the "black vs. white names" study is incredibly flawed (if not fatally). The entire study hinges on the names, yet the names were selected (seemingly) basically at random. Considering that it's possible to get different results by choosing different subsets of the names, I think that's a very important point. Without doing studies on the names themselves (e.g. the perceived "blackness / whiteness" of each of the names) and better techniques in trying to measure "blackness / whiteness" of applicant names vs. callback rates the study is essentially worthless.

Posted by: Robin Goodfellow on January 3, 2003 04:16 PM

Jane, your post is exceptionally thoughtful and incisive (even for you). When friends become agitated about this or that, I often encourage then to think in statistical terms. Alas, few of them possess even the remedial background in statistics to understand the implications of the "Bell Curve." Robin's comment is good, but I would go farther. Doesn't it seem vaguely racialist to suggest - and to base an analytical study on - the assumption that name "X" is white and name "Y" is black?

Posted by: George Peery on January 3, 2003 05:05 PM

The entire study hinges on the names, yet the names were selected (seemingly) basically at random.

From the study:

To manipulate perception of race, each resume is randomally assigned either a very African American sounding name or a very White sounding name.

To decide on which names are uniquely African American and which are uniquely White, we use name frequency data calculated from birth certificates of all babies born in Massachusetts between 1974 and 1979. We tabulate these data by race to determine which names are distinctively White and which are distinctively African American. Distinctive names are those that have the highest ratio of frequency in one racial group to frequency in the othe racial group.

As a check of distinctiveness, we conducted a survery a various public areas in Chicago. Each respondent was given a personal name and asked to assess features of the person, one of which being race. In general, the names led respondents to readily attribute the expected race for the person, but there were a exceptions, and these names were disregarded.

Posted by: Jason McCullough on January 3, 2003 05:08 PM

This study is clearly flawed, but I think it'd be tough to get it right.

Names carry a lot more freight than just race -- how do you isolate just the one factor you want to test?

I'd put Serena, Venus, Condolezza and Colin up against Gertrude, Chastity, Edeltraut and Angus any day. Aisha or Daisy? You be the judge.

-- Erik

Posted by: Erik F. on January 3, 2003 05:19 PM

Jane, thanks very much for the commentary. I've just posted a much sharper critique of the study (from a reader's email) than my initial post; on reflection, I think I gave the study way too much credit. But--as Mickey Kaus would say--my initial point stands! --The main things I've been trying to point out via that study are, a) Our perception of race relations would change A LOT if we knew that Lakisha Watson was "as discriminated against as" Chava Rosenstein or Yahyin Shao, and
b) Whatever the question is, affirmative action isn't the answer. I blogged about that a couple days after I posted the initial thoughts on the job-application study.

Eve

Posted by: Eve Tushnet on January 3, 2003 05:22 PM

Eve gets to the heart of the matter. I grew up in the segregated South, attending several segregated schools. What I learn then - what we learned then - is that discrimination based on race is wrong. It was always wrong, and it will always be wrong.

Posted by: George Peery on January 3, 2003 05:58 PM

Eve, I didn't mean it as a critique of your commentary -- which was excellent! -- but as a possible additional way to think about it.

Posted by: Jane Galt on January 3, 2003 06:58 PM

Is it not perhaps strange (after the manner of your own post on Susan McDougall below), to assume that someone would think that the best way to protect themselves against a possible prosecution for an unjust or frivolous accusation of discrimination, would be to commit an actual, actionable act of illegal discrimination?

Posted by: dsquared on January 4, 2003 12:16 PM

I don't know how "actionable" it is, d^2. Even in American courts, it would be extremely difficult to make a discrimination case based only on the relative frequency of sight-unseen callbacks...

Posted by: jimbo on January 4, 2003 12:29 PM

Dsquared, that sounds like an indicator of how fouled up our judicial system is.

By the way, I just found out (by way of some mis-delivered mail) that our new neighbor is named Latoya. I haven't seen her, but her kids are definitely white...

Posted by: markm on January 4, 2003 12:47 PM

of course you do this, because its that much harder to prove something in the hiring process, and very few people are going to sue over a job they didn't get (it's usually someone rounded up by an interest group...)

happens all the time to women early in their carreers... don't want to risk a pregnancy, hich is expensive.. alot of discrimination against young women is caused by older women (hiring young and attractve omen in any role in your office is a very dangerous thing to do if you're married...)

Posted by: Libertarian Uber Alles on January 4, 2003 01:16 PM

Hmmmmm ... I've just had another idea. Wouldn't it explain a lot, if the what was really going on was that a lot of white employers just don't want to employ black people because they don't like people different from themselves? Mad, I know, but I think it deserves some consideration.

Of course, it would be horrifically unfair to enact any legislation which interfered in employers' ability to hire anyone they wanted, and the current system is something of an Orwellian nightmare, so why don't we just address the balance by reserving a huge chunk of government jobs for black people? Like, say, the police department. Worked wonders for the social status of the Irish ...

Posted by: dsquared on January 4, 2003 04:41 PM

1. Police departments do, in effect, reserve a huge number of jobs for minorities, as do most other government agencies

2. I am not saying that my explanation is the correct one -- I have no idea. But I think it's possibly a plausible contributing factor. I'm sure there is some lingering racism, but I find it hard to imagine it's a major effect.

Posted by: Jane Galt on January 4, 2003 05:20 PM

happens all the time to women early in their carreers... don't want to risk a pregnancy, hich is expensive.. alot of discrimination against young women is caused by older women (hiring young and attractve omen in any role in your office is a very dangerous thing to do if you're married...)

Is it really possible to argue that there isn't much racial discrimination anymore, but lots of discrimination like the above?

Posted by: Jason McCullough on January 4, 2003 06:38 PM

Help me out, DD: when you say "horrifically unfair", are you being serious or is it dry british wit? Most of the time I can tell, but you do occaisionally get a bit subtle for us colonials...

Posted by: jimbo on January 4, 2003 06:53 PM

Back when I hired engineers and aides, I explained the scope of the job to applicants, hired them [As a working engineer I did not have time to sort through dozens of applicants] and observed their work. No can do, no can stay. I pity "Human resource" people.

Posted by: Gene 6-Pack on January 4, 2003 09:51 PM

The name doesn't always give things away. My last name is a variant on the good ol' German name Kaufmann. When my wifes' current employer saw her application, he wasn't all that interested, as he thought she was just another Anglo type. When he saw that she was educated in the Philippines, therefore being a Filipino, he wanted her to interview right away, as his experience is that Filipino women work hard and do well in any job they undertake. She's been there a year now, and he's very happy with her job performance.

Posted by: Frank C on January 4, 2003 10:57 PM

Jimbo: No, it's my opinion. I'm just not comfortable with that level of compulsiory interference in someone's life. I'm actually quite libertarian on these sorts of issues; I just think that a) people don't half go on about "liberties" like free speech which are hardly ever used, and b) if you're going to argue against state intervention, you are in some way obliged to come up with a solution to genuine problems which doesn't involve just saying "tough luck"

Posted by: dsquared on January 5, 2003 02:17 PM

> b) if you're going to argue against state intervention, you are in some way obliged to come up with a solution to genuine problems which doesn't involve just saying "tough luck"

Where is this world where all problems have solutions that are less costly than the problem?

Posted by: Andy Freeman on January 5, 2003 06:46 PM

>>Where is this world where all problems have solutions that are less costly than the problem?

Costly for whom?

Posted by: dsquared on January 6, 2003 11:28 AM

The advocacy of violence as a solution to all manner of problems is the hallmark of the modern day statist. Hand always on the whip, they stand ever-vigilant, ready to lash any person who is perceived to be part of a problem. All in a days work of omelette-making....

Posted by: Will Allen on January 6, 2003 04:09 PM

Lest the above remarks be perceived as a personal insult, dd, let me clarify. I merely am disputing the notion that there is any such thing as a benign action by the state. Violence is an integral component of all state activity, and most modern day statists either refuse to acknowledge how they commonly, nearly always, advocate violence as a solution to problems, or refuse to acknowledge the moral import of violence. It is my contention that violence, whether implicit or explicit, is always an extraordinaily grave behavior for people to engage in, and that it's exercise can be legitimate only when it is required to prevent still greater violence. This test leaves much room for disagreement, but no doubt would also inevitably mean, if it were universally agreed upon, the curtailment of many solutions that are currently being applied to many problems.

Posted by: Will Allen on January 6, 2003 06:19 PM

I merely am disputing the notion that there is any such thing as a benign action by the state.

Jesus, Will. *No* benign actions by a state?

Posted by: Jason McCullough on January 7, 2003 07:01 AM

Nope. All activities by the state involve the implicit threat of death to those who don't contribute the support required by those entities which have gained control of the levers of the state. Therefore, all actions of the state are implicitly violent, and there is no such thing as benign violence. Often necessary, but never benign, which is why great circumspection should be employed prior to expanding the scope of state activity.

Posted by: Will Allen on January 7, 2003 11:43 AM

>>Where is this world where all problems have solutions that are less costly than the problem?

> Costly for whom?

Surely no one will argue that any program that benefits someone is therefore justified.

So, let's go with "society as a whole". Is it actually true that every problem has a solution that is cheaper?

Also, note that some solutions are cheaper later.

Posted by: Andy Freeman on January 7, 2003 12:24 PM

Comments are Closed.