Does Age Matter? Judicial Decision Making in Age Discrimination Cases*

Kenneth L. Manning · Bruce A. Carroll · Robert A. Carp

43 citations0/0 files storedSocial Science Quarterly

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Judicial and Constitutional Studies Retirement, Disability, and Employment Discrimination and Equality Law

Abstract

Objective. Drawing upon research that suggests that race and gender may shape judicial views about legal issues pertaining to these attributes, this study conducts an investigation of the influence of age on judicial decision making in age discrimination cases. Methods. This research analyzed 544 age bias rulings and 1,592 decisions in racial and gender discrimination cases handed down in the federal district courts from 1984 to 1995. Descriptive statistics incorporating cross‐product ratios were analyzed, and logit models were developed. Predicted probabilities were utilized to isolate differences in predicted decision‐making patterns for different age cohorts. Results. The youngest judges were least sympathetic to those who alleged that they were victims of age discrimination while the oldest judges were the most sympathetic to age discrimination claimants. This study also identified a generally more conservative decision‐making pattern in age cases compared to cases dealing with racial and gender discrimination. Conclusions. The data support the hypothesis that increased age corresponds with increased pro‐elderly decision making in age bias cases, though the effects appear at the age extremes among the very oldest and youngest judges. These results provide new evidence to support the social attribute model of judicial decision making, with a clear suggestion that some socioeconomic variables may affect judges' decision making differently over time.

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References

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2009Judging Civil Justice 2010Disability and Aging Discrimination 2015Is Justice Really Blind? Race and Appellate Review in U.S. Courts 2010Does Seniority Matter? The Conditional Influence of State Methods of Judicial Retention 2013The Voting Behavior of Minority Judges in the U.S. Courts of Appeals

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