Law & Economics student V. Blair Druhan has been admitted to candidacy for the Ph.D. Her dissertation is tentatively titled “Judicial and Agency Enforcement of Nondiscrimination Laws.” Druhan’s committee chair is Professor Joni Hersch. Professors Kevin Stack, W. Kip Viscusi, and The George Washington University Law School Professor Michael Selmi comprise the rest of Ms. Druhan’s dissertation committee.
Summary of the dissertation topic
Each branch of the federal government has a role in enforcing the federal nondiscrimination statutes. The federal courts must apply the law and interpret any ambiguities that arise when parties file lawsuits under the statutes; Congress often reacts to court decisions and changing times by amending the laws; and the Equal Employment Opportunity Commission (“EEOC”), an executive agency, administers the nondiscrimination statutes by investigating each charge filed under the statutes and litigating cases of importance. Scholars have criticized each branch for its inability to adequately remedy and prevent employment discrimination. This dissertation will empirically analyze the roles of the federal courts and the EEOC. Specifically, it will provide empirical evidence showing how and why the federal courts must interpret the law by analyzing sexual harassment in the workplace and discussing how new case law can decrease its prevalence. It will empirically analyze whether the courts can affect EEOC processing and party decisionmaking throughout the EEOC process, and it will empirically analyze whether the EEOC deters employment discrimination through its powers to conciliate and litigate.
