From tokens to key players: The influence of board gender and ethnic diversity on corporate discrimination lawsuits

First Published November 25, 2019 Research Article

Authors

The University of Texas Rio Grande Valley, USA, [email protected]

by this author
,
Ohio University, USA, [email protected]
by this author
First Published Online: November 25, 2019

Does the appointment of more women and ethnic minority directors on corporate boards help combat discriminatory work environments? This empirical study addresses this question by exploring the occurrence of large-scale discrimination lawsuits. Drawing from social identity theory and empathy-based perspectives, we propose that a greater presence of female and minority directors on boards reduces the likelihood of large-scale discrimination lawsuits given their propensity to advocate for underrepresented groups in the workplace. Our analysis of data from 452 US firms from 2010–2015 indicates that a higher proportion of female and minority directors on boards is associated with a lower likelihood of such lawsuits. Specifically, the likelihood of such lawsuits is lower where there are three or more (a critical mass) female and minority directors. “Token” appointments (one or two female or minority directors) do not reduce the occurrence of these lawsuits. Further, the joint presence of minority and female directors on boards significantly reduces the likelihood of such lawsuits. Finally, we found that female CEOs help in reducing the occurrence of such lawsuits when the board has two or more female directors. Overall, our findings highlight the utility of greater gender and ethnic diversity on boards in combating workplace discrimination.

Adams, RB, Ferreira, D (2009) Women in the boardroom and their impact on governance and performance. Journal of Financial Economics 94(2): 291309.
Google Scholar | Crossref | ISI
Aharony, J, Liu, C, Yawson, A (2015) Corporate litigation and executive turnover. Journal of Corporate Finance 34(Oct): 268292.
Google Scholar | Crossref
Ashforth, BE, Mael (1989) Social identity theory and the organization. Academy of Management Review 14(1): 2039.
Google Scholar | Crossref | ISI
Bao, S, Fainshmidt, S, Nair, A, et al. (2014) Women in upper echelons of management, tenure and legal risk. British Journal of Management 25(2): 388405.
Google Scholar | Crossref
Bell, MP, McLaughlin, ME, Sequeira, JM (2002) Discrimination, harassment, and the glass ceiling: Women executives as change agents. Journal of Business Ethics 37(1): 6576.
Google Scholar | Crossref | ISI
Bertrand, M, Schoar, A (2003) Managing with style: The effect of managers on firm policies. The Quarterly Journal of Economics 118(4): 11691208.
Google Scholar | Crossref | ISI
Bhagat, S, Brickley, JA, Coles, JL (1994) The costs of inefficient bargaining and financial distress: Evidence from corporate lawsuits. Journal of Financial Economics 35(2): 221247.
Google Scholar | Crossref
Boulouta, I (2013) Hidden connections: The link between board gender diversity and corporate social performance. Journal of Business Ethics 113(2): 185197.
Google Scholar | Crossref
Brammer, S, Millington, A, Pavelin, S (2007) Gender and ethnic diversity among UK corporate boards. Corporate Governance: An International Review 15(2): 393403.
Google Scholar | Crossref
Catalyst (2016) Women in S&P 500 Companies. Available at: http://www.catalyst.org/knowledge/women-sp-500-companies (accessed 15 May 2018).
Google Scholar
Certo, T, Busenbark, J, Woo, HS, et al. (2016) Sample selection bias and Heckman models in strategic management research. Strategic Management Journal 37(13): 26392657.
Google Scholar | Crossref
Chen, G, Crossland, C, Huang, S (2016) Female board representation and corporate acquisition intensity. Strategic Management Journal 37(2): 303313.
Google Scholar | Crossref
Cook, A, Glass, C (2014a) Above the glass ceiling: When are women and racial/ethnic minorities promoted to CEO? Strategic Management Journal 35(7): 10801089.
Google Scholar | Crossref | ISI
Cook, A, Glass, C (2014b) Do diversity reputation signals increase share value? Human Resource Development Quarterly 25(4): 471491.
Google Scholar | Crossref
Cook, A, Glass, C (2015) The power of one or power in numbers? Analyzing the effect of minority leaders on diversity policy and practice. Work and Occupations 42(2): 183215.
Google Scholar | SAGE Journals | ISI
Cook, A, Glass, C (2016) Do women advance equity? The effect of gender leadership composition on LGBT-friendly policies in American firms. Human Relations 69(7): 14311456.
Google Scholar | SAGE Journals | ISI
Derks, B, Van Laar, C, Ellemers, N (2016) The queen bee phenomenon: Why women leaders distance themselves from junior women. The Leadership Quarterly 27(3): 456469.
Google Scholar | Crossref
Dobbin, F, Kim, S, Kalev, A (2011) You can’t always get what you need: Organizational determinants of diversity programs. American Sociological Review 76(3): 386411.
Google Scholar | SAGE Journals | ISI
Elstad, B, Ladegard, G (2012) Women on corporate boards: Key influencers or tokens? Journal of Management & Governance 16(4): 595615.
Google Scholar | Crossref
Erkut, S, Kramer, VW, Konrad, AM (2008) Critical mass: Does the number of women on a corporate board make a difference? In: Vinnicombe, S, Singh, V, Burke, R, et al. (eds) Women on Corporate Boards of Directors: International Research and Practice. Cheltenham: Edward Elgar Publishing Limited, 222233.
Google Scholar | Crossref
Frankel, B (2009) How employee resource groups drive innovation and engagement. Diversity, Inc. September/October: 1526.
Google Scholar
Ghannam, S, Bugeja, M, Matolcsy, ZP, et al. (2018) Are qualified and experienced outside directors willing to join fraudulent firms and if so, why? The Accounting Review 94(2): 205227.
Google Scholar | Crossref
Glass, C, Cook, A (2017) Appointment of racial/ethnic minority directors: Ethnic matching or visibility threat? Social Science Research 61(Jan): 110.
Google Scholar | Crossref | Medline
Glass, C, Cook, A (2018) Do women leaders promote positive change? Analyzing the effect of gender on business practices and diversity initiatives. Human Resource Management 57(4): 823837.
Google Scholar | Crossref
Goldberg, CB, Riordan, C, Schaffer, BS (2010) Does social identity theory underlie relational demography? A test of the moderating effects of uncertainty reduction and status enhancement on similarity effects. Human Relations 63(7): 903926.
Google Scholar | SAGE Journals | ISI
Hafsi, T, Turgut, G (2013) Boardroom diversity and its effect on social performance: Conceptualization and empirical evidence. Journal of Business Ethics 112(3): 463479.
Google Scholar | Crossref
Haslem, B, Hutton, I, Smith, AH (2017) How much do corporate defendants really lose? A new verdict on the reputation loss induced by corporate litigation. Financial Management 46(2): 323358.
Google Scholar | Crossref
Hekman, DR, Johnson, SK, Foo, MD, et al. (2017) Does diversity-valuing behavior result in diminished performance ratings for non-white and female leaders? Academy of Management Journal 60(2): 771797.
Google Scholar | Crossref
Helland, E (2006) Reputational penalties and the merits of class-action securities litigation. The Journal of Law and Economics 49(2): 365395.
Google Scholar | Crossref
Hillman, AJ, Cannella, JAA, Paetzold, RL (2000) The resource dependence role of corporate directors: Strategic adaptation of board composition in response to environmental change. Journal of Management Studies 37(2): 235255.
Google Scholar | Crossref | ISI
Hillman, AJ, Shropshire, C, Cannella, AA (2007) Organizational predictors of women on corporate boards. Academy of Management Journal 50(4): 941952.
Google Scholar | Crossref | ISI
Hirsh, CE, Cha, Y (2015) Employment discrimination lawsuits and corporate stock prices. Social Currents 2(1): 4057.
Google Scholar | SAGE Journals
Hutton, I, Jiang, D, Kumar, A (2015) Political values, culture, and corporate litigation. Management Science 61(12): 29052925.
Google Scholar | Crossref
Iyer, A, Ryan, MK (2009) Why do men and women challenge gender discrimination in the workplace? The role of group status and in-group identification in predicting pathways to collective action. Journal of Social Issues 65(4): 791814.
Google Scholar | Crossref
James, EH, Wooten, LP (2006) Diversity crises: How firms manage discrimination lawsuits. Academy of Management Journal 49(6): 11031118.
Google Scholar | Crossref | ISI
Joecks, J, Pull, K, Vetter, K (2013) Gender diversity in the boardroom and firm performance: What exactly constitutes a “critical mass?”. Journal of Business Ethics 118(1): 6172.
Google Scholar | Crossref | ISI
Justia Dockets and Filings (2017) Federal cases, dockets and filings from U.S. District Courts and U.S. Courts of Appeal. Available at: https://dockets.justia.com/ (accessed 5 March 2017).
Google Scholar
Kalev, A, Dobbin, F, Kelly, E (2006) Best practices or best guesses? Assessing the efficacy of corporate affirmative action and diversity policies. American Sociological Review 71(4): 589617.
Google Scholar | SAGE Journals | ISI
Kanter, RM (1977) Men and Women of the Corporation. New York: Basic Books.
Google Scholar
Karpoff, JM (2012) Does reputation work to discipline corporate misconduct? In: Barnett, M, Pollock, T (eds) The Oxford Handbook of Corporate Reputation. Oxford: Oxford University Press, 361382.
Google Scholar
Koku, PS (2006) An analysis and the effects of class-action lawsuits. Journal of Business Research 59(4): 508515.
Google Scholar | Crossref
Konrad, AM, Kramer, V, Erkut, S (2008) Critical mass: The impact of three or more women on corporate boards. Organizational Dynamics 37(2): 145164.
Google Scholar | Crossref | ISI
Li, F (2016) Endogeneity in CEO power: A survey and experiment. Investment Analysts Journal 45(3): 149162.
Google Scholar | Crossref
Litvak, A (2016) Oil, gas firms faced dozens of discrimination suits in past decade. Pittsburgh Post-Gazette. Available at: http://www.post-gazette.com/powersource/companies/2016/01/24/Oil-gas-firms-faced-dozens-of-discrimination-suits-in-past-decade/stories/201601240121 (accessed 21 February 2018).
Google Scholar
Lyness, KS, Thompson, DE (2000) Climbing the corporate ladder: Do female and male executives follow the same route? Journal of Applied Psychology 85(1): 86101.
Google Scholar | Crossref | Medline | ISI
McDonald, ML, Westphal, JD (2013) Access denied: Low mentoring of women and minority first-time directors and its negative effects on appointments to additional boards. Academy of Management Journal 56(4): 11691198.
Google Scholar | Crossref
Matsa, DA, Miller, AR (2013) A female style in corporate leadership? Evidence from quotas. American Economic Journal: Applied Economics 5(3): 136169.
Google Scholar | Crossref | ISI
Matsa, DA, Miller, AR (2014) Workforce reductions at women-owned businesses in the United States. ILR Review 67(2): 422452.
Google Scholar | SAGE Journals | ISI
Mattis, MC (2001) Advancing women in business organizations: Key leadership roles and behaviors of senior leaders and middle managers. Journal of Management Development 20(4): 371388.
Google Scholar | Crossref
MSCI ESG KLD STATS (2015) 1991–2014 Data Sets Methodology. MSCI ESG Research Inc., June 2015. Research database (accessed 15 June 2018).
Google Scholar
Nielsen, S, Huse, M (2010) The contribution of women on boards of directors: Going beyond the surface. Corporate Governance: An International Review 18(2): 136148.
Google Scholar | Crossref | ISI
Peterson, CA, Philpot, J, O'Shaughnessy, KC (2007) African-American diversity in the boardrooms of the US Fortune 500: Director presence, expertise and committee membership. Corporate Governance: An International Review 15(4): 558575.
Google Scholar | Crossref
Post, C, Byron, K (2015) Women on boards and firm financial performance: A meta-analysis. Academy of Management Journal 58(5): 15461571.
Google Scholar | Crossref
Ragins, BR, Townsend, B, Mattis, M (1998) Gender gap in the executive suite: CEOs and female executives report on breaking the glass ceiling. The Academy of Management Executive 12(1): 2842.
Google Scholar
Semuels, A (2016) Female bosses in the workplace: What happens to employees under female leadership? The Atlantic, 27 December.
Google Scholar
Sixel, LM (2016) Sex, race, disability claims remain EEOC's chief focus. Houston Chronicle. Available at: https://www.houstonchronicle.com/business/article/Sex-race-disability-claims-remain-EEOC-s-chief-6740386.php (accessed 1 September 2018).
Google Scholar
Skaggs, S, Stainback, K, Duncan, P (2012) Shaking things up or business as usual? The influence of female corporate executives and board of directors on women’s managerial representation. Social Science Research 41(4): 936948.
Google Scholar | Crossref | Medline | ISI
Thomas, RR (1992) Beyond Race and Gender: Unleashing the Power of Your Total Work Force by Managing Diversity. New York: AMACOM (American Management Association).
Google Scholar
Torchia, M, Calabrò, A, Huse, M (2011) Women directors on corporate boards: From tokenism to critical mass. Journal of Business Ethics 102(2): 299317.
Google Scholar | Crossref | ISI
Turner, J, Tajfel, H (1982) Social Identity and Intergroup Relations. Cambridge: Cambridge University Press.
Google Scholar
Van der Walt, N, Ingley, C (2003) Board dynamics and the influence of professional background, gender and ethnic diversity of directors. Corporate Governance: An International Review 11(3): 218234.
Google Scholar | Crossref
Wright, P, Ferris, SP, Hiller, JS, et al. (1995) Competitiveness through management of diversity: Effects on stock price valuation Academy of Management Journal 38(1): 272328.
Google Scholar | Crossref

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