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

Kenneth L. Manning, Bruce A. Carroll and Robert A. Carp

Social Science Quarterly, 2004, vol. 85, issue 1, 1-18

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.

Date: 2004
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