Adjudication timing and inequality: gender gaps in workers’ compensation outcomes

Abstract: Adjudication processes in employment contexts, such as workers’ compensation cases, wage disputes, and discrimination suits, are designed to readdress workplace inequalities and injustices. Yet, they can unintentionally perpetuate inequalities, rather than simply reducing them. I document gender disparities in workers’ compensation claim outcomes and examine the factors contributing to these disparities. Among these factors, I introduce the concept of proactivity cascades to illustrate how the timing of certain actions, particularly when initiated by women, can influence subsequent steps in adjudication processes and claims outcomes. Drawing on theories of backlash and gendered expectations within organizations, I suggest that there are gender differences in proactive behaviors in pursuing litigation, and women are more likely to be proactive when they anticipate encountering bias. The findings indicate, however, that women's proactive actions, relative to men's, can paradoxically elicit negative responses (e.g. claim denials by insurance companies).

Keywords: Gender, Workers' Compensation, Inequality