Intersectionality and Non-Reporting Behavior: Perceptions from Women of Color in Federal Law Enforcement

• Author: Helen H. Yu
• Published date: 01 September 2022
• Date: 01 September 2022
• DOI: http://doi.org/10.1177/0734371X211006189
• Subject Matter: Articles

https://doi.org/10.1177/0734371X211006189

Review of Public Personnel Administration

2022, Vol. 42(3) 574 –592

© The Author(s) 2021

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DOI: 10.1177/0734371X211006189

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Article

Intersectionality and

Non-Reporting Behavior:

Perceptions from Women

of Color in Federal Law

Enforcement

Helen H. Yu1

Abstract

Since the passage of the No FEAR Act of 2002, scholars across various disciplines

have examined women’s reporting behavior toward sex-based discrimination.

Most of the scholarship has concentrated on why women do not report sex-based

discrimination, with this study being no exception. Missing, however, from this

research is the intersectionality of race and gender, as most studies capture women

as a homogeneous group without regard to race or ethnicity. Using a subsample

of women who responded “yes” to having experienced sex-based discrimination

(n = 550) in the workplace but chose not to report the unlawful behavior, this study

employs a series of mean comparisons to differentiate women’s non-reporting

behavior by race or ethnicity. The findings suggest women of color as a group, as

well as African-American and Latina respondents by their respective minority race

or ethnic subgroup, have differences in non-reporting behavior in comparison to

White women. These findings are important because they illustrate a more accurate

examination of women’s reporting behavior in the workplace.

Keywords

intersectionality, sex-based discrimination, reporting behavior, women of color, race,

ethnicity

Since the enactment of the Notification and Federal Anti-Discrimination and

Retaliation Act of 2002 (hereafter designated as the No FEAR Act), scholars across

various disciplines have examined women’s reporting behavior toward sex-based

1University of Hawai’i at Manoa, Honolulu, USA

Corresponding Author:

Helen H. Yu, University of Hawai’i at Manoa, 2424 Maile Way, Saunders Hall 631, Honolulu, HI 96822, USA.

Email: helenyu@hawaii.edu

1006189ROPXXX10.1177/0734371X211006189Review of Public Personnel AdministrationYu

research-article2021

Yu 575

discrimination, with public administration being no exception. This dialog is essential

because the Equal Employment Opportunity Commission (EEOC, 2020a) received

23,532 formal complaints alleging sex-based discrimination in FY2019 alone—the

fourth most frequently charged basis of employment discrimination—next to retalia-

tion—(39,110), disability—(24,238), and race-based filings (23,976). The EEOC

(2020b) describes sex-based discrimination as involving “any aspect of employment,

including hiring, firing, pay, job assignments, promotions, layoff, training, fringe ben-

efits, and any other term or condition of employment” unfavorably because of an

applicant or employee’s sex. Furthermore, sexual harassment is a mode of sex-based

discrimination and includes “unwelcome sexual advances, requests for sexual favors,

and other verbal or physical harassment of a sexual nature [that] is so frequent or

severe that it creates a hostile or offensive work environment or when it results in an

adverse employment decision” (EEOC, 2020b).

While some scholars have recognized why women will respond more assertively to

reporting sex-based discrimination (e.g., Chaiyavej & Morash, 2009; Haarr & Morash,

2013; Yu & Lee, 2019, 2020), most of the literature—with this study being no excep-

tion—has focused on why women do not report sex-based discrimination, with fear of

retaliation as the most common response for non-reporting (EEOC, 2016; Reese &

Lindenberg, 2005; Rubin & Alteri, 2019; Yu & Lee, 2019). Other common responses

for non-reporting include fear of stigma, self-blame, and inaction or disbelief on

claims filed (Department of Justice, 2018; EEOC, 2016). Furthermore, despite man-

dates by the No FEAR Act, which increases agency accountability for acts of discrimi-

nation or retaliation against federal employees, non-reporting appears to be widespread

in masculine occupations such as federal law enforcement (Department of Justice,

2018; Yu, 2017)—the target population of this study—where there are fewer than 14%

women in the workforce (Brooks, 2019a). Missing, however, from this research is the

intersectionality of race and being a woman when examining non-reporting behavior

as most studies portray women as a uniformed group without regard to race or ethnic-

ity. The present study aims to fill this gap.

Using a subsample of women who responded “yes” to having experienced sex-

based discrimination (n = 550) at their current employment but chose not to report the

unlawful behavior, this study employs a t-test to differentiate the non-reporting behav-

ior of White women and all women of color. Furthermore, acknowledging that women

of color are not a monolithic group, a one-way analyses of variance (ANOVA) model

between White women and each minority race or ethnic subgroup respectively (e.g.,

African American, Asian American/Pacific Islander, Hispanic, Native American, and

multi-racial) are also presented in this article. This arrangement supports the reality

that women of color as a group, or by each minority race or ethnic subgroup, do not

inevitably impart the same occupational experiences as White women (Browne &

Misra, 2003; Hamidullah & Riccucci, 2017; Nelson & Piatak, 2019).

This dialog is important for several reasons. First, despite the passage of the No

FEAR Act, reporting workplace discrimination continues to be a struggle for many

women regardless of race or ethnicity, and scholarship should continue to monitor its

progress. Second, focusing on the intersectionality of race and being a woman