The Baldy Center Blog Post 47. 
Blog Author: Claudia B. Villegas Ramos, LLM candidate
Blog Title: Color, Race, and Employment Discrimination: Reflections on the presentation by Joni Hersch

On February 21, 2025, The Baldy Center for Law and Social Policy hosted a compelling presentation at 509 O'Brian Hall. The event featured the Distinguished Speaker Joni Hersch, Cornelius Vanderbilt Professor of Law and Economics, and was attended by faculty and students from diverse disciplines. Hersch delivered an insightful discussion based on her research and published work on color, race, and employment discrimination. The presentation concluded with an engaging Q&A session, allowing for an exchange of perspectives on this critical issue.

With a research focus on discrimination in labor markets [1], Hersch highlights the gender and racial disparities that persist in employment and wages. Her work is particularly relevant in today’s evolving discussions about fairness and equity in the workplace. Her research emphasizes the difficulties in accurately measuring discrimination. [2]

During the presentation, Hersch explained that traditional data shows wage gaps between men, women, and minorities. However, she says, some skeptics argue that these gaps are due to factors like education, work experience, or career choices rather than discrimination. She often encounters the argument that women are underrepresented in top jobs because they simply "lack interest." However, Hersch challenges this idea by showing how structural barriers limit women's opportunities, even when they have the same education and experience as men.

One of the most revealing parts of Hersch’s presentation was her discussion on how skin color affects job market discrimination. Research shows that even within the same racial group, darker-skinned individuals often face more disadvantages than those with lighter skin. Using data from the New Immigrant Survey (NIS), which records skin color, Hersch found that darker-skinned individuals earn about 17% less according to past studies.

This discussion on skin color discrimination ties into broader issues of racial classification and its legal implications. One major update is the addition of the Middle Eastern and North African (MENA) in the U.S. Census category, which could change how racial identity and discrimination are understood. In the past, people from the MENA region were classified as White, but this new category raises important questions about how discrimination based on skin color will be handled in the law.

Hersch compares the situation to Brazil, where racial identity is usually based on skin tone rather than ancestry. She suggests that as the U.S. demographics change, we may see a rise in color discrimination claims similar to those in Brazil. The Equal Employment Opportunity Commission (EEOC) has already noted a rise in color discrimination lawsuits, suggesting that courts may need to reconsider how they approach intra-racial discrimination cases.

Hersch analyzed data from the Current Population Survey (CPS) and found that darker-skinned individuals still faced a significant wage penalty, even after considering their race. Notably, this penalty grew during the first Trump administration, but it decreased slightly under the Biden administration. These changes show how policies and the political climate can affect wages in the job market.

Hersch’s presentation leaves us with critical questions about the future of discrimination studies. As racial and ethnic identities become increasingly fluid, will skin color become a more prominent metric for assessing social disadvantage? How will the legal system adapt to new claims of color-based discrimination?

Rather than accepting discrimination as an inevitable reality, the presentation highlighted the importance of taking action. How can policymakers, legal experts, and scholars collaborate to create meaningful solutions? What legal and economic reforms can mitigate these disparities? As we reflect on these pressing questions, it is clear that continued research and advocacy are essential in shaping a more equitable labor market for all.

FOOTNOTES

[1] Hersch, J. (2018). Colorism against legal immigrants to the United States. American Behavioral Scientist, 62(14), 2117–2132. https://doi.org/10.1177/0002764218810758

[2] Hersch, J. (2024). Colorism and immigrant earnings in the United States, 2015–2024. Frontiers in Sociology. https://doi.org/10.3389/fsoc.2024.1494236