Chapter 6 Race and Color Discrimination Copyright 2019

Chapter 6 Race and Color Discrimination Copyright 2019

Chapter 6 Race and Color Discrimination Copyright 2019 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. Learning Objectives Discuss and give important details on the history of race discrimination and civil rights issues in the United States Explain the relevance of the history of civil rights to present-day workplace race and color discrimination issues Set forth the findings of several recent studies on race inequalities

Identify several ways that race and color discrimination are manifested in the workplace Explain why national origin issues have recently been included under race discrimination claims by the EEOC and why they remain different Describe ways in which an employer can avoid potential liability for race and color discrimination Copyright 2019 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 6-2 Introduction Race is the first of the prohibited categories in Title VII

Remember: The primary focus of the Civil Rights Act was on Race (primarily AfricanAmericans) A 2008 USA Today/Gallup poll found 51 percent of whites, 59 percent of Hispanics, and 78 percent of blacks thought that racism against blacks is widespread Race discrimination claims continue to account for one-third (35.3%) of total claims filed with EEOC Remember: Two ways to prove race discrimination Disparate Treatment Direct racism Indirect racism (i.e. McDonnell Douglas case) Disparate Impact (i.e. Griggs case)

Do you feel Racism is as rampant today as in years past? Copyright 2019 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 6-3 Recent Studies on Race Inequalities Employers would rather hire a white man who had served time in prison than a black man who had not Applicants with ethnic names received fewer callbacks for jobs than the identical rsums with traditionally white names African-Americans who leave messages in response to ads often never receive return calls, while whites almost always do

Networking within an organization and having a mentor do not give African-American men the same measurable benefits as whites Racial stereotypes and attitudes heavily influenced the labor market Majority of Americans say racism against blacks is widespread Copyright 2019 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 6-4 Evolving Definitions of Race With regard to Title VII, race has been almost exclusively about African-Americans and whites Discrimination against other groups considered primarily under the national origin category, historicallybut that is changing

EEOC published a Revised Race/National Origin Guidance Race vs. national origin How do people view Asian-Americans, Hispanics? Copyright 2019 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 6-5 EEOCs Revised Race/National Origin Guidance New forms of discrimination are emerging as workforce demographics evolve Issue of race discrimination in America is multidimensional EEOC receives race and color discrimination charges alleging multiple or intersecting prohibited bases such as age, disability, gender, national origin, and religion Case: Alonzo v. Chase Manhattan Bank, N.A. Copyright 2019 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 6-6

EEOCs E-RACE Initiative Why Do We Need E-RACE? Eradicating Racism and Colorism from Employment http://www.eeoc.gov/eeoc/initiatives/e-race/ Most frequently filed claims with the EEOC are issues related to race According to a 2005 Gallup poll, the percentage of incidents of discrimination witnessed or experienced was: 31 percent by Asian-Americans 26 percent by African-Americans Color discrimination claims are on the rise Copyright 2019 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 6-7

EEOCs Revised Race Guidance Title VIIs prohibition of race discrimination encompasses: Ancestry Physical characteristics Race-linked illness Culture and perception Association Subgroup or race plus Reverse race discrimination (against Caucasians) Copyright 2019 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 6-8 EEOCs National Origin Guidance National origin discrimination is prohibited based on:

Employment Decisions Harassment Accent discrimination English fluency and English-only rules Coverage of foreign nationals Discrimination against individuals employed in the United States is prohibited regardless of citizenship Copyright 2019 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 6-9 Present-day Race Issues The New racism (belief that its been solved) - Idea that whites think everything is fair for everyone, so nothing need be done to ensure equal opportunity anymore Study of intentional workplace discrimination released by Alfred and Ruth Blumrosen in 2002 15 percent of African-Americans experience intentional workplace discrimination Eastman Kodak Co. proactive pay raises Awareness and knowledge of past history are key

Copyright 2019 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 6-10 Background of Racial Discrimination in the United States History and its present-day effects account for much of the race discrimination seen today Slavery lasted for over 200 years until after the Civil War ended in 1865 Jim Crow laws were created after the Reconstruction Legalized and codified racial discrimination Slave Codes were simply renamed Black Codes and used virtually as if slavery had never ended Copyright 2019 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 6-11 Background of Racial Discrimination in the United States

Segregated public schools were outlawed by the U.S. Supreme Court in Brown v. Board of Education in 1954 Blacks were not admitted into many schools until much later Much continuing racial separation is de facto, not based on law Civil Rights Acts of 1964 Voting Rights Act of 1965 Copyright 2019 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 6-12 Race: Putting It All Together U.S. Department of Labor Glass Ceiling Studies in 1991 and 1995 Glass ceiling exists beyond which minorities rarely progress An employer must analyze and monitor workplace information based on glass ceiling considerations

Race discrimination can be discovered and addressed before it progresses to litigation Copyright 2019 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 6-13 General Considerations Title VII was enacted primarily in response to discrimination against African-Americans in the country, but the act applies equally to all Race discrimination can occur to any group and is equally prohibited under Title VII McDonald v. Santa Fe Transportation Copyright 2019 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 6-14 Recognizing Race Discrimination The latest EEOC statistics for FY 2016 indicated: Race remains one of the most frequent types of claim filed with

the agency Many claims involve systemic race discrimination affecting hundreds of employees Often employers are held liable because they treated employees of a particular race differently without even realizing Employers often unable to recognize behaviors that may be interpreted as race discrimination Copyright 2019 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 6-15 Recognizing Race Discrimination Garden variety racism still exists Intentional, direct racism

Case: Jones v. Horseshoe Casino and Hotel Seemingly small or subtle cases of race discrimination Vaughn v. Edel, Scenario 2 Disparate Treatment case, direct evidenceeven though race played a part, if ER could have shown other reasons that would have led to EEs dismissal, ER may would have won Bradley v. Pizzaco of Nebraska, Inc., d/b/a Dominos Pizza, Scenario 3 Disparate Impact case.No beard policyBradley was dismissed b.c he wouldnt comply with policy b.c it lead to a skin condition which impacted mostly AfricanAmericans Unusual manifestations of race discrimination covered by Title VII Case: Chandler v. Fast Lane, Inc. Disparate treatment and constructive dischargeER cant force EE to discriminate, EE

is stil protected Copyright 2019 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 6-16 Racial Harassment A particular form of race discrimination (very similar to HOSTILE WORK ENVIRONMENT) Prima facie case: to hold an employer liable for racial harassment, the employee must show that the harassment was: 1. Unwelcome 2. Based on race

3. So severe or pervasive that it altered the conditions of employment and created an abusive environment 4. There is a basis for imposing liability on the employer IF EE proves prima facie case and ER does nothing, EE wins However if ER takes a proactive and prompt approach to addressing and reconciling complaint, ER wins Copyright 2019 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 6-17

A Word About Color Color has been a divisive issue for as long as African-Americans have been in the United States One of the five categories included in Title VII as a prohibited basis for discrimination Color discrimination can exist among people of the same race Color still matters a great deal in the workplace Copyright 2019 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 6-18 Management Tips Believe that race discrimination occurs and be willing to investigate it when it is alleged Make sure that there is a top-down message that the workplace will not tolerate race

discrimination in any form Do not shy away from discussing race when the issue arises Provide a positive, nonthreatening, constructive forum for the discussion of racial issues Be aware of cultural differences that may be connected, at least in part, to race, when doing things at the workplace When an employee reports discrimination based on race, do not suggest that he or she must be mistaken Offer support groups if there is an expressed need

Offer training in racial awareness and sensitivity Constantly monitor workplace hiring, termination, training, promotion, raises, and discipline to ensure that they are fair and even-handed Copyright 2019 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 6-19

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