Chapter 6 Race and Color Discrimination Copyright  2015 McGraw-Hill Education.  All rights reserved.  No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Learning Objectives Understand the long and deep history of race discrimination and civil the rights movement in the United States Explain the relevance of the racial civil rights struggle to present-day workplace race discrimination issues Explain why national origin issues have recently been included under race discrimination claims by the EEOC Understand that racial harassment is a particular form of race discrimination; be able to apply its prima facie case elements to relevant situations Understand the ways in which ‘color’ is different from ‘race’ Describe ways in which an employer can avoid potential liability for race and color discrimination

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 African-Americans) 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 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 year’s past?

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, historically…but that’s changing Race vs. national origin How do people view Asian-Americans, Hispanics?

EEOC’s 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.

EEOC’s 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 E-RACE Goals http://www.eeoc.gov/eeoc/initiatives/e-race/goals.cfm Improve data management, charge processing consistency and respond to emerging issues of race and color in the workplace Enhance visibility of EEOC efforts Encourage voluntary initiatives to eradicate race and color discrimination Color discrimination claims are on the rise

EEOC’s Revised Race Guidance Title VII’s prohibition encompasses Ancestry Physical characteristics Race-linked illness Culture and perception Association Subgroup or ‘race plus’ ‘Reverse’ race discrimination against Caucasians

EEOC’s National Origin Guidance Employment Decisions Harassment Accent discrimination English fluency and English-only rules Coverage of foreign nationals Discrimination against individual is prohibited regardless of citizenship

Present-day Race Issues The “new racism” (belief that it’s been ‘solved’) 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

Background of Racial Discrimination in the U.S. The long history of racial discrimination has present-day effects Slavery lasted for over 200 years until after the Civil War ended in 1865 After Reconstruction Slave Codes were simply renamed “Black Codes” Jim Crow laws Legalized and codified racial discrimination

Background of Racial Discrimination in the U.S. 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

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

General Considerations Title VII was enacted primarily in response to discrimination against blacks in the country, but the act applies equally to all Race discrimination against any group is equally prohibited under Title VII McDonald v. Santa Fe Transportation

Recognizing Race Discrimination The latest EEOC statistics for FY 2010 35.890 percent of the total charges were based on race Employers often unable to recognize behaviors that may be interpreted as race discrimination

Recognizing Race Discrimination ‘Garden variety’ racism still exists Intentional, direct racism Case: Jones v. Horseshoe Casino and Hotel Unusual manifestations of race discrimination Vaughn v. Edel, Scenario 2 Disparate Treatment case, direct evidence…even though race played a part, if ER could have shown other reasons that would have led to EE’s dismissal, ER may would have won Bradley v. Pizzaco of Nebraska, Inc., d/b/a Domino’s Pizza, Scenario 3 Disparate Impact case….No beard policy…Bradley was dismissed b.c he wouldn’t comply with policy b.c it lead to a skin condition which impacted mostly African-Americans Opposition activity is covered by Title 7 Case: Chandler v. Fast Lane, Inc. Disparate treatment and constructive discharge…ER can’t force EE to discriminate, EE is stil protected

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: Unwelcome Based on race So severe or pervasive that it altered the conditions of employment and created an abusive environment 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

A Word About Color Color is one of the five categories included in Title VII as a prohibited basis for discrimination. Color has been a divisive issue for as long as African-Americans have been in the U.S. Color discrimination can exist among people of the same race Color still matters a great deal in the workplace

Management Tips (2) Take reports of racial discrimination from employees seriously Decisive corrective action may avoid liability. HR matters. Recognize and resolve simple misunderstandings Offer support groups, if needed Offer training in racial awareness and sensitivity Constantly monitor workplace hiring, termination, training, promotion, raises, and discipline to ensure fairness