1. Chapter 6 Race and Color Discrimination
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2. 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

3. 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?

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

5. 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.

6. EEOC’s E-RACE Initiative
Why Do We Need E-RACE?
Eradicating Racism and Colorism from Employment
Most frequently filed claims with the EEOC are issues related to race
E-RACE Goals
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

7. 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

8. 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

9. 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

10. 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

11. 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

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

13. 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

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

15. 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

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:
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

17. 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

18. 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