1. Chapter 6 Race and Color Discrimination McGraw-Hill/Irwin Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved.

2. 6-2 Learning Objectives  Discuss and give details on the history of race discrimination and civil rights in the United States  Explain the relevance of the history of civil rights to present-day workplace race discrimination issues  Set forth the findings of several recent studies on race inequalities

3. 6-3 Learning Objectives  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  Describe ways in which an employer can avoid potential liability for race and color discrimination

4. 6-4 Introduction  Race is the first of the prohibited categories in Title VII  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 account for one-third of the EEOC total claims

5. 6-5 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  Race vs. national origin

6. 6-6 EEOC’s Revised Race/National Origin Guidance  New forms of discrimination are emerging  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

7. 6-7 EEOC’s E-RACE Initiative  Why Do We Need E-RACE?  Most frequently filed claims with the EEOC are issues related to race  2005 Gallup poll  31 percent of Asian Americans surveyed reported having witnessed or experienced incidents of discrimination  Color discrimination is on the rise

8. 6-8 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

9. 6-9 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

10. 6-10 Present-day Race Issues  The “new racism”  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

11. 6-11 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

12. 6-12 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  Civil Rights Acts of 1964  Voting Rights Act of 1965

13. 6-13 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

14. 6-14 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

15. 6-15 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

16. 6-16 Recognizing Race Discrimination  Unusual manifestations of race discrimination  Vaughn v. Edel  Bradley v. Pizzaco of Nebraska, Inc., d/b/a Domino’s Pizza  Chandler v. Fast Lane, Inc.

17. 6-17 Racial Harassment  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

18. 6-18 Racial Harassment  May arise from the employer imposing terms or conditions of employment based on race  Best approach for employers  Maintain a workplace where such activities are not condoned  Take all racial harassment complaints seriously  Take immediate corrective action

19. 6-19 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

20. 6-20 EEOC’s Color Guidance  What is “Color” Discrimination?  Title VII prohibits employment discrimination based on “color”  The statute does not define “color”  It occurs when a person is discriminated against based on the lightness, darkness, or other color characteristics  Race and color are not synonymous

21. 6-21 Management Tips  Be willing to believe and investigate racial discrimination  Use a top-down message that race discrimination will not be tolerated in any form  Be open to discussing issues concerning race  Be aware of cultural differences and encourage inclusiveness

22. 6-22 Management Tips  Take reports of racial discrimination from employees seriously  Recognize and resolve simple misunderstandings  Offer support groups, if needed

23. 6-23 Management Tips  Offer training in racial awareness and sensitivity  Constantly monitor workplace hiring, termination, training, promotion, raises, and discipline to ensure fairness