A letter to their legislative representative ( H.R)

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Employment Law: New Challenges in the Business Environment, 6e Moran

Chapter 9

Race Discrimination

Employment Law:

New Challenges in the Business Environment

Employment Law: New Challenges in the Business Environment, 6e Moran

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Learn the meaning of race discrimination.

Understand that white people can be the victims of race discrimination.

Know the importance of treating all workers equally.

Appreciate the fact that an employer usually invites litigation when it treats people differently.

Chapter Checklist

Employment Law: New Challenges in the Business Environment, 6e Moran

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Before forming an opinion on race discrimination, consider both sides by imagining that you are of another race.

Be aware of what constitutes racial harassment.

Be able to define color discrimination.

Be apprised of the parameters of the Reconstruction Era Act.

Chapter Checklist (Cont.)

Employment Law: New Challenges in the Business Environment, 6e Moran

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Race Discrimination

Exists where employees of one race are favored by the employer over another

Usually is the white race favored over the black race

Hispanics, Asians and American Indians are also subjected to racial discrimination

Though not prevalent, whites could also be subjected to discrimination

Employment Law: New Challenges in the Business Environment, 6e Moran

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Racial Harassment

When conduct of coworkers, superiors, or company creates hostile work environment to the point where employee can’t perform its duties

Evidence of severity is equally as important as the frequency

Employee must notify employer of the harassment

Employment Law: New Challenges in the Business Environment, 6e Moran

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Racial Harassment (Cont.)

Employer must not condone activity and must investigate complaint (in a timely fashion)

Employer must take action to correct behavior or employer will be held responsible

If harassment originates at the employer, then they are held liable (there is no notification need)

Employment Law: New Challenges in the Business Environment, 6e Moran

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Color Discrimination

Title VII prohibits discrimination against color in addition to race

Color could apply to people of mixed races, as well as to the different color of pigmentation of people of the same race.

Black, Asian, and Hispanic people have different shades of pigmentation

Employment Law: New Challenges in the Business Environment, 6e Moran

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Reconstruction Era Act

Passed in 1866

Provided blacks with the right “to make and enforce contracts… as enjoyed by white citizens”

The right also extends to employment contracts

Incorporated into the Civil Rights Act of 1991

Employment Law: New Challenges in the Business Environment, 6e Moran

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Reconstruction Era Act (Cont.)

Applies to all employees, no matter the number

Has no statute of limitations on filing

Has no limitations on monetary compensation or punitive damages

Availability is limited to race, color, and national origin

Does not apply to sex, religion, disability or age

Employment Law: New Challenges in the Business Environment, 6e Moran

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Title VII

There are several distinctions between bringing a claim under the Reconstruction Act and under Title VII

Applies to employers with 15 or more employees

Has a statute of limitations for filing

Places monetary limitations on the recovery of compensatory and punitive damages

Employment Law: New Challenges in the Business Environment, 6e Moran

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Title VII vs. Reconstruction Act

Reconstruction Act has more stringent requirements for proving intentional discrimination

Title VII, proving intentional discrimination is not required, only that a disparate impact exists

Employment Law: New Challenges in the Business Environment, 6e Moran

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U.S. Constitution

The Fifth Amendment provides that no person shall be derived of “life, liberty or property without due process of the law.”

The Fourteenth Amendment guarantees to all persons “the equal protection of the laws.”

Bringing an action under the Constitution does not relieve a party from the statute of limitations under Title VII

The Amendments only embellish the validity of the argument against discrimination

Employment Law: New Challenges in the Business Environment, 6e Moran

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How to Avoid Discrimination

Treat all workers equally

Do not discriminate because of race

Be color blind in making employment decisions

Do not participate in, encourage, or condone racial harassment

Establish a company policy against race and color discrimination and racial harassment

Employment Law: New Challenges in the Business Environment, 6e Moran

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Human Resource Advice

Apprise yourself of the proportion of minority groups in the area from which you hire your workers.

Treat all workers equally.

Do not discriminate because of race.

Be color blind in making employment decisions.

Judge applicants, employees and independent contractors based on their qualifications.

Do no participate in, encourage, or condone racial harassment.

Employment Law: New Challenges in the Business Environment, 6e Moran

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Human Resource Advice (Cont.)

Establish a company policy against race and color discrimination and racial harassment.

Define each of these suspect classifications explicitly in your company policy.

Teach employees to understand why race and color discrimination and racial harassment are hurtful to the victims as well as damaging to the company.

Employment Law: New Challenges in the Business Environment, 6e Moran

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Summary

Race continues to be the protected class with the largest component of discrimination cases filed.

A minority worker who has been discharged has the burden of proving the connection between the termination and his/her race.