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

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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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15. 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
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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.
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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
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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
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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
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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
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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
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22. Management Tips
Take reports of racial discrimination from employees seriously
Recognize and resolve simple misunderstandings
Offer support groups, if needed
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23. Management Tips Offer training in racial awareness and sensitivity
Constantly monitor workplace hiring, termination, training, promotion, raises, and discipline to ensure fairness
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