Chapter 6

Race and Color

Discrimination
McGraw-Hill/I rwin
Copyright 2012 by The McGraw-Hill Companies, I nc. All rights reserved.
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

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

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
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
EEOCs 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
6-7
EEOCs 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

6-8
EEOCs Revised Race Guidance
Title VIIs prohibition encompasses
Ancestry
Physical characteristics
Race-linked illness
Culture and perception
Association
Subgroup or race plus
Reverse race discrimination
6-9
EEOCs 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
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
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
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
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
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
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
6-16
Recognizing Race Discrimination
Unusual manifestations of race discrimination
Vaughn v. Edel
Bradley v. Pizzaco of Nebraska, Inc., d/b/a Dominos
Pizza
Chandler v. Fast Lane, Inc.
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
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
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

6-20
EEOCs 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
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
6-22
Management Tips
Take reports of racial discrimination from
employees seriously
Recognize and resolve simple
misunderstandings
Offer support groups, if needed
6-23
Management Tips
Offer training in racial awareness and sensitivity
Constantly monitor workplace hiring,
termination, training, promotion, raises, and
discipline to ensure fairness