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Employment Law (Mgmt 445). Race and Color Discrimination (Chapter 5) Professor Charles H. Smith Spring 2011. Introduction to Race and Color Discrimination.
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Employment Law (Mgmt 445) Race and Color Discrimination (Chapter 5) Professor Charles H. Smith Spring 2011
Introduction to Race and Color Discrimination • There is a long and sad history of race and color discrimination in employment and other areas of American life which persists to the present day. • The traditional example of race and color discrimination is that directed at African-Americans. • Other races now facing discrimination include “Arabs” (which can include Persians, Afghans, Indians, etc. for some uninformed people) and Asians. • Case studies – see the rather lengthy list of examples on pages 259-61 plus student examples.
What is “Hispanic”? • At CSUF, we often think of “Hispanic” people being from Mexico and Central America, but this can include people from South America, Spain and Portugal. • Case studies • Exhibit 5.4 (page 265). • Alonzo v. Chase Manhattan Bank (page 296).
EEOC Guidelines re “Race” • Case study – Exhibit 5.7. • Student examples of each of the eight factors listed. • What about “voice” – would this fall under “perception”? • Case study – Exhibit 5.10 (page 282). • What about facial hair – would this fall under “physical characteristics”? • Case study – Bradley v. Pizzaco of Nebraska, Inc. (pages 302-03).
Racial Harassment • The plaintiff must show the following in order to win a claim of racial harassment against the employer. • The harassment was (1) unwelcome, (2) based on race, and (3) so severe or pervasive that it altered the conditions of employment and created an abusive environment, and that (4) there is a basis for imposing liability on the employer. • Case studies – Daniels v. WorldCom Corp. (pages 305-06); Henderson v. Irving Materials, Inc. (pages 306-07).
Color Discrimination • There can be color discrimination between two people of the same race; case studies • Exhibit 5.11 (page 285). • Walker v. Security of the Treasury (pages 307-08).
Miscellaneous Case Studies • McDonald v. Santa Fe Trail Transportation (pages 298-99) – Title VII can apply to whites. • Phongsavane v. Potter (pages 299-301) – reduction of overtime not discrimination. • Vaughn v. Edel (pages 301-02); Jett v. Dallas Independent School District (page 310) – race-motivated behavior violates Title VII.
