Race Discrimination
Chapter Outline * Opening Scenarios * Statutory Basis * Surprised? * Background * General Considerations * Recognizing Race Discrimination * Racial Harassment * A Word about Color * The Reconstruction Civil Rights Acts * 42 U.S.C. Section 1981 * 42 U.S.C. Section 1983 * 42 U.S.C. Section 1985 * Management Tips * Summary * Chapter-End Questions
Opening Scenarios
SCENARIO 1
An employer has a “no-beard” policy, which applies across the board to all employees. A black employee tells the employer he cannot shave without getting severe facial bumps from ingrown hairs. The employer replies that the policy is without exception and the employee must comply. The employee refuses and is later terminated. The employee brings suit under Title VII on the basis of race discrimination. Does he win? Why? Why not?
SCENARIO 2
Two truck driver employees are found to have stolen goods from the cargo they were carrying. The black employee is retained and reprimanded. The white employee is terminated. The white employee sues the employer for race discrimination under Title VII. Who wins and why?
SCENARIO 3
A black female employee is terminated during a downsizing at her place of employment. The decision was made to terminate the two worst employees, and she was one of them. The employer had not told the employee of her poor performance nor given her any negative feedback during evaluations to enable her to assess her performance and govern herself accordingly. In fact, there were specific orders not to give her any negative feedback. The employee sues for racial discrimination, alleging it was a violation of Title VII for the employer not to give her appropriate negative feedback during evaluations to prevent her from being put in the position of being terminated. Does