By now, every employer understands that Title VII prohibits discriminating against employees because of their race. A recent 7th Circuit Court of Appeals case makes clear a subtle but important point about race bias: Employers can’t defend discrimination against some members of a protected class by claiming they don’t discriminate against all members of that class.
In Diaz v. Kraft Foods Global (No. 10-3073, 7th Cir., 2011) the 7th Circuit revived the race discrimination claims of two Hispanic employees who allege they were passed over for good jobs because their supervisor was biased against Hispanics.
Outsourcing job shuffle
In 2008, Kraft Foods planned to outsource positions at its technology center to another company. The new company would accept applications from Kraft employees who were about to lose their jobs.
Kraft employees Jose Diaz and Ramon Peña, both Hispanic, weren’t keen on working for the new company. ...(register to read more)