Exactly what is race? And who is a member of a protected class based on race? Does the color of one’s skin count more than the country of origin? Those are some of the questions a federal appeals court recently tackled.
Recent case: Parisima Abdullahi alleged that her employer fired her due to racial discrimination. But the trial court dismissed her case because Abdullahi had not checked “race” as the discrimination she had endured, but had instead checked the boxes for “national origin” and “religion” because she is a Muslim born in Iran. She appealed.
Because Abdullahi was suing under Section 1981 of the Civil Rights Act, which says that “all persons within the jurisdiction of the United States shall have the same right … to make and enforce contracts … as is enjoyed by white citizens,” she had to convince the court she was a different race than white citizens. The 7th Circuit Court of Appeals reinstated her lawsuit, reasoning that at the time the law was passed, even ethnic groups were referred to as separate races, such as the “German race.” Therefore, Abdullahi’s identification as Iranian and Muslim was enough to claim race discrimination even if Iranians are generally considered white. (Abdullahi v. Prada, No. 07-2489, 7th Cir., 2008)
Final note: This case raised the possibility of many more “race” discrimination cases. Think about the self-reporting EEO forms your employees fill out and the many possible combinations. Just about anyone may have a race discrimination case these days.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/4762/pigeonholing-employees-race-can-be-tricky-and-risky "
- Do you destroy hiring documents? Track process anyway
- Prevent managers from interfering with employees' ADA rights
- Congrats on winning that bias case! That doesn't mean you won't owe attorneys' fees
- Don't let preconceived notions of disabled employee's capabilities affect reinstatement
- Warn managers: no 'one-sided' socializing