Thursday, August 09, 2007

Legal Decisions on Same Race Discrimination

There was a previous post on this blog about same race discrimination. The post was in response to a reader, who wondered if there was any remedy for Black on Black discrimination. I came across a couple of legal decisions based on same race discrimination. They are:

1. Kang v. U. Lim America, 296 F.3d 810, 817 (9th Cir. 2002) A hostile work environment could be found where Korean supervisor with stereotypical beliefs about the superiority of Korean workers held Korean Plaintiff to higher standards, required him to work harder for longer hours, and subjected Plaintiff to verbal and physical abuse when he failed to live up to supervisor’s expectations; and

2. Ross v. Douglas County, 234 F.3d 391, 393 & 395-97 (8th Cir. 2000) Affirming verdict in favor of a Black employee whose Black supervisor subjected him to racially derogatory slurs, such as the “N-word” and “black boy,” and referred to the employee’s wife, who was White, as “whitey”: “Such comments were demeaning to Ross. They could have been made to please Johnson’s white superior or they may have been intended to create a negative and distressing environment for Ross. Whatever the motive, we deem such conduct discriminatory.”

Remember, you don’t have to tolerate race-based abuse from Whites, Blacks or anyone else! Federal law prohibits discriminatory, harassing, and retalitory behavior against protected groups. The race of the victim is more relevant than the race of the perpetrator.

Source: http://www.eeoc.gov/policy/docs/race-color.html#N_122_

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