Thursday, December 11, 2008

Potentially Illegal Behavior

Discrimination, harassment, and retaliation are illegal under the Civil Rights Act of 1964. Below is an important reprint of examples of workplace situations that may indicate a race-based issue at work.

Examples include:

-- a company that doesn’t post job openings and routinely fills positions with Whites from both inside and outside the company—without African Americans and other minorities having first cracks at the job as an internal hire;

-- unequal pay for African Americans performing the same work as Whites (with similar education and work experience);

-- segregating African American employees to only work on African American projects and contracts;

-- isolating and segregating African Americans by assigning them to work only in specific locations;

-- reclassifying jobs at a lower level and assigning African Americans to perform the work;

-- routinely denying African Americans promotions;

-- laying off African American employees, while White counterparts maintain their jobs; and

-- asking potential employees to identify their race on an employment application, which might indicate that race may be a factor in hiring decisions.

Examples of harassment/a hostile work environment might include:

-- being subjected to heightened scrutiny and observation from coworkers, supervisors, etc.;

-- personal attacks based on stereotypes and racist assumptions;

-- a supervisor that regularly screams directly into the face of subordinate, in private or in front of coworkers;

-- physical threats of violence or actual physical abuse (e.g., shoving or bumping);

-- verbal abuse/put-downs, name calling or the use of racial epithets or slang;

-- job threats/intimidation;

-- intentionally malicious and false gossip;

-- stare down contests; or

-- intentional humiliation.

Examples of retaliation (for complaining of mistreatment, opposing discriminatory practices, etc.) might include:

-- stripping an employee of their staff;

-- an unjustified salary cuts;

-- the denial of standard employee benefits (e.g., use of leave, etc.);

-- a demotion;

-- a transfer to a hard-to-reach office;

-- stripping an employee of their workload/assignments; or

-- an intentionally negative and malicious performance evaluation; or

-- the denial of an anticipated promotion.

Please keep in mind that the list is not exhaustive and only represents examples of potentially illegal behavior. These are the types of incidences and situations that you should be documenting. Should you decide to make complaints, these types of situations should convey to the authority that there is a situation that demands attention and remedy.


Anonymous Anonymous said...

It is hard to prove these cases from time to time. I mean, I am going thru this right now and it has been nothing but hell!

5:50 PM  
Anonymous Anonymous said...

Especially on my performance review, I'll ask my manager what does mean when she says "there's no I in team" or "one person should not be carrying the team" - there's no answer, just more platitudes. Then she writes things like how I should be more of a teamplayer and more forth coming with resources. I've had to write in my performance review that I have been forthcoming and helpful towards my team, citing instances throughout the year that I have been helpful. Now, what I do is I provide my manager with a followup someone job shadows me exactly what took place and how I have helped them. Anything I provide the team, I email my manager so there is a record.

5:56 PM  
Anonymous Anonymous said...

Then the racist SOB who is making some type of remark. I had brought it before the manager about his behaviour, she minimized my claim saying that I heard wrong. Ever since, she has been trying to make it seem as if I have something against him. I just continue to keep my distance and do what I got to do. I've planned my exit strategy!

5:59 PM  
Anonymous Anonymous said...

You make it seem that blacks have all the problems at work with is so far from the truth. Your blog is RACIST. This happens more than i can count when whites are in the supervisory or management position. There are false complaints of racism, favoritism. I know Im an HR professional and I investigate all of these. White companies bend over backwards to be ultrafair to the detriment of the whole company structure/morale.

7:29 AM  
Anonymous Anonymous said...

Please discuss black-on-black discrimination; case in point: a senior level black person intiminating black or other minority group staff members (letters of reprimand or notice of suspension for missing a document submission deadline,)and then reporting to management above that the staff is "incompetent".

4:39 AM  
Anonymous Anonymous said...

Anonymous said: Your blog is RACIST. This happens more than i can count when whites are in the supervisory or management position. There are false complaints of racism et cetera. More often than not there is truth to it because the person who complains is often ostracized and it takes a lot of guts to fight the system. U need to remember that the experiences of African Americans in the workplace if very different from those of whites and even Hispanics in the workplace.

7:17 PM  

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