Racial Discrimination Law Paper

2957 words 12 pages
Gale Encyclopedia of Small Business:
Racial Discrimination http://civilliberty.about.com/od/raceequalopportunity/tp/Racial-Discrimination.htm Racial discrimination is the practice of letting a person's race or skin color unfairly become a factor when deciding who receives a job, promotion, or other employment benefit. It most often affects minority individuals who feel they have been unfairly discriminated against in favor of a Caucasian (or white) individual, but there have been recent cases where whites have claimed that reverse discrimination has occurred—that is, the minority received unfairly favorable treatment at the expense of the white individual.
Court rulings handed down through the years have determined that a company's
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II. An employee who alleges that a manager or other person in power tells jokes or makes statements that are demeaning, insulting, or offensive to members of a minority group.
III. A manager who makes it clear that he or she believes in racial stereotypes by admitting that he or she refuses to promote a certain minority group because "all [members of that group] are lazy."
The law covers businesses with 15 or more employees and applies to all private, federal, state, and local employers. In many states, businesses with fewer than 15 employees face the same rules thanks to local or state statutes. In addition to the hiring provisions, the law dictates that employers cannot in any way limit or segregate employees based on race in any way that would adversely affect their chances at promotions. It does allow for two narrow exceptions to the law—businesses may use a "bona fide" seniority or merit system and measure performance and earnings based on a quantity or quality measuring system, and employers may use ability tests to determine the most qualified candidates for a job as long as the test does not discriminate racially in any way.
In 1991, the 1964 law was significantly amended for the first time by the passage of the Civil Rights Act of 1991. The law was passed to override several Supreme Court decisions that had made it much more difficult for employees to prove that racial discrimination had occurred. One of the many changes of the


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