Race Discrimination: Employment Law - Research Paper Example

?Race Discrimination: Employment Law Workplace comprises of the “single most significant site of regular interaction among adult citizens of different racial and ethnic identities" Edmund, 2000 pp. 21 (in Lutgen-Sandik & Syhpher, 2009, pp. 165) The rise in migration has led to a simultaneous rise in multiculturality, thus leading to a significant change in the composition of population in the U.S. There is an increasing representation of people from diverse racial and ethnic backgrounds in the workplace, than never before. This has in turn led to a rise in conflicts with racial overtones, among the employees and organizations alike. The increasing number of racially diverse individuals in an organization has resulted in a drastic change in the workforce dynamics, most significant of which is the change in the organizational hierarchy. The positions which were exclusive to the Caucasians initially are now made available to / accessible to people from racially diverse backgrounds, on the basis of merit and skills (Lutgen-Sandik & Syhpher, 2009). This has resulted in a backlash from the predominantly white populations, who in a bid to preserve or reclaim their power positions have unconsciously triggered a grater social evil – racism in the workplace. This paper on race discrimination examines and assess the various aspects of racial discrimination at workplace and the resulting consequences on the labor market as well as on the society as a whole. The workplace has been plagued with persistent inequalities based on race and ethnicity of the employees, thus raising serious concerns regarding racial discrimination within the field of employment. Such discrimination however, is drastically different as compared to the racial discrimination that has been observed in the society which was far more overt in its expression as compared to racial discrimination in the employment field, which is less identifiable and difficult to detect. The term racial discrimination refers to any form of discrimination against individuals based on their race or ethnic backgrounds. However there is a significant difference between discrimination and differential treatment. Factors such as racial stereotypes, and / or prejudices based on one's race, ethnicity, beliefs or ideologies etc which tantamount to discriminatory behavior against a racial group, falls under the purview of racial discrimination (Quillian, 2006). However, the definition of the term does not imply such factors as the basis for describing racial discrimination. The fact that race discrimination at workplace or in any other sphere of life, in contemporary times is subtle and difficult to identify or detect, has fuelled numerous debates. Various studies and researches have been carried out over the years to identify and address the issue of racism at workplace (Schuman et al., 2001). The data regarding such discrimination is staggering, indicating the gravity of the issue as a serious social concern. There has been a sharp rise in the total number of workplace discrimination lawsuits over the years. According to statistics made available by EEOC (Equal Employment Opportunity Commission) the race discrimination, in employment hit an all time high in the U.S. during the year 2011. As many as 99,947 cases were registered against employment discrimination of which race discrimination accounted for 35,395 cases i.e. 35.4 per cent of the total cases were race based discrimination (Workplace Weekly, 2012). These statistics are recorded for the second consecutive year. The year 2010 also saw a record high in terms of race discrimination at workplace, which accounted for a major share of the total number of cases filed under workplace discrimination. Workplace discrimination based on race is rampant and has been since over a decade. There is empirical evidence which suggests discriminatory workplace practices targeting Hispanics, African Americans as well as Asians who are known to have been promoted in their jobs, far less often as compared to their white counterparts because of their race or ethnic backgrounds (Schiller, 2004). Furthermore the frequency of such discrimination is on the rise and is increasing at an alarming rate. This is likely to have serious negative consequences on the employees. Research suggests that people experiencing discrimination are prone to critical negative health consequences including anxiety and depression (Kessler et al., 1990). Moreover perceived discrimination may cause fatal damage to the workforce in terms of diminishing their overall productivity. The fear of racial discrimination results in a loss of employee morale and the motivation to excel or perform better at the workplace. This in turn could affect the labor market leading to a series of negative outcomes which may grip the entire workforce as well the organizations in the long run (Ogbu, 1991; Steele, 1997; Loury, 2002). Racially influenced discriminatory practices at workplace leads to widespread and negative social and economic consequences in the form of added costs. It may cause unemployment and / or underemployment of individuals with skills needed for the job, thus depriving the organizations from hiring and creating a talented workforce. It may result in high losses in terms of productivity and create a serious shortage of essential skills. Furthermore it may also lead to promoting homogeneity in the workplace thus stifling innovation and creativity that a mixed workforce may provide (Van Horn, 2003). Various laws have been introduced, following the Civil Rights Movement, in order to protect and safeguard the interests of the citizens and eliminating racially motivated discrimination from almost all aspects of public life. The underlying basis of such laws is an inherent need to protect the minorities and grant them support by way of introduction of favorable public policies. Workplace regulation is one such form of preventive laws introduced by the U.S. government in order to reduce and eliminate discriminatory workplace practices and remove all sorts of arbitrary bias in all aspects of employment ranging from hiring to work promotion (Hogler, 2004). Title VII categorically prohibits the employers from resorting to discrimination on the basis of race. Title VII includes the following factors while describing discrimination motivated by race - ancestry, physical characteristics associated with race, illnesses associated with a race, culture, perception of individuals based on race, association, subgroups, or reverse race discrimination (which refers to discrimination against all individuals including Caucasians) (EEOC, 2012). However despite such laws such racially motivated discrimination continues to exist and grow at workplaces. Studies suggest that it occurs at almost every step in the employment process from hiring to job promotions. There is evidence based on data found in government records which indicate that employers and corporate executives have initiated very few measures to counter or prevent such discrimination and that there is a serious discrepancy in the organizational hierarchy. In a study conducted by MIT it was observed that employers showed more interest in white-sounding applicant names over those which "sounded" black. Similar observations were made in a Milwaukee study whereby the white applicants were given a preferential treatment over the black ones, despite having similar credentials (Feagin, 2010). Racial inequality in workplace gives rise to various social evils and has a serious negative impact on the individuals concerned. Not only do such employees suffer from social exclusion but are also highly prone to critical mental health setbacks such as depression and anxiety, and a loss of morale and self-esteem; but they receive lesser pay which in turn significantly limits their capacity to provide for their family and their children’s education. Thus the families of racial minorities suffer largely due to unequal and unfair work practices and hiring policies employed by organizations. African Americans form a large section of the population who suffer the most from racial discrimination at workplace with the result that they are almost invariably found at the bottom of the organizational hierarchy rather than at the top or middle levels despite having competent skills required for the job (Gold, 2009). The form and style of discrimination may have changed from overt to subtle over the years, however the social evil still continues to plague the American social and economic systems in contemporary times. Critics and academic researchers have argued that the impact of such discrimination has diluted over the years considering the change in market dynamics and favorable laws being passed in favor of the minorities, thus providing them a level playing field where jobs are granted purely on the basis of merit rather than prejudicial ideologies of the employers (Pager 2007; Heckman, 1998). It is hence essential to note that racial discrimination is not the only contributor towards the widespread racial disparities in the country, and that the persistence of such inequalities are a product of a highly complex web of various other socio-economic factors. Regardless of the reasons behind such discriminations, the fact that it exists and has been steadily growing cannot be denied. It is imperative for organizations to realize and acknowledge the significant impact of such prejudicial attitudes, on the individuals / groups directly affected by it; the organizational productivity as well as on the country’s economy in the long run. It is only through such realization that positive steps can be taken towards eradicating it, and pave way for building a foundation for an egalitarian society free of any such biases. References: Feagin, J. R., (2010). Racist America: roots, current realities, and future reparations, Taylor & Francis Publication, Pp. 163-166 Gold, D. L., (2009). Law and economics: towards social justice, Emerald Group Publishing, Pp. 287-290 Heckman, J., (1998). Detecting discrimination. Journal of Economic Perspectives. 12:101–16 Hogler, R. L., (2004). Employment relations in the United States: Law, policy and practice, SAGE Publication, pp. 180-183 Kessler RC, Mickelson KD,Williams DR. 1990. The prevalence, distribution, and mental health correlates of perceived discrimination in the United States. Journal of Health and Social Behavior. 40(3):208–30 Loury, G. C., (2002). The Anatomy of Racial Inequality. Cambridge, MA: Harvard Univ. Press Lutgen-Sandvik, P., Sypher, B. D., (2009). Destructive organizational communication: processes, consequences, and constructive ways of organizing. Taylor & Francis Publication, Pp. 165 Pager, D., (2007). The use of field experiments for studies of employment discrimination: contributions, critiques, and directions for the future. Annals of the American Academy of Political and Social Science. 609:104–33 Ogbu, J., (1991). Low school performance as an adaptation: the case of blacks in Stockton, California. In Minority Status and Schooling, ed. MA Gibson, JU Ogbu, pp.. 249–85. New York: Garland Quillian L. (2006). New approaches to understanding racial prejudice and discrimination. Annual Review of Sociology, 32: pp. 299–328 Schiller B. 2004. The Economics of Poverty and Discrimination. Upper Saddle River, NJ: Pearson Prentice Hall. 9th ed. Schuman H, Steeh C, Bobo L, Krysan M. (2001). Racial Attitudes in America: Trends and Interpretations. Schuman H, Steeh C, Bobo L, Krysan M. 2001. Racial Attitudes in America: Trends and Interpretations. Cambridge, MA: Harvard university Press. Steele C. 1997. A threat in the air: how stereotypes shape intellectual identity and performance. American Psychologist. 52(6):613–29 Van Horn, C. E., (2003). Work in America: An Encyclopedia of History, Policy, and Society. ABC-CLIO Publication, Pp. 272-275 Primary Sources EEOC (2012). What is race discrimination? [Online] Available at: http://www.eeoc.gov/policy/docs/race-color.html#II [Accessed: February 10, 2012] Workplace Weekly (2011). Workplace discrimination in employment hit an all time high in the U.S. in 2011- EEOC Data Shows [Online] Available at: http://www.workplace-weekly.com/2012/01/30/race-discrimination-in-employment-hit-all-time-high-in-the-u-s-in-2011-eeoc-data-shows/ [Accessed: February 10, 2012] Read More