Reverse Discrimination – Ricci v. DeStefano, 129 S.Ct. 2658 (2009)

Reverse Discrimination – Ricci v. DeStefano, 129 S.Ct. 2658 (2009)

This case is about reverse discrimination . Reverse discrimination occurs when a person who belongs to a dominant or majority group is treated in an unfavorable manner. Under affirmative action many employers set aside a certain percentage of job vacancies for blacks, women and other groups. Such practices are challenged by other job candidates, usually white males, claiming that they are discriminated against on the basis of their race or sex in violation of Title VII of the of the Civil Rights Act (Title VII). Section 703(j) of the Title VII states: “Nothing in this title shall be interpreted to require any employer… to grant preferential treatment to any individual […]

Disparate Impact and How to Avoid It

Disparate Impact and How to Avoid It

In Griggs v. Duke Power Co., 401 U.S. 424 (1971) the US Supreme Court dealt with a specific situation when seemingly neutral employment policies led to discrimination in the workplace . The Court ruled that the employer violated the law when the company required that all applicants in order to qualify for a job or transfer should have a high school diploma or to pass a standardized general intelligence test. As a result of that employment practice, Afro-American candidates were disqualified in much higher numbers than Caucasian candidates, i.e. it had a disparate impact. The problem was that the hiring practice was not “significantly related” to a successful job performance. […]

Discrimination in the Workplace: Facially Neutral Employment Policies May Lead to Unlawful Discrimination – Griggs v. Duke Power Co., 401 U.S. 424 (1971)

Discrimination in the Workplace: Facially Neutral Employment Policies May Lead to Unlawful Discrimination – Griggs v. Duke Power Co., 401 U.S. 424 (1971)

This US Supreme Court case is about discrimination in the workplace, which does not look like discrimination at first sight. It involves using facially neutral employment policies that have a disparate impact and lead to unlawful discrimination at work. A class action lawsuit was brought by Afro-American employees against their employer – Duke Power Company. The plaintiffs alleged that their employer used discriminatory practices when required a high school education or passing a standardized general intelligence test as a condition of employment, or transfer/promotion. The question which the Supreme Court had to decide is whether an employer was violating Title VII of the Civil Rights Act of 1964 (Act) when […]

Discriminated Against by Ex’s Boyfriend at Work?

There are a lot of ways how an employee can be discriminated against at work. But can you be discriminated against by your ex’s boyfriend? Well, if he is your boss, then probably “yes.” And it’s not just a hypothetical question. That’s what allegedly happened in Stanford Business School. In 2014 former professor of Stanford University Graduate School of Business Mr. Phills filed a wrongful termination lawsuit against dean of the School Mr. Saloner and Stanford University (as co-defendants). According to Mr. Phills, he was the subject of harassment and wrongful termination by the dean, because the dean had an affair with Mr. Phills’s ex-wife. According to Mr. Phills, he […]