Chapter 1: Introduction PDF

Chapter 1: Introduction Friday, January 10, 2025 11:00 PM       - Diversity : Real or perceived differences among people relative to race, ethnicity, sex, age, physical and mental ability, sexual orientation, religion, work and family statues, weight and appearance , and other id...

Chapter 1: Introduction Friday, January 10, 2025 11:00 PM       - Diversity : Real or perceived differences among people relative to race, ethnicity, sex, age, physical and mental ability, sexual orientation, religion, work and family statues, weight and appearance , and other identity -based areas that affect their \-\-\-\-- Experiences\-\-- opportunities\-- outcomes - Identity groups : which are the collectivities people use to categorize themselves and others. - **Equity**: Ensures fairness by providing individuals with resources and opportunities tailored to their needs to achieve equal outcomes. - **Inclusion**: Focuses on creating an environment where individuals feel valued, accepted, and empowered to contribute fully. - Ethnicity: shared national origin or a shared culture heritage, Asian, black, Hispanic, or white - Ensure that individuals from all backgrounds are treated as valued applicants, employees, and customers. - Create opportunities for individuals to thrive, contribute, and feel appreciated. - **Welcoming Environment**: Do people feel accepted, appreciated, and included? - **Authenticity**: Can individuals express their true selves, or do they feel compelled to suppress parts of their identity? - **Opportunities for All**: Are all individuals provided with equitable chances to succeed, regardless of their identity? - Diversity is intertwined with power and dominance relations among groups. - **Identity Groups**: Collective categories people use to define themselves and others, influenced by societal power structures. - In the U.S., Black individuals faced enslavement and systemic inequalities even after slavery ended. - These disparities have long-term effects on treatment, opportunities, and outcomes for Black communities. - **Color-Blind Racism**: A barrier to diversity efforts as it ignores the lived realities of racial disparities. - **Influence on Relationships**: Attributes such as race, gender, and ethnicity shape interactions, experiences, and opportunities. - **Group vs. Individual Diversity**: - Diversity is a group-level concept, not an individual one. - Phrases like *\"diversity candidate\"* often incorrectly label individuals based on identity. - **Real vs. Perceived Differences**: The book\'s definition of diversity acknowledges social constructions of identity. - **Employment discrimination**: personal characteristics of applicants and workers that are unrelated to productivity are valued in the labor market - **Access discrimination**: people are denied employment opportunities or \"access\" to jobs because of their group membership - **Treatment discrimination** : people are employed but treated unfairly on the job, receiving fewer rewards, resources, or opportunities than they should receive based on job related criteria. - **Discrimination and Outcomes**: - Perceptions of race influence opportunities, experiences, and outcomes in society and the workplace. - Within racial groups, darker-skinned individuals often face more significant challenges than lighter-skinned counterparts (e.g., in employment). - **Social vs. Biological Differences**: - Gender reflects societal perceptions of how males and females should behave rather than strict biological distinctions. - Beliefs about gender differences heavily influence societal expectations and roles. - **Misperception**: Racial groups are biologically distinct. - **Reality**: Race is socially constructed, with genetic similarities exceeding 99% across all humans. - **Gender**: Similar to race, beliefs about gender roles are shaped more by societal norms than biology. - **Identity and Pride**: Recognizing and valuing identity is essential for meaningful diversity efforts. - **Systemic Impact of Social Constructs**: Socially constructed differences (race, gender) significantly influence discrimination and inequality. - **Intersectionality in Diversity**: Efforts to promote diversity must address both group-level dynamics and individual experiences shaped by identity. - **Awareness and Action**: Acknowledging the realities of social constructs enables more effective and inclusive organizational and societal practices. - **Meritocracy Myth** - The belief that resources are distributed based solely on merit is false. - Structural systems like residential segregation and environmental racism significantly affect access to resources, education, and health for African Americans and Latinos. - **Terminology Usage** - Terms like *sex/gender*, *Blacks/African Americans*, and *Hispanics/Latinos/Latinx* are used interchangeably for simplicity but have distinct meanings. - Race and ethnicity are fluid and ambiguous concepts, often criticized for their lack of inherent meaning despite real-world consequences. - **Race as a Social Construct** - Race is socially defined to establish power dynamics between groups. - Scholars highlight the constructed nature of race while acknowledging its significant societal impact. - **Capitalization of Race Terms** - Terms like *Black* and *White* are capitalized when referring to racial groups to emphasize their social and cultural significance. - **Limitations of Diversity Alone** - Diversity without equity, inclusion, and justice can perpetuate issues like pay discrimination, harassment, and job segregation. - Efforts must go beyond mere representation to ensure individuals are valued and provided opportunities to thrive. - **Intersectionality** - Concept by Kimberlé Crenshaw: Highlights the interconnected nature of social identities (e.g., race, gender, class) and overlapping systems of oppression. - Example: Black women experience unique discrimination from the combination of race and gender, which is non-additive and complex. - **Group Memberships and Outcomes** - Membership in groups (race, gender, disability, etc.) influences employment, pay, advancement, and societal opportunities. - Privileged groups (e.g., White men without disabilities) tend to have higher wages and organizational status than marginalized groups. - **Unique Marginalized Experiences** - Intersectionality creates distinct challenges for individuals with multiple marginalized identities. - Example: A White transgender woman with a disability faces different systemic barriers compared to a cisgender White woman or a transgender White man with a disability. - **Key Terms** - **Cisgender**: Describes individuals whose gender identity aligns with their sex assigned at birth. - **Racialized Sexual Harassment**: Women of color uniquely experience combined racial and sexual hostility. - **Intersectional Research** - Scholars explore various intersections (e.g., race, sex, disability, sexual orientation) to understand diverse experiences and outcomes. - These intersections are crucial to designing effective diversity, equity, and inclusion (DEI) initiatives. Chapter 2: Theoretical background and foundation Friday, January 24, 2025 10:23 PM - Minority: subordination in power, prestige, and privilege, rather than numerical representation (aka also means fewer in number) - Non-Dominant groups: Preferred term over \"minority\" as it reflects social power dynamics more accurately. Ex: in south Africa, whites are dominant despite being outnumbered by people of color - Race: social construct separating dominant (whites in the U.S) and non-dominant groups Sex and gender: - woman outnumber men in the U.S, but men hold dominance in power and privilege - Sexual orientation: heterosexual individuals are dominant over LGBTQ+ individuals - Ability : people without disabilities dominate over those with disabilities Physical Appearance - \"Attractive\" individuals dominate based on perceptions shaped by dominant groups - Thinner people dominate despite overweight individuals being more numerous in certain regions - Age : Dominant between younger and older workers is context -dependent - Older workers hold higher-statues positions but face stereotypes - Younger workers may be favored for certain roles but are often stereotyped negatively Family statues - Men with families are perceived positively in organizations - Woman with families face divided loyalty stereotypes, lower wages, and fewer promotions - Gender discrimination persists regardless of martial or parental status for woman Complex dominance dynamics - In some contexts, dominance is ambiguous or varies - Social structures often intersect, complicating clear distinctions between dominant and non-dominant groups Dominant group decisions - Determine inclusion/ exclusion withing their group - Define which differences are significant, influencing: citizenship and immigration policies, marriage and property rights, voting rights and segregation is residential, educational, and employment settings, basic rights, such as freedom and bodily autonomy Global impact - Across diverse nations, dominant groups control non-dominant groups lives and opportunities by enforcing these distinctions Identifiability - Essential for enforcing subordination systems - Physical or culture traits allow dominant groups to single out non-dominant members ex: nazi Germany\-- yellow armbands for jews Challenges in identification - Misidentification - Some individuals may be attributed to the wrong group by observers - Other who do not self-identify as minorities may still be considered so by others Invisibility - Some non-dominant group members face stress and fear of disclosure - Invisibility can bring both relief from discrimination and challenges such as guilt or identity struggles Consequences of identifiability - Visible minority group members often face bias, including: - Differential treatment in workplaces and public spaces - Racial profiling by police or businesses - Invisible traits may reduce overt bias but lead to internal conflicts and fear Stigma - Defined as deviations from the societal norm or ideal individuals - Linked to Erving Goffman\'s 1963 work on stigma, exploring its management and social implications **Spoiled Identity (Erving Goffman)**: - Stigmas that are immediately noticeable or inferred from known information: - **Physical deformities**: Visible traits perceived as deviations. - **Character blemishes**: Traits inferred from records or associations, e.g., addiction, unemployment, homosexuality, or mental illness. - **Tribal stigma**: Related to race, nationality, religion, or lineage (e.g., family reputation or low socioeconomic status). **Surface-Level Diversity**: - Characteristics immediately noticeable (e.g., **race**, **sex**, **age**, and some disabilities). - Initial group dynamics: - Surface-level differences influence **group functioning** and **cohesion** early on. - Over time, as individuals interact, these differences **diminish in significance**. **Organizational Implications**: - Organizations should promote **engagement** and **acceptance** of diversity. - Long-term benefits include: - **Higher productivity**. - **Better ideas and problem-solving**. - **Enhanced group performance**. **Differential Power**: - Defined by Dworkin and Dworkin as the \"actual use of resources to influence and control others.\" - Power allows dominant groups to control: - **Access to resources**: Education, employment, food, healthcare, and income. **Numerical dominance vs. power**: - Numerical majority does not guarantee power. - Examples: Native populations in the U.S. outnumbered European colonists but were dominated due to lack of power. **Key Connections**: - Both **identifiability** and **power dynamics** play critical roles in societal hierarchies. - Organizations and societies must address these dynamics to create **inclusive environments** and reduce the impact of stigma and unequal power distribution. **Power and Dominance**: - Dominant groups use power to: - Maintain control over voting rights, access to resources, and life opportunities for non-dominant groups. - Preserve their dominance, even without a numerical majority. **Discrimination**: - Defined as differential and pejorative actions that limit opportunities (social, political, or economic) for specific groups. - Types of discrimination include: - **Employment discrimination**: Valuing personal characteristics unrelated to productivity. - Women often face **lower wages**, **job segregation**, and **sexual harassment**. - Black individuals frequently encounter **access discrimination** (e.g., rejection for jobs regardless of qualifications). - Consequences of discrimination: - Limits on opportunities in work, housing, and voting. - Group awareness and collective resistance. **Group Awareness**: - Discrimination leads to the realization among minority groups that: - Differential treatment stems from majority-defined evaluations, not intrinsic qualities. - Change can occur through cooperative resistance (e.g., protests, activism). - Examples of group awareness movements: **Civil Rights**, **Women's Rights**, **Gay Rights**, **Black Lives Matter**, and **\#MeToo** movements. **Characteristics of Minority Groups** (Dworkin and Dworkin): - **Identifiability**: Distinctive traits that subject groups to differential treatment. - **Differential Power**: Dominance through control of resources. - **Discrimination**: Systematic exclusion or bias against specific groups. - **Group Awareness**: Recognition of shared experiences of unfair treatment, often sparking activism. **Limitations of the Framework**: - Not all characteristics apply universally: - Invisible identities or non-dominant individuals with power (e.g., a woman of color who is a CEO). - **Phenotype vs. cultural identity incongruence**: Example: A Mexican American with Caucasian features identifying with Mexican American culture. - Can lead to **cognitive dissonance** and discomfort among observers. **Cultural Incongruence**: - Taylor Cox's concept of incongruence highlights the challenges when visible identity (phenotype) does not align with cultural identity. - This mismatch can result in misunderstandings or biases in perception. **Social Categorization and Identity**: - **Identifiability**: A key factor in singling out groups for discrimination. Visible traits (e.g., race, sex, age) are commonly used for categorization. **Cognitive Simplification**: - Social cognitive theory suggests people categorize to manage large amounts of information. - Visible traits or identifiers like names trigger automatic categorization and activate stereotypes. - **Examples of Categorization**: Names on résumés may imply race, sex, or ethnicity. **Stereotyping**: - Defined as overgeneralizations about large groups of people. **Types of Stereotyping**: - **Descriptive**: Assumptions about how members of a group *do* or *will* behave (e.g., \"Women are nurturing\"). - **Prescriptive**: Expectations about how members of a group *should* behave (e.g., \"Women should wear makeup\"). - **Proscriptive**: Expectations about how members of a group *should not* behave (e.g., \"Men should not cry\"). - Violating stereotypes often leads to **social or economic penalties**. **Prejudice and Discrimination**: - **Prejudice**: Irrational, negative evaluations based on stereotypes. - **Discrimination**: Actions limiting opportunities for groups due to stereotyping and prejudice. - Example: Consumer racial profiling: Differential marketplace treatment based on race or ethnicity. **Impacts of Stereotyping and Categorization**: - Sorting and bias in hiring or promotion based on visible or inferred characteristics. - Reinforcement of systemic discrimination through automatic cognitive processes. - Social and economic consequences for violating stereotypes. **Organizational Constraints and Challenges**: - Organizations can mitigate prejudice and discrimination by addressing biases and stereotypes. - Need for conscious efforts to counteract automatic categorization and foster equity in workplace practices. - **Implicit Bias:** Automatic, unconscious biases affecting judgments, decisions, and behaviors. - **Testing**: Implicit Association Test (IAT) measures biases toward various social groups. - **Examples of Impact**: Judges associated Asians/Jews with immorality, Whites/Christians with morality, Longer sentences for Jewish defendants over Christian defendants for identical crimes, Healthcare disparities: Bias toward White patients over African Americans. **Contributing Factors**: - High time pressure, stress, multitasking increase reliance on implicit bias. **Mitigation Strategies**: - Education, training, structured decision-making (e.g., blinded resume reviews). - **Social Identity**: Part of self-concept derived from group membership and its emotional significance. - **Examples** :Race: Degree of identification with being Black, Asian, etc., Gender: Identification as a man, woman, etc, Disabilities: Identification as deaf, etc. **Consequences**: - Awareness of group pejorative treatment fosters collective resistance. - Social categorization leads to in-group favoritism and out-group stereotyping. **Consequences of Social Categorization** - **In-Group and Out-Group Bias**: In-group seen as diverse; out-group perceived as homogeneous. - Media depictions of out-groups amplify biases. **In-Group Favoritism**: - Bolsters self-esteem, can lead to discrimination in hiring, promotion. - Non-dominant groups (e.g., women, minorities) are often disadvantaged. **Similarity Effect**: - Tendency to favor demographically similar individuals (e.g., same race, ethnicity). - Examples in sports (NBA, MLB) show bias in officiating outcomes. - **Attribution Errors**: Misjudging the causes of behaviors for in-group and out-group members. **Patterns**: - Positive acts: Attributed to internal traits for in-group, luck for out-group. - Negative acts: Attributed to circumstances for in-group, character for out-group. - **Impact**: Stereotypes reinforced; contradictory evidence often dismissed as exceptions. - **Internalized Oppression**: Acceptance of negative stereotypes by non-dominant group members. - **Examples**: Racism: Black individuals internalizing stereotypes of laziness, Sexism: Women doubting their abilities and worth. - **Effects**: Depression, hopelessness, health problems, organizational impact. - **Stereotype Threat**: Concern about being judged by a stereotype, impacting performance. - **Effects**: Poorer performance on tasks (e.g., women in math, minorities in tests), Long-term reduction in learning and retention (e.g., women in STEM). - **Privilege** : Unearned advantages based on group membership (e.g., race, gender, religion). - **Examples**: Christian privilege: Work holidays align with Christian religious days, White privilege: Presumptions of competence, reduced profiling. - **Role of Allies**: Support and advocate to dismantle privilege. - **Aversive Racism**: Subtle racism by those claiming egalitarian beliefs, justified by other factors. - **Examples**: Selection decisions based on \"fit\" to justify not choosing minorities, Researchers documented discriminatory practices despite stated egalitarianism. - **New Racism**: Belief that racism is over and minorities have unfair advantages. - **Patterns**: Use of \"business justifications\" to avoid hiring minorities, Claims of reverse discrimination. - **Colorism**: Privileging lighter-skinned people of color over darker-skinned individuals. - **Impacts**: Education, housing, income, and workplace discrimination, Intra-racial discrimination among darker-skinned individuals. - **Sexism**: Attitudes, behaviors, and practices maintaining gender inequality. - **Types**: - **Hostile sexism**: Negative stereotypes and antipathy toward women. - **Benevolent sexism**: Positive but patronizing views (e.g., women needing protection).   - Allies --- dominant group members and others not being uniquely oppressed in a particular circumstance who work to end oppression through their support of and advocacy for those who are oppressed. - Ambivalent sexism --- the simultaneous holding of both hostile and benevolent sexist beliefs about women; for example, "women are incompetent at work" and "women must be protected." - Anti-Blackness/Anti-Black racism --- individual and institutional attitudes, beliefs, behaviors, policies, and practices that devalue, minimize, and marginalize Black humanity, dignity, and worth. - Attribution errors --- errors in estimating the influence of external factors (e.g., situations or circumstances) and internal factors (e.g., personal qualities) when evaluating the behavior of in-group and out-group members. - Aversive racism --- the holding of egalitarian values and beliefs that one is unprejudiced but still possessing negative feelings and beliefs about racial issues and minority group members. - Benevolent sexism --- a set of interrelated attitudes toward women that are sexist while they are perceived as positive by the attitude holder. - Bias --- attitudes, behaviors, and actions that are prejudiced in favor of or against one person or group compared to another. - Colorism --- a process that privileges light-skinned people of color over dark-skinned people of color in myriad situations. - Consumer racial profiling --- differential treatment of consumers in the marketplace based on race/ethnicity that constitutes denial of or degradation in the products and/or services that are offered to the consumer. - Descriptive stereotyping --- perceptions about how people do or will behave based on their group memberships. - Discrimination --- differential and pejorative actions that serve to limit the social, political, or economic opportunities of members of particular groups. - Egalitarian --- beliefs in human equality, particularly regarding social, political, and economic rights and privileges. - Employment discrimination --- the valuation in the labor market of personal characteristics of applicants and workers that are unrelated to productivity. - Hostile sexism --- antipathy toward women based on faulty and inflexible generalizations (negative stereotypes). - Identity groups --- the collectivities people use to categorize themselves and others. - Implicit bias --- a form of bias that happens automatically, without the perceiver's knowledge, that affects their judgments, decisions, and behaviors. - Internalized oppression --- when members of devalued groups consciously or unconsciously accept or believe negative messages about their own abilities and intrinsic worth and those of other members of the same group. - Internalized racism --- the acceptance of and belief by members of devalued races in negative messages about their own abilities and intrinsic worth and those of others of the same race. - Internalized sexism --- acceptance and belief by women of negative messages about their own abilities and intrinsic worth and those of other women. - Neosexism --- the conflict between people's reported egalitarian values and their negative attitudes toward women - New racism --- the belief that racism is a thing of the past and that Blacks have attained excessive, unfair gains through programs such as affirmative action. - Non-dominant group members --- people subordinated to dominant group members in terms of power, prestige, and privilege; not necessarily those fewer in number to the dominant group. - Prejudice --- irrational, negative evaluations of a group. Prescriptive stereotyping --- perceptions about how people should behave based on their group memberships. - Proscriptive stereotyping --- perceptions about how members of a particular group should not behave. - Privilege --- unearned and sustained advantage that comes from race, sex, sexual orientation, religion, ability, socioeconomic status, age, or other group memberships. - Racism --- a system of (dis)advantage based on race that is created and maintained by the interplay between individuals' biased thoughts, feelings, and actions and biased laws, policies, and institutions. - Sexism --- individuals' attitudes, beliefs, and behaviors, as well as organizational, institutional, and cultural practices that reflect evaluations of individuals based on their gender and that support the maintenance of gender inequality in society. - Similarity effect --- a bias in which people are more likely to select or hire demographically similar others. - Social hierarchy --- the ranking of individuals or groups, implicitly or explicitly, regarding a valued social dimension. - Social identity --- the part of an individual's self-concept that derives from their membership in a social group and the value and emotional significance attached to that group membership. - Stereotypes --- overgeneralizations of characteristics to large human groups. - Stereotype threat --- when a person is concerned about being judged by a negative stereotype about their group and this concern affects their performance, behavior, learning, or other outcomes. - Stigma --- deviations from the desired norm in a certain context. - Structural or systemic racism --- the ways in which societies foster racial discrimination through mutually reinforcing systems, including public policies, institutional practices, cultural representations, and other norms that work in reinforcing ways to perpetuate group inequity. - Structured interviews --- a series of job-related questions, with pre-determined answers, that are consistently applied across all interviews for a particular job. - Surface-level diversity --- areas of difference among individuals that are immediately identifiable, such as race, sex, age, and some disabilities Chapter 3: legislation Sunday, February 2, 2025 1:15 PM   - Laws, executive orders, and judicial decisions are referred to as legislation or acts. - They are subject to change, and readers are encouraged to stay updated. - U.S. law prohibits discrimination or harassment based on race, color, religion, sex, national origin, age (40+), disability, or genetics. - Employers with 15+ employees (or 50+ for some statutes), labor unions, and employment agencies cannot discriminate in various employment aspects, including hiring, promotions, pay, training, and workplace conditions. - Harassment, stereotyping, and retaliation for discrimination claims are also illegal. - The foundation of diversity legislation is ensuring individuals can work without regard to their demographic group memberships. - Covers private employers, state/local governments, educational institutions (15+ employees), employment agencies, labor organizations, and U.S.-controlled companies abroad. - Exclusions: private membership clubs, religious organizations, and Native American hiring on/near reservations. - Disparate Treatment (intentional discrimination) occurs when an applicant/employee is treated differently due to protected class membership. - Examples: - Refusing to hire African Americans as servers. - Not hiring men as childcare workers. - Assuming women lack math skills and denying them math-related jobs. - Not interviewing applicants with Asian or Hispanic names, assuming poor English skills. - Discrimination based on pregnancy, sexual orientation, and gender identity is included under Title VII. - Employment agencies & labor organizations are included because they control job access. - Amendments to the Civil Rights Act allow for punitive damages to punish and deter discrimination. - Compensation for intentional discrimination ranges from \$50,000 to \$300,000, based on employer size. - Jury-awarded damages often exceed these limits but are legally reduced. - Occurs when neutral job policies disproportionately exclude protected groups. - Demonstrated through statistical evidence (e.g., educational requirements, height/weight restrictions). - Employers must evaluate whether requirements are: - Necessary for job performance. - Lacking non-discriminatory alternatives. - Employers are not required to hire unqualified applicants but must ensure selection criteria are fair. - Blanket exclusions of applicants with criminal records disproportionately affect African Americans, Latinos, and Native Americans. - Statistics show these groups face higher arrest/conviction rates, despite similar drug usage rates as Whites. - The "ban the box" movement promotes fair hiring by removing criminal history questions from applications. - EEOC Guidelines suggest employers consider: - Time since offense/sentence completion. - Nature of the job held or sought. - Criminal background checks should align with job relevance and avoid discriminatory exclusions. - Created by the U.S. Department of Labor to help at-risk job seekers find employment. - Provides free bonds for the first six months to employers hiring ex-offenders, substance abusers, and individuals with poor credit or dishonorable discharges. - Has achieved a 99% success rate with over 52,000 placements. - Changing marijuana laws impact employment policies. - Some states prohibit pre-employment THC drug testing. - Employers should monitor legislation to ensure compliance and avoid discriminatory practices. - BFOQs allow limited discrimination based on: - Sex (e.g., hiring women for lingerie fitting rooms). - Age (e.g., pilot retirement age). - Religion (e.g., hiring clergy for religious organizations). - Business necessity applies if a practice disproportionately affects a group but is essential for job performance and has no non-discriminatory alternative. - Discrimination is often less obvious today, occurring through subtle biases rather than overt exclusion. - Studies show: - Whites are more likely to be hired when qualifications are ambiguous. - Stereotypes about race/sex may influence enforcement of attendance policies. - Discrimination occurs if protected status is a factor in hiring/firing, even alongside legitimate reasons. - Harassment includes bothering, tormenting, or ridiculing someone based on protected characteristics. - Illegal if it creates a hostile, intimidating, or offensive work environment. - Harassers can be supervisors, coworkers, or even customers. - Employers must take steps to prevent and stop harassment. - EEOC receives 21,000 -- 28,000 harassment complaints annually - Retaliation includes **firing, demoting, harassing, or penalizing** an individual who: - **Complains about discrimination.** - **Participates in a discrimination proceeding.** - **Opposes discriminatory practices.** - **Title VII and other laws prohibit retaliation.** - In the **federal sector, retaliation is the most commonly alleged and confirmed form of discrimination.** - Created under **Title VII**, the **EEOC began operating in 1965** to prevent and remedy employment discrimination. - Initial response: **Received 9,000 complaints in its first year**, indicating widespread discrimination. - EEOC functions: - Investigates discrimination complaints. - Attempts **conciliation** (settlement) if claims are **meritorious**. - Litigates when settlements fail. - Issues **Right-to-Sue Notices**, allowing private lawsuits. - **Case Statistics:** - Between **68,000 and 100,000 charges** are filed annually. - **60% -- 70% of cases** are dismissed for **"no reasonable cause."** - **15% -- 22% end in merit resolutions**, resulting in **\$200M -- \$300M annually** in settlements. - Despite media attention, **EEOC lawsuits and settlements are relatively rare.** - EEOC also **issues guidelines** to help employers comply with anti-discrimination laws. - Age Discrimination (covered by ADEA) - Protects workers aged 40+ from employment discrimination. - Applies to employers with 20+ employees (including government agencies). - Employers cannot: - Base employment decisions on stereotypes about aging. - Deny training to older employees assuming they won't learn new skills. - Target older workers for layoffs due to age-related assumptions. - Issue: U.S. laws do not protect workers under 40 from age discrimination (unlike the UK & Australia). - Disability Discrimination (covered by ADA & Rehabilitation Act) - Prohibits discrimination against individuals who have, had, or are perceived to have a disability. - Applies to employers with 15+ employees (including government agencies). - Protected areas: - Hiring & firing - Compensation - Job assignments & promotions - Training & recruitment - Use of company facilities - The ADA (1990) strengthened protections for disabled workers, ensuring accessibility and accommodations. - Definition of Disability (under ADA): - Physical or mental impairment that substantially limits major life activities. - History (record) of such an impairment. - Perceived as having such an impairment. - Reasonable Accommodations: - Job restructuring, modified work schedules, remote work, assistive technology, interpreters. - Research shows most accommodations cost less than \$100. - Undue hardship: If accommodations are too costly or burdensome relative to an employer's resources, they may not be required. - Key Protections: - Employers cannot ask about disabilities during hiring but can ask about ability to perform job functions. - The ADA Amendments Act (2008) broadened the definition of disability. - Expanded "major life activities" and clarified that episodic conditions (e.g., multiple sclerosis, cancer in remission) qualify as disabilities. - EEOC Data on Disability Discrimination: - 20% of filed complaints resolved in favor of workers. - Over \$110 million recovered annually for complainants. - Goal: Ensure men and women receive equal pay for equal work. - Key Requirements: - Jobs do not have to be identical but must be substantially equal in skill, effort, responsibility, and working conditions. - Challenges to Effectiveness: - Sex segregation: - Many jobs are dominated by one gender (e.g., teaching vs. management). - Women's jobs typically pay less, reinforcing gender pay gaps. - Employer bias & job steering: - Gender stereotypes push men and women into specific job roles. - Example: Women may be guided toward lower-paying administrative roles. - Seniority-based pay disparities: - Men, on average, have more job tenure, often due to past discrimination. - Benefits of seniority: Higher pay, more vacation, and protection from layoffs. - Performance & merit-based exceptions: - Judgments about performance and skills can be subjective. - Unconscious bias may favor dominant groups (e.g., men over women). - Current Pay Gap: - In 1963, women earned 59 cents per dollar earned by men. - Today, women earn \~82 cents per dollar earned by men---progress, but inequality remains. - The Equal Pay Act helped reduce the gender wage gap but has limitations due to: - Sex segregation in jobs - Exceptions based on merit, seniority, or performance - Pay disparities have decreased: - Early 1960s: Women earned less than 60 cents per dollar compared to men - 1980s: Women\'s wages increased to about 75 cents per dollar - Current: Wage gap plateaued despite increased education and work hours for women - Some researchers argue wage differences stem from \"choices\" in career, workforce participation, and hours worked, but gender role socialization and societal expectations influence these choices. - Despite challenges, the Act has been used successfully in lawsuits proving sex-based pay discrimination. - Notable EEOC cases: - EEOC v. Woodward Governor Co. -- Discrimination in pay, settled for \$10 million. - EEOC v. Morgan Stanley -- Discrimination in compensation, promotions, and conditions of employment, settled for \$54 million. - EEOC v. Courtyard Monroe Airport/Aimbridge Hospitality -- A male worker was paid 38% more than his female supervisor, case settled for \$400,000. - EEOC v. First Metropolitan Financial Services -- Female branch managers were paid less than male managers, settlement \$100,000. - EEOC v. Covenant Medical Center -- A female employee was paid \$32/hour, while male coworkers earned \$35-\$40/hour, she was awarded \$104,707. - EEOC v. Cummins, Inc. -- A woman in a call center was paid \$41,000, while a male new hire earned \$47,000, she received \$77,500. - Prior pay disparities affect women, and some states have laws banning salary history inquiries to prevent wage discrimination. - Addressed pay secrecy and filing deadlines for wage discrimination claims. - Lilly Ledbetter case: Worked for Goodyear Tire for 18 years, later discovered male counterparts earned significantly more. - Supreme Court ruled against her due to 180-day filing limit, prompting new legislation. - Law restored rolling deadlines for discrimination claims: - 180 or 300 days from when: - A discriminatory pay decision is made. - The individual is subject to discrimination. - The individual\'s pay is affected by prior discrimination. - Covers pay discrimination under: Title VII, ADEA (age discrimination), and ADA (disability discrimination). - Prohibits genetic-based employment discrimination in: - Hiring, firing, promotions, pay, job assignments, etc. - Employers cannot acquire or use genetic info, including: - Genetic tests of employees or their family members. - Family medical history (often linked to race, ethnicity, sex, disability). - First cases in 2010: - 201 claims filed, 12.5% resolved in favor of employees. - Cases continue, with merit resolutions between 13%--31% annually. - Illegal under Title VII to discriminate based on: - Race, personal characteristics (hair, skin color, features). - National origin (ethnicity, accent, birthplace). - Notable cases: - Colorado company class action -- Discriminated against African Americans, Hispanics, Asians, and women in pay and promotions, settled for \$5 million. - Racial/Ethnic harassment is illegal and often overlaps with other forms of discrimination. - Title VII Protection: Prohibits discrimination based on religion, including lack of belief. Requires reasonable accommodations for sincerely held religious beliefs unless it poses undue hardship. - Employer Exceptions: Religious organizations can prefer employees of their own faith. - EEOC Lawsuits: - Walmart & Supercuts cases: Initially accommodated Sabbath requests but later denied them, leading to lawsuits. - Previous Supercuts case: Settled for \$3.5 million after a White manager refused to discriminate against Black employees. - Key Issue: One-time diversity training is insufficient; continuous monitoring and training are needed. - Increase in Religious Discrimination Claims (2022): Spiked to nearly 19% due to COVID-19 vaccine mandates. - Definition: Treating applicants/employees unfairly based on sex, sexual orientation, gender identity, or pregnancy. - History: Title VII originally faced opposition, but feminist advocacy ensured its inclusion. - Persistent Issues: - Women still experience lower pay, hiring discrimination, and workplace harassment. - Safelite Glass Case (2023): A woman was denied an auto glass technician position due to gendered lifting concerns; company settled for \$45,000. - Hooters & Jillian's Cases: Companies faced lawsuits for sex-based hiring discrimination against men. - Monetary Awards: Nearly \$200M awarded in sex discrimination cases, primarily benefiting women. - Definition (EEOC, 1980): Unwelcome sexual advances or conduct that affects employment conditions or creates a hostile work environment. - Types: - Quid pro quo: Employment benefits are conditioned on sexual favors. - Hostile work environment: Persistent sexual remarks, offensive materials, or threats. - EEOC Case Example (2020): Female welder harassed at a steel plant; subjected to verbal abuse and unsafe conditions. - Prevalence: - Estimated 75% of working women experience harassment; most do not file complaints. - EEOC receives 6,000--8,000 harassment charges yearly (83-84% from women). - Low Success Rate: Most claims do not result in employer liability. - Customer Harassment: Employers are liable if they allow customers to harass employees (e.g., Love's Travel Stops case). - Likelihood of Lawsuits: Although lawsuits are rare, sexual harassment has significant negative consequences for individuals and organizations. - EEOC Recommendations: - Clear and widely communicated harassment policy. - Employee education on sexual harassment and their rights. - Multiple channels for reporting harassment. - Prompt and thorough investigations. - Disciplinary action based on severity, from warnings to termination. - Restoring lost employment benefits if harassment affected career opportunities. - EEOC Guidelines: Organizations should monitor EEOC updates for compliance and best practices, even if not bound by U.S. laws. - Pregnancy Discrimination Act (PDA) (Amendment to Title VII) - Protects against discrimination based on pregnancy, childbirth, or related medical conditions. - Employers must offer the same benefits for pregnancy as for other temporary medical conditions. - Pregnant employees cannot be forced to take leave if they are able to work. - EEOC Cases: - Walmart (Jamey Stern case): Long-term refusal to hire a pregnant worker. - Cincinnati Bell: Deducted maternity leave from service credit, affecting pensions and retirement benefits. Settlement included financial relief and credit restoration. - Pregnant Workers Fairness Act (PWFA) -- Effective June 27, 2023 - Requires reasonable accommodations (e.g., seating, flexible hours, extra breaks). - Applies only to accommodations, not general pregnancy discrimination laws. - Supreme Court Ruling (2020): Title VII's protection against sex discrimination extends to LGBTQ+ employees. - Forms of Discrimination: - Harassment, job segregation, denial of benefits. - Repeated misgendering or use of a dead name may create a hostile work environment. - Employers must allow employees to use restrooms matching their gender identity. - State & Local Laws: Due to ongoing legislative changes, individuals should check the most current laws in their jurisdiction. - Executive Orders 11246 & 11375 (1965--1966) - Federal contractors (\>\$10,000 in contracts) cannot discriminate based on race, sex, or national origin. - Larger contractors (≥50 employees, ≥\$50,000 in contracts) must develop Affirmative Action Plans (AAPs) to ensure diversity. - Utilization Analysis: Compares workforce demographics with available labor market to identify underrepresentation. - Corrective Actions (Not Quotas): - Targeted recruitment (e.g., HBCUs, Hispanic-serving institutions). - Additional training programs. - Hiring goals (not legal quotas). - EEOC Cases: - Walmart: Systematic gender discrimination in warehouse hiring. Settlement required preferential hiring for women in future positions. - OFCCP Compliance Reviews: - Monitors hiring/promotion practices to prevent discrimination. - Can result in financial penalties, back pay, or loss of government contracts. - OFCCP also offers assistance in developing AAPs. - Interconnection: Affirmative action (AA) in employment and education are related. - Dr. Patricia Gurin's Research: - Diversity in education promotes: - Increased commonality among different racial/ethnic groups. - Greater perspective-taking abilities. - Critical thinking and democratic values. - Benefits apply to both White students and students of color. - Corporate Support for Diversity & Affirmative Action - Many Fortune 500 companies recognize the benefits of diversity. - CEO Support: - 95% of major corporations supported AA even during Reagan's efforts to curtail it. - 94% of CEOs believed AA improved hiring and marketing. - Impact of Affirmative Action in Employment - Firefighting Example (LAFD): - 1973: 94% White, 100% male. - 1995: More diverse workforce (White 55%, Latino 26%, Black 13%, Asian 6%, Women 4%). - Wage Impact: Employees at AA companies earn more than those at non-AA companies. - Other Beneficiaries of Affirmative Action - Rehabilitation Act of 1973: Requires affirmative action for people with disabilities. - Vietnam Era Veterans' Readjustment Assistance Act (1974): Covers disabled and Vietnam War veterans. - Common Misconception: AA is not just for women and minorities---many beneficiaries are White men (e.g., veterans). - Family and Medical Leave Act (FMLA) (1993) - Purpose: Supports workers needing unpaid leave for personal or family health reasons. - Key Provisions: - Up to 12 weeks of unpaid leave. - Covers employers with 50+ employees. - Applies to workers with 1,250+ hours in the past year. - Criticisms: - No requirement for paid leave. - Excludes small business employees, parents-in-law, extended family, and unmarried partners. - Many who need leave do not qualify. - State and Local Extensions of FMLA - Some states expand FMLA to include extended family members and unmarried partners. - 2010 Update: Includes those in parental roles, such as grandparents or aunts/uncles raising children. - Other Diversity-Related Laws and Policies - CROWN Act: Prohibits discrimination based on natural hairstyles (affects African Americans). - Supreme Court (2020): Ruled Civil Rights Act protects LGBTQ+ employees. - Age Discrimination: Some states prohibit age discrimination for workers under 40. - Caste Discrimination: - 2023: Seattle became first U.S. city to add caste to anti-discrimination laws. - Caste system, though illegal in India, still affects Indian workers in the U.S. - Diversity in the Judiciary & Judicial Decisions - Judicial Demographics: \~90% of federal/state judges are White. - Study: \"Myth of the Color-Blind Judge\" (Chew & Kelley): - White judges rule against racial harassment plaintiffs 79% of the time. - Black judges rule against them 54% of the time. - Black judges more likely to empathize with minority plaintiffs. - Nancy Crowe's Study: Female judges more likely to rule for plaintiffs in sex discrimination cases. - Age discrimination - treating an applicant or employee less favorably than others because of their age. - Associational discrimination - discrimination against one individual on the basis of their relationship with or association with another individual. - Color discrimination - treating someone unfavorably because of their skin color. - Constructive discharge - when an employer discriminatorily creates working conditions that are so diffi-cult, unpleasant, or intolerable that a \"reasonable person\" would feel compelled to resign. - Disability discrimination - treating an applicant or employee unfavorably because they have, previously had, or are perceived to have a disability. - Disparate impact/Adverse impact - when an apparently neutral, evenly applied job policy or employment practice has a negative effect on the employment of people belonging to protected classes. - Disparate treatment/Adverse treatment - when an applicant or employee is treated differently because of membership in a protected class. - Gender role socialization --- the process by which social institutions, including families, friends, organiza-tions, and the media, form and shape expectations of acceptable behaviors for men and women. - Genetic information - information about an individual\'s genetic tests or those of an individual\'s family members, as well as information about disease or disorder in an individual\'s family medical history. - Harassment - bothering, tormenting, troubling, ridiculing, or coercing a person because of race, color, religion, sex, national origin, disability, and/or age. - Hostile environment harassment --- unwelcome conduct that has the purpose or effect of unreasonably interfering with job performance, or creating an intimidating, hostile, or offensive working environment. - Merit resolutions --- charges with outcomes favorable to charging parties and/or charges with meritorious allegations. These include negotiated settlements, withdrawals with benefits, successful conciliations, and unsuccessful conciliations. - National origin discrimination - treating someone unfavorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background (even if they are not). - No reasonable cause --- EEOC\'s determination not to proceed further with its investigation. This determination does not certify that the respondent is in compliance with relevant statutes. In this determination, the EEOC makes no decision about the merits of claims alleged in the charge. The charging party may exercise the right to bring private court action. - Quid pro quo harassment - when managers, supervisors, or others with authority make sexual demands, and submission to or rejection of those demands is used as a basis for employment decisions. - Race discrimination - treating someone unfavorably because they are of a certain race or because of personal characteristics such as hair texture, skin color, or features associated with race. - Racial or ethnic harassment - threatening or exclusionary behavior having a racial or ethnic component that is directed at an individual because of their race or ethnicity and that creates a work environment infused with racial or ethnic bias. - Reasonable accommodation --- changes to the way things are usually done that can be implemented to enable a person to apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment without causing undue hardship to the employer. - Religious discrimination - treating someone unfavorably because of their religious beliefs or lack thereof. - Religious discrimination - treating someone unfavorably because of their religious beliefs or lack thereof. - Retaliation - is firing, demoting, harassing, or otherwise penalizing an individual who complains about discrimination, participates in a discrimination proceeding, or otherwise opposes discrimination - Sex discrimination --- treating an applicant or employee unfavorably because of their sex, sexual orientation, gender identity, or pregnancy. - Sexual harassment - unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that explicitly or implicitly interfere with a person\'s employment; unreasonably interfere with their work performance; or create an intimidating, hostile, or offensive work environment. Chapter 4: Blacks/African Americans Sunday, February 2, 2025 9:56 PM   - History of Black Americans in the United States - Slavery and Early Discrimination - 1619: First Africans sold into servitude in what is now the U.S. - Whites were also indentured servants, but this practice ended while African enslavement continued. - 1863: Lincoln\'s Emancipation Proclamation formally ended slavery. - 1865: Civil War ended, but African Americans were still denied equal rights. - Jim Crow and Segregation (1865--1964) - \"Separate but equal\" laws led to inferior facilities and services for Black Americans. - Enforced segregation in housing, transportation, education, and burial. - Many discriminatory laws and violent actions targeted Black communities. - Racial Violence and Targeting of Black Communities - Post-slavery backlash: White mobs burned Black businesses and homes, lynched and murdered Black people. - 1896--1920s: Widespread race-based riots, including in Atlanta, Chicago, East St. Louis, and Washington, D.C. - Red Summer (1919): 25 major race riots killed hundreds of Black people. - Tulsa Race Massacre (1921): - Greenwood community (\"Black Wall Street\") was burned down. - 9,000+ Black residents were left homeless. - Economic loss equivalent to \$260M--\$312M today. - Great Migration and Discrimination in the North - Black Americans moved north for economic opportunities and to escape the South's racial violence. - Racism persisted in the North: - Better wages than sharecropping, but best jobs still reserved for Whites. - Housing and education remained segregated and inferior. - Northern cities experienced some of the deadliest race riots. - Black migration shifted discrimination previously directed at lower-class White immigrants onto Black workers. - Long-Term Consequences - Centuries of discrimination have lasting economic and social impacts on Black Americans. - Black Americans remain the most likely targets of hate crimes, including racially motivated mass shootings. - Black Americans in the Military - Early Military Service - Black men fought in: - The French and Indian War, American Revolution, War of 1812, Civil War, and both World Wars. - Despite their service, they faced segregation and discrimination. - Revolutionary War Black soldiers fought for American independence but remained enslaved. - World War II and Military Segregation - Black servicemen were limited to lower-status jobs (e.g., janitors, laborers, clerks). - Consequences of segregation: - Reduced economic opportunities post-military. - Fewer transferable job skills and lower pensions. - Discrimination in military justice: - Black soldiers were falsely accused more often than Whites. - Faced harsher punishments, including more life sentences and dishonorable discharges (which disqualified them from veteran benefits). - Segregation on military bases: - Black soldiers had to use separate facilities. - German POWs had more privileges than Black U.S. soldiers. - Post-WWII lynchings: Some Black veterans were attacked and killed by White civilians. - Modern-Day Military - Today, Black Americans are the largest minority group in the U.S. military (2.2 million veterans). - Challenges remain: Black officers are still underrepresented in top leadership positions. - Civil Rights Movement (1950s--1960s) - Key Figures - Leaders & Activists: - Medgar Evers, Fannie Lou Hamer, Dorothy Height, Dr. Martin Luther King Jr., Rosa Parks, Malcolm X. - Jackie Robinson (sports activism). - Bayard Rustin (LGBTQ+ and civil rights advocate). - Sit-ins (1960s): - College students protested segregated lunch counters. - Arrested and jailed, but replaced by new waves of students. - Northern stores connected to Southern locations faced economic boycotts as a result. - Boycotts (\"Don\'t buy where you can\'t work\"): - Started in 1938 to protest employment discrimination. - By 2020, Black buying power reached \$1.3 trillion, a 20% faster growth rate than White buying power. - Allies in the Movement: - Many White Americans participated and faced severe backlash. - Jewish Americans made up \~⅔ of White civil rights activists. - Michael Schwerner & Andrew Goodman (Jewish activists) and James Chaney (Black activist) were murdered for their activism. - Albert Einstein supported civil rights. - Results of the Civil Rights Movement - Economic, legal, and social pressure led to policy changes. - Key legislation: - Civil Rights Act of 1964 (banned segregation and job discrimination). - Executive orders on affirmative action. - **History of Blacks in the United States** - **Slavery & Segregation:** - **First Africans sold in the U.S. in 1619; slavery lasted until 1863 (Emancipation Proclamation).** - **Jim Crow laws (1865--1964) enforced segregation, leading to systemic discrimination.** - **Racial Violence & Displacement:** - **Post-slavery, Black communities were targeted with riots, lynchings, and land theft.** - **Notable events: Red Summer (1919), Tulsa Massacre (1921).** - **Great Migration: Many Black families moved North but still faced discrimination.** - **Blacks in the Military** - **Discrimination in Service:** - **Black soldiers served in major wars but were segregated and assigned menial jobs.** - **Faced racism in courts-martial, accusations, and even lynching.** - **WWII-era: Black soldiers had fewer benefits, and discrimination persisted even in the military.** - **Today: 2.2 million Black veterans, but underrepresentation in high-ranking positions.** - **Civil Rights Movement** - **Key Figures & Actions:** - **Leaders: MLK Jr., Rosa Parks, Malcolm X, Medgar Evers, Fannie Lou Hamer.** - **Protests: Sit-ins, boycotts (\"Don\'t buy where you can\'t work\").** - **Civil Rights Act of 1964: Banned racial discrimination in employment & public spaces.** - **Black Lives Matter: Modern movement highlighting systemic racism in policing.** - **Relevant Legislation & Economic Impact** - **Title VII of the Civil Rights Act:** - **Prohibits racial discrimination in employment and protects against retaliation.** - **Affirmative action helps Black workers earn more in certain jobs.** - **Wealth & Employment Disparities:** - **Black unemployment consistently higher than other racial groups.** - **Black men have lower participation rates; Black women slightly higher than other women.** - **Black workers experience longer unemployment periods and higher underemployment.** - **Education & Employment** - **Historical Barriers to Education:** - **Laws banned enslaved people from learning to read.** - **Segregation in education continued until Brown v. Board of Education (1954).** - **Educational Progress & Disparities:** - **More Black students earning degrees, but disparities in hiring and wages persist.** - **Education improves employment rates and earnings, but racial gaps remain.** - Slavery & Segregation: - First Africans sold in the U.S. in 1619; slavery lasted until 1863 (Emancipation Proclamation). - Jim Crow laws (1865--1964) enforced segregation, leading to systemic discrimination. - Racial Violence & Displacement: - Post-slavery, Black communities were targeted with riots, lynchings, and land theft. - Notable events: Red Summer (1919), Tulsa Massacre (1921). - Great Migration: Many Black families moved North but still faced discrimination. - Blacks in the Military - Discrimination in Service: - Black soldiers served in major wars but were segregated and assigned menial jobs. - Faced racism in courts-martial, accusations, and even lynching. - WWII-era: Black soldiers had fewer benefits, and discrimination persisted even in the military. - Today: 2.2 million Black veterans, but underrepresentation in high-ranking positions. - Civil Rights Movement - Key Figures & Actions: - Leaders: MLK Jr., Rosa Parks, Malcolm X, Medgar Evers, Fannie Lou Hamer. - Protests: Sit-ins, boycotts (\"Don\'t buy where you can\'t work\"). - Civil Rights Act of 1964: Banned racial discrimination in employment & public spaces. - Black Lives Matter: Modern movement highlighting systemic racism in policing. - Relevant Legislation & Economic Impact - Title VII of the Civil Rights Act: - Prohibits racial discrimination in employment and protects against retaliation. - Affirmative action helps Black workers earn more in certain jobs. - Wealth & Employment Disparities: - Black unemployment consistently higher than other racial groups. - Black men have lower participation rates; Black women slightly higher than other women. - Black workers experience longer unemployment periods and higher underemployment. - Education & Employment - Historical Barriers to Education: - Laws banned enslaved people from learning to read. - Segregation in education continued until Brown v. Board of Education (1954). - Educational Progress & Disparities: - More Black students earning degrees, but disparities in hiring and wages persist. - Education improves employment rates and earnings, but racial gaps remain. - Access & Treatment Discrimination - Access discrimination: Denying employment opportunities based on race, name, skin tone, or other non-productivity-related factors. - Treatment discrimination: Providing fewer job-related rewards, resources, or opportunities despite qualifications. - Despite legal protections (Title VII of the Civil Rights Act), discrimination persists, as shown in research studies and EEOC cases. - Bertrand & Mullainathan Study: - Black-sounding names (e.g., Jamal, Lakisha) received 50% fewer callbacks than White-sounding names (e.g., Greg, Emily). - A White-sounding name had the same advantage as eight additional years of experience. - Higher credentials improved White applicants' chances but had no effect for Black applicants. - Fryer & Levitt Study: - Distinctively Black names became more common between 1961-2000. - Employers use names as proxies for socioeconomic status and productivity. - Even elite university graduates (Harvard, Duke, Stanford) faced disparities in callback rates based on race. - Gaddis Study: - White candidates from elite universities: 17.5% callback rate. - Black candidates from elite universities: 12.9% callback rate. - Black candidates from less selective universities had the lowest rate (6.5%). - Black employees modify behavior, speech, and appearance to conform to White-dominant workplace norms. - Goal: Minimize bias and increase access to opportunities. - Example: Avoiding emotional expressions to counter the \"angry Black woman\" stereotype. - Holzer Study (DOL Chief Economist): - Smaller firms hire fewer Black employees than large firms. - Larger firms more likely to have affirmative action programs and structured hiring, reducing discrimination. - Black hiring rates would be 40% higher if small firms matched large firms' hiring practices. - Bendick & Cohn Study: - Black applicants were hired at only 75% the rate of Latinos. - Many hiring agencies segregated jobs by race. - Studies found: - Black and Latino applicants with clean records were as unsuccessful as White applicants with a felony. - Employers who actually check criminal records are more likely to hire Black applicants than those relying on stereotypes. - Mandatory drug testing increases Black employment (7%-30%) and wages (1.4%-13%), reducing statistical discrimination. - Civil rights act being challenged now, look at title 7, age discrimination act, Americans with disabilities act, ada vs. ada , equal pay - Comprise 13% of the population - 80% under age 50 and 30% aged 18 or younger - Have large population but shorter life expectancy - More black will enter the workforce in the future - Experience access and treatment discrimination ,crime, poverty, and lower income and health insurance rates, which affect life expectancy - 1619 : first sale of enslaved Africans - 1863: emancipation proclamation ends the formal institution of slavery - 1865 to 1964: separate but equal\" segregation under Jim crow laws, separate meant unequal, inferior, and substandard facilities - 1964: passage of the civil rights act , which made employment discrimination formally illegal - Access discrimination: stereotypes and prejudice, instructions to discrimination, name-based discrimination, statistical discrimination - Treatment discrimination: performance rater bias based on similarity effect, higher likelihood of being laid off despite similar qualifications and seniority - Glass ceiling: invisible barrier that prevents woman, people of color, and people with disabilities from progressing beyond a certain level in organization - Glass walls: invisible barriers that confine minorities - Employment and Performance Ratings - Meta-analysis by Kraiger & Ford (15-year study, 74 studies analyzed): - White managers gave higher ratings to employees of the same race. - Since Whites are more likely to be managers, White employees benefit more. - Race effects were strong in field studies but not in lab settings. - Training did not reduce same-race bias, but having more Black employees in a workgroup helped reduce race effects. - Job Satisfaction, Career Progress, & Performance Evaluations - Study of 828 managers in banking, communications, electronics: - 93% of supervisors were White. - Black managers were more likely to: - Experience career plateaus (lack of promotions). - Have less job discretion & less organizational acceptance. - Receive lower performance ratings from supervisors. - 4% of performance rating variance was due to race. - Lower evaluations = lower wages, creating long-term disparities. - Layoffs & Education Disparities - National 5-year study of high-level employees: - 31% of Black employees were laid off vs. 16% of Whites. - Education (college/graduate degrees) reduced layoff risks for Whites but not for Blacks. - Lawsuits Highlighting Discrimination - Coca-Cola lawsuit (\$192.5M settlement): - Black employees earned \$26,000 less than White counterparts & faced promotion barriers. - Texaco lawsuit (\$140M settlement): - Executives made racist comments that were publicly exposed. - Lowe's incident: - Black delivery driver removed from delivery at a customer\'s request. - Glass Ceiling & Glass Walls - Glass ceiling: Invisible barrier limiting career growth of minorities & women. - Begins at lower levels (first-line management), not just executive levels. - Black professionals are rarely found in Fortune 500 top positions. - Glass walls: Restrict minorities to specific roles (e.g., HR, communications), preventing access to leadership pipelines. - Contributing factors: - Less challenging work assignments → fewer skill-building opportunities. - Lack of constructive feedback due to fear of being seen as racist. - Limited client assignments based on race, affecting earnings and promotions. - Negative Health Effects of Workplace Discrimination - Harassment incidents: - Nooses, racist graffiti, racial slurs reported at Lockheed Martin, Northwest Airlines, Earl Scheib. - Example: Lockheed Martin employee endured a year of racial jokes, threats, and harassment → was fired after reporting it. - EEOC awarded him \$2.5M (largest single-person settlement). - Microaggressions impact mental & physical health (hypertension, heart disease). - Examples: - \"You're not like other Blacks.\" - Surprise at fluency in English. - Being ignored or followed in stores. - Racial Socialization & Profiling - Black parents prepare children for bias through racial socialization: - Teach cultural heritage, coping mechanisms, and police interaction guidelines (e.g., keep hands visible). - Racial profiling by law enforcement documented in U.S., Canada, UK: - Canada study: Black people = 9% of population but 70% of police-caused deaths. - U.S. study: 22 million Americans reported profiling. - Black men are disproportionately killed by police due to racial bias and media stereotypes of Black men as criminals. - Police Brutality & Racial Profiling - High-profile cases of fatal police violence against Black individuals: - Oscar Grant (shot in the back when an officer mistook his gun for a Taser). - Amadou Diallo (shot 19 times by NYPD officers who mistook him for a suspect). - Akai Gurley (killed in a dark stairwell in what police called an accident). - Study by Close & Mason (Florida Highway Patrol, 1.3M traffic stops): - White officers conducted more searches than Black & Latino officers. - Black & Latino drivers were searched more often, despite being no more likely to have contraband than White drivers. - Disproportionate violence against Black women: - Tanisha Anderson, Sandra Bland, Atatiana Jefferson, Yvette Smith, Tarika Wilson---killed in police encounters. - Police rarely charged or convicted even with video evidence. - A White & Japanese officer sexually assaulted numerous Black women; victims feared reporting to the police. - Implicit Bias & Police Shootings - Implicit bias affects policing, healthcare, education, employment, and sentencing. - Studies on police shooting decisions: - People (including officers) shot armed Black targets faster than armed White targets. - Unarmed White targets were spared more quickly than unarmed Black targets. - Real-life example: - A Black therapist was shot while helping his autistic Hispanic client. - When asked why, the officer responded, \"I don\'t know.\" - Racial Disparities in Healthcare & Other Areas - Healthcare: - Studies show Black patients receive worse care due to implicit bias (e.g., myths about pain tolerance). - More Black physicians in an area → better life expectancy for Black residents. - Employment & sentencing: - Bias in hiring, workplace treatment, and legal outcomes contributes to long-term racial disparities. - Black Immigrants vs. Native-Born Black Americans - 12% of U.S. Black population is foreign-born. - Caribbean immigrants (Jamaica, Haiti, etc.) make up 46%. - Differences in experiences & expectations: - Black immigrants from majority-Black countries may not expect racial discrimination in the U.S. as strongly. - Later generations of Black immigrants become more aware of systemic racism. - Education & employment: - African immigrants have higher education rates than most other immigrant groups but still face workplace discrimination. - Example: A Maryland company settled a \$1.6M lawsuit for systematic discrimination against African employees. - Black Women in the Workforce - Misperceptions: - Some believe Black women are lazy & prefer welfare. - Others assume Black women benefit unfairly from affirmative action. - Reality: - Black women have the highest labor force participation among all women. - 59% of Black women in leadership want to be executives (vs. 49% of women overall). - Black women receive more doubts about their qualifications for promotions. - Single-mother stereotype is used to justify workplace discrimination. - Racialized sexual harassment: - Combines racial & sexual discrimination (e.g., Whirlpool case). - Black women are overrepresented in sexual harassment lawsuits. - Consumer Racial Profiling - Discriminatory treatment of Black customers harms businesses: - Denial or degradation of service based on race. - Can lead to boycotts, lawsuits, & reputational damage. - Occurs in businesses of all sizes and affects Black customers across all socioeconomic levels. - Recommendations for African Americans - Education: - Obtain a college degree to improve employment outcomes. - Persist in education and aim for advanced degrees. - Share information about the benefits of higher education with others. - Employment Strategies: - Seek jobs at affirmative action firms and larger companies, which have structured hiring processes. - Avoid race-segregated firms to maximize earnings potential. - Be persistent in job searching, recognizing that discrimination exists but should not be internalized. - Consider résumé-whitening (e.g., using initials) as a strategy, but weigh the ethical and personal impact. - Recommendations for Black Women - Workplace Strategies: - Avoid racially and gender-segregated work to maximize salary potential. - Work at unionized or affirmative action firms, as they tend to offer better wages and opportunities. - Negotiate salaries rather than accepting the first offer. - Utilize federal, state, and professional resources for salary benchmarking. - Be aware of legal protections against discrimination and know where to seek help. - Entrepreneurship: - Starting a business offers flexibility, leadership, and a diversity-friendly work environment. - Recommendations for Organizational Change - Hiring & Promotion: - Implement structured hiring programs and diverse selection teams to minimize bias. - Regularly analyze hiring, promotion, and pay disparities based on race and gender. - Conduct exit interviews to assess whether discrimination affects employee turnover. - Use affirmative action strategies, even if not legally required, to improve workplace equity. - Workplace Culture & Performance Evaluation: - Evaluate if racial minorities are being hired, promoted, and compensated fairly. - Identify potential glass ceilings preventing career progression for Black employees. - Monitor employee turnover rates and investigate any race-related patterns. - Consumer/Customer Service Recommendations - For African American Consumers: - Be a savvy shopper---research pricing, compare rates, and support diversity-friendly businesses. - Choose dealerships or businesses with transparent pricing to reduce discriminatory overcharging. - Spread awareness of discriminatory and fair business practices through word of mouth. - For Businesses & Organizations: - Train salespeople to avoid racial discrimination and stereotyping. - Conduct internal audits, customer surveys, and mystery shopper tests to identify disparities. - Address customer complaints and ensure fair treatment of all demographics. - Discouraged workers - people not currently looking for work because they believe there are no jobs available for them, for various reasons, including discrimination. - Glass ceiling --- an invisible barrier that prevents women, minorities, and people with disabilities from advancing past a certain level in organizations. - Glass walls --- invisible barriers that confine minorities and women to certain types of positions within organizations. - Hate crime - a crime motivated by bias against race, color, religion, national origin, sexual orientation, gender, gender identity, age, or disability. - Implicit bias --- a form of bias that happens automatically, without the perceiver\'s knowledge, that affects their judgments, decisions, and behaviors. - Participation rates --- the ratio of persons age 16 and over who are working or looking for work divided by the population of people age 16 and over. - Racialized sexual harassment --- the combination of racial and sexual harassment, which includes both sexual and racial derogatory behaviors, comments, and demands, directed at a person because of their race and sex. - Racial microaggressions - brief and commonplace daily verbal, behavioral, or environmental indignities, whether intentional or unintentional, that communicate hostile, derogatory, or negative racial slights and insults. - Racial profiling - using someone\'s demographic characteristics to single them out for scrutiny or differential - Racial socialization - behaviors, communications, and interactions concerning their cultural heritage and the appropriate responses to racial hostility and discrimination that Black parents model and explain to Black children. - Statistical discrimination - using observable characteristics (e.g., race, sex, age) as proxies for information about the productivity of workers. - Treatment discrimination - when people are employed but are treated differently once employed, receiving fewer job-related rewards, resources, or opportunities than they should receive based on job-related criteria. - Underemployment --- the employment of workers at less than their full potential, including those working part-time, temporary, or intermittent jobs but desiring regular full-time work; those working for lower wages than their skills would indicate or in positions requiring considerably lower skills than they possess; and those involuntarily working outside of their fields. Chapter 5: Latinos/Hispanics/ latinx Wednesday, February 5, 2025 1:03 PM   - Focus on four main groups: Mexicans, Puerto Ricans, Cubans, and Dominicans. - Each group has a unique history shaped by economic, political, and social factors. - Other Hispanic origins are not detailed due to space limitations. - Mexicans - Pre-U.S. History: Mexican ancestors lived in what is now the U.S. long before Europeans arrived. - Spanish Colonization (1519): Spain conquered Indigenous populations and established \"New Spain.\" - Mexican Independence (1821): Conflicts with the U.S. over Texas boundaries. - Post-Mexican-American War: Mexicans in Texas could remain but faced discrimination. - Discrimination: Exclusion from businesses, lynchings, and limited civil rights. - Great Depression (1929-1939): 2 million Mexicans/Mexican Americans were repatriated, many involuntarily. - World War II Migration: Renewed migration to the U.S.; some learned they were already U.S. citizens. - Assimilation Efforts: Some Mexican Americans avoided Spanish and sought cultural integration. - Census Classification: \"Mexican\" was a racial category in 1930 but was redefined in later censuses. - Education and Legal Battles: - *Mendez v. Westminster (1946)*: Preceded *Brown v. Board of Education* and declared Mexican segregation illegal in CA. - Segregation persisted in TX and other states despite legal rulings. - Civil Rights and Chicano Movement: - Dr. Hector Garcia\'s G.I. Forum fought for Mexican American veterans\' rights. - Outrage over refusal to bury Felix Longoria in a White cemetery led to his Arlington burial. - Chicano Movement (1960s-70s) emphasized heritage, reclaiming \"Chicano\" from racial slur. - Present Day: 60% of U.S. Hispanics are of Mexican origin. - Puerto Ricans - U.S. Acquisition (1898): Gained control during the Spanish-American War. - Jones Act (1917): Granted U.S. citizenship, enabling migration to the mainland. - Great Migration: Many moved to the mainland for work under government contracts. - Circular Migration: Economic factors led many to move back and forth between Puerto Rico and the mainland. - Political Barriers: - Cannot vote in U.S. presidential elections or have full Congressional representation. - Ongoing statehood debates; 2020 referendum favored statehood, but Congress has not approved it. - Diversity: - Racial and economic disparities exist among Puerto Ricans. - Official languages: English and Spanish. - Influenced by a history of slavery, segregation, and color bias. - Economic Status: - Generally lower status in employment and education compared to other Hispanic groups. - Example of success: Supreme Court Justice Sonia Sotomayor. - The history of Hispanics in the U.S. is categorized into four major groups: Mexicans, Puerto Ricans, Cubans, and Dominicans. - These groups differ in historical presence, economic success, and racial identification. - Other Hispanic groups exist but are not covered in detail. - Mexicans - Early History: - Mexican ancestors lived in present-day U.S. before European colonization. - Spain colonized the region in 1519; Mexico gained independence in 1821. - After the Mexican-American War, some Mexicans became U.S. citizens but faced discrimination. - Discrimination & Challenges: - Mexicans faced segregation, lynchings, and were sometimes barred from businesses. - During the Great Depression (1929--1939), many Mexicans were \"repatriated\" (some forcibly). - The U.S. Census classified Mexicans as White in 1940 and 1950 but later identified them as Hispanic in 1980. - Civil Rights & Activism: - Mendez v. Westminster (1946) ruled Mexican school segregation illegal. - Mexican American soldiers faced discrimination after WWII. - Dr. Hector Garcia founded the G.I. Forum to fight for Mexican American rights. - The Chicano Movement (1960s--70s) reclaimed cultural identity and fought for civil rights. - Current Status: - 60% of U.S. Hispanics are of Mexican descent. - Puerto Ricans - Historical Context: - The U.S. took control of Puerto Rico in 1898 (Spanish-American War). - The Jones Act (1917) granted Puerto Ricans U.S. citizenship. - The \"Great Migration\" (1917--1970s) led many Puerto Ricans to move to the U.S. mainland. - Economic & Political Issues: - Many Puerto Ricans faced economic hardship, leading to circular migration. - Puerto Rico's political status remains unresolved---statehood has been proposed but not approved. - Puerto Ricans cannot vote in U.S. presidential elections and lack Congressional representation. - Demographics & Challenges: - Puerto Ricans are diverse in race and many are bilingual. - They experience barriers similar to Hispanic immigrants despite U.S. citizenship. - They have lower socioeconomic status compared to Mexicans and Cubans. - Cubans - Waves of Migration: - First Wave (1959--1962): Wealthy Cubans fled after Fidel Castro's communist takeover. - Second Wave (1965--1974): Middle-class families immigrated under U.S. sponsorship. - Third Wave (1980, Mariel Boatlift): Poorer and Afro-Cuban immigrants faced racial discrimination. - Fourth Wave (1989--present): Continued Cuban migration after communism's fall. - Economic & Social Status: - Early Cuban immigrants received extensive U.S. support. - Lighter-skinned Cubans were more accepted into American society. - Cuban Americans are generally more economically successful than other Hispanic groups. - About half of Cuban Americans reside in Miami. - Dominicans - Migration History: - First wave (1965) followed U.S. military intervention. - Economic instability in the 1980s led to increased Dominican immigration. - The Dominican population in the U.S. has steadily grown since the 1990s. - Economic & Political Influence: - The Dominican Republic is the Caribbean\'s second-largest economy and a U.S. trade partner. - More than 2 million Dominicans live in the U.S., mainly in NY, NJ, and FL. - More than half are foreign-born, and many are bilingual. - Challenges & Discrimination: - Dominicans often experience racial discrimination due to Afro-Hispanic heritage. - Many face economic and social barriers similar to other Hispanic immigrants. - Legislation Affecting Hispanics - Title VII of the Civil Rights Act: Protects against discrimination based on race and national origin. - Affirmative Action: Hispanics benefit but may face bias based on language. - Public Law 94-311 (1976): Requires data collection on Hispanic origin---the only ethnic group with this mandate. - Population & Growth Trends - Hispanic population: - 1990: 22.4 million - 2009: 48.4 million (16% of U.S. population) - 2022: 62+ million - Growth due to immigration and birth rates (Latinas have higher birth rates than other groups). - 80% of U.S. Hispanics are citizens. - Major Hispanic populations are in CA, TX, FL, NY, and other states. - Hispanics are younger than other racial groups (median age under 30). - Demographic Trends & Future Impact - Over 80% of younger Hispanics (under 36) are native-born U.S. citizens, almost twice the rate of older Hispanics. - Hispanics make up 25% of school-aged children, with a rapidly growing youth population. - This growth will impact the population, labor force, and customer base, requiring organizations in education, government, healthcare, and business to adapt. - Education - The U.S. government began collecting data on Hispanic educational attainment in 1974. - Hispanics generally have lower educational levels than other groups: - 75% of Hispanics have a high school diploma (vs. 91% of the total population). - 21% of Hispanics have a college degree (vs. 38% of the total population). - Lower education affects employment, wages, training, and professional development. - Hispanic educational attainment is increasing: - In 2020, 4 million Hispanic students were enrolled in postsecondary education (1 in 5 college students). - Educational attainment varies among Hispanic subgroups: - Cubans (46%) and South Americans (47%) have the highest college enrollment rates (ages 18-24). - Native-born Hispanics are more likely to complete high school and higher education than immigrants. - Diversity & Inclusion Impact: - Discrimination negatively affects academic performance, motivation, and sense of belonging. - The presence of Latino administrators and teachers improves Latino student success. - Programs like the PhD Project aim to increase Latino representation in business education. - Employment & Workforce Participation - Hispanic men have the highest workforce participation rate (75%). - Latinas have the lowest participation rate among women (57%). - Unemployment declines with education, similar to other racial/ethnic groups. - Earnings & Wage Gaps - Hispanic men earn less than White, Black, and Asian men on average. - Hispanic women earn less than all other women and less than Hispanic men. - The biggest gender wage gap occurs at the less than high school level. - Higher education leads to higher earnings for both men and women. - Workplace Discrimination & Barriers - Hispanics face employment discrimination due to education, English fluency, nativity, gender, race, and skin color. - Access & Treatment Discrimination: - Audit studies found Hispanic applicants were 22% less likely to advance in the hiring process. - Hispanic applicants were sometimes told no job was available, while White applicants were later given interviews. - Racial Hierarchies & Workplace Bias: - Discrimination can come from both White employers and other minority groups (inter-ethnic discrimination). - Glass ceilings and walls still exist in diverse workplaces, limiting Hispanic career advancement. - Bystanders to ethnic harassment also suffer from psychological and workplace consequences. - Organizations must take proactive steps to combat workplace discrimination and promote inclusion. - Demographic Trends & Education - 80% of younger Hispanics are native-born, nearly double the percentage of older Hispanics. - Hispanics make up 25% of school-aged children, leading to a growing workforce and customer base. - Hispanic educational attainment lags behind other groups: - 75% have a high school diploma (vs. 91% of the total population). - 21% have a college degree (vs. 38% overall). - Hispanic college enrollment is increasing (4 million in postsecondary education in 2020). - Differences exist within the Hispanic community: - Cubans & South Americans have higher college enrollment rates (\~46-47%). - Native-born Hispanics generally have higher education levels than immigrants. - Discrimination in education negatively affects Hispanic academic success. - Latino administrators and teachers positively impact Latino student performance. - The PhD Project works to increase Latino representation in business education. - Employment & Earnings - Hispanic men have the highest labor force participation (\~75%). - Latinas have the lowest participation among women (\~57%). - Unemployment decreases with education, similar to other racial/ethnic groups. - Hispanic men earn less on average than White, Black, and Asian men. - Hispanic women earn less than all other women and also less than Hispanic men. - The earnings gap is largest at lower education levels. - Workplace Discrimination & Barriers - Hispanics face discrimination in hiring, treatment, and promotions. - A study found Hispanic applicants were 22% less likely to advance in hiring than White applicants. - Workplace hierarchies persist despite diversity in numbers. - Observing discrimination has negative effects on all employees, even non-targets. - Hispanic Immigrants & Workplace Experiences - Hispanics make up \~50% of the foreign-born labor force; Asians \~25%. - Hispanics, particularly darker-skinned individuals, experience workplace discrimination. - Native-born Hispanics have higher workforce participation than other groups. - Hispanic immigrants work in more dangerous industries (e.g., construction, meatpacking). - OSHA has initiatives to improve Hispanic worker safety. - Immigrants, especially undocumented ones, face exploitation (low wages, long hours, harassment). - Skin color affects wages---lighter-skinned immigrants earn \~17% more than darker-skinned immigrants. - Some employers prefer immigrant workers due to their willingness to accept lower wages. - Legal Cases & Workplace Policies - Walmart settled an \$11M case over hiring undocumented immigrants. - Chicken Express was penalized for failing to pay Hispanic cooks overtime. - EEOC initiatives target workplace exploitation of Latino immigrants. - Latinos & African Americans in the Workforce - Some employers prefer Latino immigrants over native-born Black workers. - This creates tensions between minority groups despite shared experiences of discrimination. - Tyson Foods was found guilty of discrimination in separate cases involving both Black and Hispanic applicants. - Black Hispanics face additional layers of discrimination due to racial identity. - Latinas at Work - Workforce Participation: Latinas participate at lower rates than White, Black, and Asian women, but the majority do work. - Job Segregation & Wages: Often in female-dominated, low-wage roles with other women of color; the larger the proportion, the lower the wages. - Regional Trends: - Southwest (Mexican Americans): Agriculture, food processing, housekeeping. - Northeast (Puerto Ricans, Dominicans): Garment industry