Chapter 6 Flashcards
Phongsavane v Potter
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an Asian employee was unable to prove the discrimination she alleged - she alleged she was not given overtime because she was asian
Bradley v. Pizzaco of Nebraska, INC.
no beard case delivery driver was fired because he would not shave his beard even though the employee had a condition pseudofolliculitis barbae (PFB)
Bamboo Ceiling
the phenomenon that locked Asians out of full advancement in the workplace was known as bamboo ceiling
It shall be an unlawful employment practice for an employer to
1)
fail or reuse to hire or to discharge any individual, or otherwise to discriminate against any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual race color or
2)
to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities
Title VII prohibition of race discrimination generally encompasses
Ancestry, Physical Characteristics, Race Linked Illness, Culture, Perception, Association, Subgroup or Race Plus, Reverse Race Discrimination
National Origin Discrimination
Employment Decisions, Harassment, Accent Discrimination, English Fluency, English Only Rules
To hold an employer liable for racial harassment the employee must show that the harassment was
1 unwelcome 2 based on race 3 so severe or pervasive that it altered the conditions of employment and created an abusive environment, and that 4 there is basis for imposing liability on the employer
It shall be an unlawful employment practice for an employer
(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color … or
(2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color … [Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-2(a).]
What is the first of the prohibited categories in Title VII, the main reason for passage of the law, and it remains, even today, a factor in the lives of many employees
race
the OMB in 1977 issued Statistical Policy Directive Number 15, “Race and Ethnic Standards for Federal Statistics and Administrative Reporting.”
In these standards, four racial categories were established: American Indian or Alaskan Native, Asian or Pacific Islander, Black, and White. In addition, two ethnicity categories were established: Hispanic origin and Not of Hispanic origin
when did the Office of Management and Budget (OMB) announced the revised standards for federal data on race and ethnicity. and what are they?
October 1977 The minimum categories for race are now: American Indian or Alaska Native; Asian; Black or African-American; Native Hawaiian or Other Pacific Islander; and White
Reason for Changing the Old Standards.
1) organizing a workshop to address the issues by the National Academy of Science (2) convening four public hearings, and (3) appointing an Interagency Committee for the Review of Racial and Ethnic Standards, which later developed a research agenda and conducted several research studies
What Are the New Standards for RACIAL AND ETHNIC CLASSIFICATIONS and When Do They Take Effect?
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The minimum categories for race are now: American Indian or Alaska Native; Asian; Black or African-American; Native Hawaiian or Other Pacific Islander; and White
With the OMB’s approval, the Census 2000 questionnaires also include a sixth racial category: Some Other Race. There are also two minimum categories for ethnicity: Hispanic or Latino and Not Hispanic or Latino. Hispanics and Latinos may be of any race.