Legal question. Would like a lawyer to answer or someone who's been involved in this type of situation. Can discrimination happen illegally at a workplace if different races of all types (Hispanic, black, asian, etc) have put in for the same types of promotions as whites, yet everytime a white caucasian is given the job and it is proven that the promotions were by the same set of people in each promotion? Or does the discrimination have to happen to a set race group? (Black)(Asian)(Hispanic)
2007-08-09 11:06:28 · 4 answers · asked by Carrie C 2 in Politics & Government ➔ Law & Ethics
In this particular situation, it has to be proven that the decision maker(s) did not select the most qualified candidate because of their race.
That the decision maker and the person selected are both of the same race does not signify discrimination.
Discrimination can happen to any race, Caucasians included.
Your scenario would require an investigation to determine that non-race related issues factored into the selection of the person who was hired.
Hope this helps.
2007-08-09 11:37:43 · answer #1 · answered by ken erestu 6 · 0⤊ 0⤋
Under the law, all employees are to be treated equally and given the same consideration for all perks and promotions, regardless of race, nationality, color, sex, creed, etc., etc.
If you can PROVE that the person who is promoted in these situations is always of a certain race or class and is ONLY given that job due to that race, etc., then it is discrimination. But that is very, very hard to prove.
It doesn't necessarily have to be a white thing, either. If, for example, a business owner decided to only promote the Black or Hispanic workers, and only because of their race, then he would be discriminating, too.
If you think you might be a victim of discrimination, contact the labor board in your state. They will have someone review all of the facts and they can tell you whether or not you have a case, and also possibly recommend a lawyer if necessary.
2007-08-09 18:12:38 · answer #2 · answered by Hillary 6 · 1⤊ 0⤋
You have to show that it is more likely than not that the decision was based on race. The races involved are irrelevant.
2007-08-09 18:10:38 · answer #3 · answered by davidmi711 7 · 0⤊ 1⤋
Discrimination can happen to any race or sex. If you feel discriminated upon you should definitely contact a lawyer and defend yourself so it doesn't happen to anyone else. Stand up for your rights!
2007-08-09 18:10:02 · answer #4 · answered by greysfan 3 · 0⤊ 2⤋