HRLegalNews.com » “Reverse discrimination” has a big price tag

“Reverse discrimination” has a big price tag

May 8, 2008 by Sam Narisi
Posted in: Latest News & Views, Recent Decisions

It’s not what you expect to see in a race discrimination case. But one company recently had to fork over $500,000 for failing to hire a white job applicant.

In a case of so-called “reverse discrimination,” a white man claimed he was passed over for an open job because of his race. A Hispanic employee was hired instead.

He claimed the firm had an unofficial quota system, giving a third of its jobs to whites, a third to blacks and a third to Hispanics. The employer said that’s just not true, but the jury apparently didn’t buy it. The man was awarded $500,000. The firm’s appealing.

It’s still discrimination

Cases like this re-emphasize the fact that considering race in any way when hiring, firing or promoting can get a company dragged into court. The EEOC has said that, though some courts might make it harder for white plaintiffs to make a case for discrimination, the Commission itself “applies the same standard of proof to all race discrimination claims, regardless of the victim’s race.”

The tough part is that a lot of companies get in trouble when they make hiring decisions in an attempt to increase diversity. When that’s the goal, the best - and most legal way - is to use recruiting methods that get the word out to underrepresented groups. When it’s time to hire, though, one group can’t be preferred over another.

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2 Responses to ““Reverse discrimination” has a big price tag”

  1. Gail Says:

    The following statement from the article above caught my attention immediately:

    “The EEOC has said that, though some courts might make it harder for white plaintiffs to make a case for discrimination………”

    Would this not be considered reverse discrimination?

  2. Forist Says:

    “Some courts might make it harder for white plaintiffs”…and I thought the courts were supposed to be unbiased. What was I thinking?

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