Questions Related To Reverse Discrimination
Reverse Discrimination and Related Questions
Reverse discrimination is an attempt to remedy social inequalities by eliminating the discrimination faced by the minority or disadvantaged group by giving rights which were previously denied to them. Depending on the race, ethnicity, gender, color, etc. of these groups, they may be targeted. It is also known as positive discrimination, which is on the principle that similar treatment may retain inequality rather than removing them. The International Convention on the Elimination of All Forms of Racial Discrimination advocates that positive actions help in rectifying such discrimination and removes the conditions that causes inequalities and also these actions requires policies that gives preferential treatment to the minority or the affected class. This article answers some of the commonly asked questions on the subject.
A person had requested that he/she be transferred six months ago due to the harassment from the manager. However, this person did not get transferred, but on the contrary was terminated on an incorrect charge of racial discrimination. This was even after the state of Tennessee not finding enough proof to prove that the conduct was inappropriate. The EEOC also has turned down the reverse discrimination case against the employer. What options does this person have?
Even if the employer does not provide proof for the need of obtaining unemployment benefits, it does not determine that he/she was sacked wrongly. It is hard to find an attorney who would take up an anti-discrimination case which is based on contingency. The main reason for this would be that the Employment Law firms may not be unwilling to invest huge time and expenses without being sure that their clients are completely involved. Therefore, one may consider the option of filing a suit pro se.
A person working with a Latino feels that he/she being a Caucasian is the reason for denial of the promotion by the management. Is this person a victim of reverse discrimination based on race?
To file a case of reverse discrimination one should prove that such treatment was completely because of the race and for this simply stating that one being a Caucasian and the other a Latino is not adequate. The employer will have various reasons to deal with people otherwise in terms of salary and perks; but, if one has proof of discrimination, then he/she may file a case with EEOC. If proved true they might come out with a settlement with the employer. The EEOC might also give a letter giving the right to sue in court if the settlement does not work out.
A person of a younger age feels that the younger lot have to do more demanding jobs than their older colleagues though the wages, benefits, classification, etc. are the same. Is there a case for reverse discrimination?
Under the Age Discrimination in Employment Act (ADEA), suing for age discrimination cases has been denied by the courts, so there may not be a case in this situation.
Who should be approached to file a case of reverse discrimination if he/she believes that ones son has been subjected to reverse discrimination?
One needs to lodge a complaint with the school authorities including the principal and the teachers, and may also contact the elected representatives or the US Department of Education Office of Civil Rights for downloading a complaint form.
A person suffering from Aspergers syndrome was retaliated by a female colleague after he stated that he wanted to stay loyal to his wife, but she had developed feelings for him. However the female colleague subverted the persons projects and spread rumours which affected his reputation which in turn led to warnings by the management and ADA also denying the persons request for a reasonable accommodation. What options does this person have as his future and present career is at a risk and can he sue for reverse sexual discrimination?
Firstly one has to confirm whether all the administrative options in the company are exhausted as this allows registering a complaint with the HR and also asking for shift in location or department which is very important for a lawsuit or for a legal claim to be filed with the EEOC.
In the above scenario it is evident that majority of the harassment that one has undergone is related to Aspergers and not because of the employee being a male. However, the managements actions were based on the complaints related to sexual conduct. Hence, a diagnosis for Aspergers would help if the case is taken to court. It would not mean that the person does not have a case for sexual discrimination, but one may have a better chance if an ADA claim is filed.
Reverse discrimination cases are tough to prove as most of the courts concentrate on
workplace discrimination cases except where race and gender are involved. But, if one feels that they are prone to reverse discrimination then they may
ask an employment lawyer.
by: MeghanJones
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