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Job Discrimination Claims Rise to Record Levels

More news stories on Anti-Discrimination Law

Eve Tahmincioglu, MSNBC, March 9, 2009

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Discrimination claims filed with the Equal Employment Opportunity Commission jumped 15 percent in fiscal 2008 to 95,402—the highest level since the agency opened in 1965, said spokesman David Grinberg. That is up from 82,792 claims filed the year before by workers who believe they were discriminated against because of age, race, religion, gender or other reasons.

During tough economic times, discrimination claims tend to rise because more people are losing their jobs and searching for new ones.

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Job discrimination claims on the rise

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[Grinberg] predicts that job bias cases may swell to more than 100,000 in the current fiscal year that began Oct. 1 due to “ongoing mass layoffs and scant hiring, among other factors.”

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Preliminary figures to be released by the EEOC this week show that claims of age discrimination saw the biggest jump last year, up 28.7 percent to 24,582. Retaliation claims, in which employees believe they were fired or demoted based on their complaints of bias or other issues in the workplace, saw the second-largest increase.

Harsh economic conditions, the need by workers to justify or secure compensation for job loss and the frenzy to cut costs have created a volatile mix in the workplace, said Jim Sokolove, a pro-labor attorney in Newton, Mass.

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Many workplace experts believe incidents of discrimination are probably underreported because many workers are reluctant to take legal action. Some workers fear retaliation or being blackballed from their industry. Others may be asked to waive their right to bring charges against an employer in return for severance pay. And proving bias can be a difficult and long process.

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Workers sometimes assert bias claims out of economic distress, said Sarah Pierce Wimberly, a labor attorney for employers at Atlanta law firm Ford & Harrison. “People lose their jobs, and people get desperate.”

Tough times can lead to poor communication in the workplace, making it difficult for employers to make clear to certain workers that they weren’t doing a good job all along, Wimberly said. “So when they become a target of a layoff because of a slowdown in the economy, they don’t know why they were chosen over the guy in the office next to them. They’re left to guess, what’s different about me? My gender? My color? My skin? Or because I have this disability?”

While many bias charges stem from job loss, some workers believe discrimination is involved when their employers cut hours or pay.

And with more competition for available jobs, some job hunters suspect discrimination when they go on interviews and aren’t given an offer.

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Bias in the interview process

Indeed, there may be something to their suspicions.

Eden King, assistant professor of psychology at George Mason University, recently completed research that shows individuals are less inclined to hire women or minorities during tough economic times.

A recent study she conducted with co-researchers found that both white men and white women favored a white male candidate over female and minority candidates when told the economy may be on the decline. But when told the economy was on the mend, white men and white women tended to favor a female Hispanic candidate over a white male, a white female and a black male.

“In good economic times, people know they are supposed to support diversity and will tend to hire a minority candidate to get affirmative action points,” King said. “But when times are tough, people tend to look out for their own group and isolate outsiders, and that’s when discrimination can begin to rear its ugly head.”

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Original article

(Posted on March 9, 2009)

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Comments

1 — Obscuratus wrote at 7:21 PM on March 9:

“In good economic times, people know they are supposed to support diversity and will tend to hire a minority candidate to get affirmative action points,” King said. “But when times are tough, people tend to look out for their own group and isolate outsiders, and that’s when discrimination can begin to rear its ugly head.”

Maybe it’s just better to replace Affirmative-Actioned incompents with white males that (heaven help us) get employed on skill, not whether there’s “enough diversity” or not?

2 — Anonymous wrote at 7:25 PM on March 9:

Not to burst a bubble, but doesn’t the ‘Equal Employment Opportunity Commission’ discriminate against whites as official policy?

3 — Darius wrote at 7:36 PM on March 9:

I am a 30 year old Black man. I graduated from a top 20 law school. Three years ago when I was working at an well-respected Kansas City law firm, I made a complaint to some high ranking officials about how many of my male co-workers would make subtle racist, sexist and homophobic remarks that were inappropriate. I was told by the people in question that they would look into the matter.

I thought that this would be it. However, almost three weeks later, I get called into the office of one of the law partners. He gives me some long sorry about how the company has decided to go into a different direction and other news and that I had the choice to leave and work at another firm in the rural part of the state or I could take a severance package which would also forbid me to sue retroacively if I did so. He also implied that he had many contacts in the legal profession (this was true)could make life very difficult for me if I decided to pursue litigation. He further told me the choice was mine.

Upon hering this news, I was dumbfounded. I was shocked. The law firm that I was given the opportunity to work at was a medicore one in the middle of nowhere. My pay would have been barely a third of what I was making. I became angry.

I began contacting friends in other cities about possible positions available. I ended up taking the severance package which was enough to keep me afloat for a year, leaving Kansas City which had began to grow on me and moved to Denver. I am now in the process of starting my own practice with two other young partners, one White gay male and one White female. We have no doubt that we will succeed given our niche on diversity issues.

I have no doubt that I was targeted for termination by my previous firm due to the fact that I dared to speak out against such unprofessional behavior. They knew I was young and that I would probably not engage in career suicide and jeapordize my future employment prospects by suing such a prominent firm given how well connected he was fact that they offered me a sizebale severance package that they could revoke at any time if I did pursue litigation. In essence, I was told screw with us and we will make your life hell. I was a victim of sophisticated blackmail.

My point is that my experience while not entirely exactly like is very similar in that it demonstrates that if a Black or non-White person or in some cases, woman dares to speak out against unacceptable behavior, he or she will be targeted as a troublemaker, non-collegial, and other things and will be punished for it and quickly terminated.

This is classic racism and sexism.

4 — Anonymous wrote at 7:46 PM on March 9:

The very truth is that in tough economic times, companies only have a certain amount of money and that has to be used to hire the best workers no matter what race it is. Those companies have to be competitive in order to survive. The “diversity workers” (nonperforming workers) are a luxury, affordable only when the economy is doing well. Those “diversity workers” of course were forced upon companies by the government.

5 — Bandmo wrote at 8:25 PM on March 9:

Just maybe in tough economic times those that have someting to lose can’t fool around with “Affrimitave Action” nonsense, thus resulting with these “cry babies”.

6 — Carolinayankee wrote at 9:01 PM on March 9:

I was on the Fort Bragg side of the state on Saturday and saw a very unusual thing. A mexican and WHITE boy putting a new roof on a bank building. The boy down on the ground passing the shingles up was a black boy, complete with the corn rows and Carolina University blue basketball sports clothes on. He seemed interested in what they were doing and was watching the boys on the roof. So for the hell of it, just to see what he’d say, I said, “You need to learn how to do that”. He smiled and said that he wanted to learn and that it was his second day on the job. I noticed too over on that side of the state that there were more blacks actually WORKING and pleasant in the Bisketville Restaurant. The blacks in that area all seem to be polite. And today I worked briefly with a Jamaican CNA and she was extremely efficient and pleasant. I have a good friend up north who is also Jamaican and also a hard worker. I am just reporting observations.

7 — idareya wrote at 9:56 PM on March 9:

Maybe discrimination filings have risen due to people making bogus claims in an effort to get a payoff or a job for which they otherwise would not qualify.

8 — Ted wrote at 11:07 PM on March 9:

Darius:

While your story is riveting and your anger at the time was certainly justified, the fact is that many Whites would have probably have been treated in the same manner.

9 — John wrote at 11:18 PM on March 9:

Darius:

* You worked at a swanky law firm

* You graduated froma top 20 law school

* You are now probably likely to make a fortune along with your tow partners given the breadth of opporutnities that come along with being a diversity oriented law firm

We should all have your problems.

Typical of Blacks. They always complain about being treated unfairly for no good reason.

10 — Sam wrote at 12:20 AM on March 10:

Darius:

Are you sure this was the “real” reason you were let go?

11 — Anonymous wrote at 12:23 AM on March 10:

“My point is… if a Black or non-White person or in some cases, woman dares to speak out against unacceptable behavior, he or she will be targeted as a troublemaker, non-collegial, and other things and will be punished for it and quickly terminated.

This is classic racism and sexism”.

So in other words, it’s about like a diversity training seminar? Can’t speak out and will be punished? Can’t speak ever. Quite a bit like a ‘sensitivity’ meeting or a diversity statement. Except that your persecutor wasn’t actually rewarded and esteemed for discriminating and persecution.

On the plus side, maybe you won’t like diversity so much any more.

12 — sbuffalonative wrote at 12:23 AM on March 10:


To Darius:

Your personal story just goes to prove how disruptive and divisive ‘diversity’ is in the workplace. Instead of differences bring people closer, they only drive people apart.

You felt you were standing up for women and gays. Who in the world do you believe wants to work with someone who perceives every comment as racist, sexist, or homophobic? How does that engender dialogue and open communication to say nothing about trust? Why in the world do you think I would risk one second of my life trying to be your friend when I know that you would rat me out to the Gestapo if I used one word that you deemed ‘inappropriate’ or ‘offensive’?

You’re an example of why I don’t like to work with blacks. It’s a soul-draining chore to be around people like you; always looking for ‘racism’, ‘sexism’, ‘homophobia’ etc.

There was likely nothing wrong with the place you worked. You were the problem. Everyone was likely a lot more friendly and at ease with you not around.

13 — incensed in AR wrote at 12:52 AM on March 10:

Regarding the 30 year old black lawyer in the preceeding post,…perhaps if you could write a 100 word essay without a runon sentance, proper punctuation, and an eighth grade level literary structure, you might not be so discriminated against.

14 — Anonymous wrote at 12:59 AM on March 10:

My point is that my experience while not entirely exactly like is very similar in that it demonstrates that if a Black or non-White person or in some cases, woman dares to speak out against unacceptable behavior, he or she will be targeted as a troublemaker, non-collegial, and other things and will be punished for it and quickly terminated.

This is classic racism and sexism.

Posted by Darius at 7:36 PM on March 9

I think in the private sector, anyone should have the right to hire, fire, promote without having to give any reason or facing a “Civil Rights” violation. I’m not saying it was right for you to get harrassed because of your ethnicity, but I’m saying in the free market and private sector, if a white employer only wants white males to work in high positions, he should be free to do so. If a black employer only wants blacks to work in high position, he should be free to do as well.

15 — White Patriot! wrote at 2:16 AM on March 10:

Carolina Yankee:

“I have a good friend up north who is also Jamaican and also a hard worker.”

The fact is that any supposedly racially conscious White person would not have any Black friends.

16 — Anonymous wrote at 4:59 AM on March 10:

When times are tough you can’t afford the folly of affirmative action and a team of diversity managers.

17 — Dr Adford wrote at 6:08 AM on March 10:

To Darius: there is a very simple solution to your problem: allow everybody the CHOICE of who they want to live with. Allow white separatists to live with only other white people - then the only white people who will have any power over you will be whites who WANT to live with other races, and therefore you will never suffer any ‘racism’ ever again.

Fight for black separatism, and allow us to fight for white separatism, and the remaining people who want to mix races, should be allowed to do so. The ONLY reason you have suffered discrimination (if you have indeed suffered from it) is because a large number of the white people you live among have had ‘integration’ FORCED on them.

The solution to this problem is so simple it’s astounding - and we all need to explain this solution at every opportunity.

18 — Fed Up wrote at 7:48 AM on March 10:

That people want… need to take care of their own… makes perfect sense. And explains our anger and outrage over H1b immigrants STEALING jobs from Americans. Something else to worry about. The eventually adult ANCHOR BABIES of illegal Mexican immigrants will be competing with our own children, grandchilden and their grandchildren for ever scarcer American job opportunities. Think about THAT side of the illegal immigration picture!

19 — Fed Up wrote at 7:54 AM on March 10:

>>>This is classic racism and sexism.
Posted by Darius at 7:36 PM on March 9

Here we go again! The never-ending whine by Blacks about ‘discrimnashun’ and bigotry. If a person is a poor fit for a firm, a business enterprise and is eased out? What’s the big deal? They didn’t kick him out to starve. This clown got a damned decent opportunity, a CHOICE, really, between leaving or transfer. So what is his gripe?

That people make homophobic or racial comments is part of human nature. Blacks make cracks about Whitey, about honkies all the time. If Darius had even a smidgin of a sense of fairness, he(it?) would have to admit that and live with it. Like we do. When Blacks truly act like part of the human race, without the very visible amount of Black crime. Without the constant “hate Whites” attitude, race-based comments will fade out. Racism being a two-way street.

20 — Anonymous wrote at 9:54 AM on March 10:

People look out for their own kind? How mean! How “evil”! If these diversity brainwashed liberals really feel it’s bad to be with your own, then perhaps they should break up families being that families look out for their own. Oh, wait! They’re already doing that.

21 — Unemployed WASP wrote at 1:19 PM on March 10:

Of course the white male just picks up the pink slip and moves on. Their odds of winning a “workplace discrimination suit” are almost nill (even if valid).

The bully feminists, pandering homosexuals, and people of color can file all they like; however, and often win whether or not there claim is valid.

22 — Race Realist wrote at 4:19 PM on March 10:

White Patriot:

I am a race realist and I have a few Black and Asian friends.

You seem to beleive that if you are a racially conscious pro-White person that you cannot have non-White friends. This is ludricrous thinking.

It seems that you are the one who needs to check your “conscience” as opposed to Carolina Yankee.


23 — Anonymous wrote at 5:27 PM on March 10:

So, Darius.

(1) Did you have the GPA and LSAT score to be admitted to your top 20 law school without your race being a factor?

(2) How much scholarship money were you given by your lawschool to attend?

(3) Did you have a Law School GPA comparable to the whites and asians working at your former law firm?

(3) Did the firm cite any performance issues related to your dismissal?

I am a graduate of a top 25 law school, make no mistake, the red carpet is rolled out for blacks in the legal profession. Particularly at top 20 caliber law schools, that are competing with the elite law schools for the handful of blacks capable of working in a demanding corporate law practice. Blacks are given preferential admissions, full scholarships (generally reserved only for those with superior qualifications), and eventually - if their GPA’s are at least average - offers at prestigious law firms. Don’t feel so bad for Darius, since he’s probably carrying far less law school debt that his white peers.

24 — Darius wrote at 7:16 PM on March 10:

Sam:

Yes. This was the real reason I was terminated.

sbuffalonative:

I was not the problem, the environment was the problem!

John:

I do not know what you mean by “typical of Blacks” Black. Are you “typcial of Whites?”

Ted:

You are probably correct, but in my case, my outspoken comments about the inappropriate behavior of certain co-workers caused me to be let go.

25 — Anonymous wrote at 7:25 PM on March 10:

Reply to Darius:

You provided no examples of the “subtle” and “inappropriate” comments you say you heard or perhaps overheard thus making it hard to evaluate your claim. I would think though that you probably have an overly-developed sense of offensiveness. Blacks in general are an easily-offended people, always seeing imaginary slights and insults at every turn.

26 — GenX in Oz wrote at 9:02 PM on March 10:

White Patriot, Carolina Yankee, Race Realist.
Just to add to this conversation. I too am a race realist, but where I live is heavily Arab and though I find them to be a joyless bunch we all have to tolerate each other.
And there’s nothing wrong (in my book) in respecting qualities in non-whites such as self sufficiency. Ideally from a race realist point of view we should not have to rub shoulders with these invaders. But we have to be practicle as I am often the only anglo white in sight when I go shopping for instances (Roxborough park, Broadmeadows to those who know Melbourne).
So I choose to be civil and keep my distain to myself, probaby as a survivalistic necessity and on that I also avoid the charmers who come out a night.
It’s similar in the workplace too where I’ve often been the only straight, white male in a meeting, not much opportunity for solidarity. So again we have to keep our incomes, get cheap groceries, save on gasoline costs. It doesn’t mean we’re forfeiting on our principles, or inviting these non-whites (I appreciate Arbas are a caucasianiod subgroup) over to date our daughters (on that, I’ll be long gone from here by the time my kids are at dating age).

And to Darius I notice that there aren’t too many African American associates and/or partners in law firms specializing in discrimination cases serving Denver. http://tinyurl.com/dz3oz6 .
You’ll stick out like a sore thumb and probably get very rich, the only thing your villiage people trio is missing is a espanol
speaker.
Getting business will no dout be like shooting fish in a barrel for you, the push for diversity in the workplace will be your proverbial ambulance, and all you’ll have to do is wait for evitable clash for your cash.
I only hope your co-workers and subordinates are as sensitive as you and your clients. And try not to make too many businesses go bankrupt when searching for your ‘justice’.

27 — WR the elder wrote at 9:44 PM on March 10:

If you hire a black person and then have to fire him or lay him off you are much more likely to be hit with a discrimination lawsuit than you would be if that person was white. That is one reason why businesses are legitimately reluctant to hire blacks.

28 — Rachel wrote at 9:52 PM on March 10:

White patriot:

Like race realist said, you can still be racially proud of your hertiage and be friends with people of other races. I am 35 years old and I have two Black girlfriends and we get together to go shopping, dancing, the movies etc…

Just becaue I am pro-White does not mean I am anti anytnihg or anybody else who isn’t.

This is a race relaist site, not a White nationalist one. I think some of you are White natioanlists as opposed to race realists.

Personally, I have no use for White nationalism. It is futile and counterproductive.

29 — Anonymous wrote at 2:15 PM on March 11:

“I’m saying in the free market and private sector, if a white employer only wants white males to work in high positions, he should be free to do so. If a black employer only wants blacks to work in high position, he should be free to do as well.”

Ah - AmRens vaunted freedom of association proposal, though rarely written about with such ‘eloquence’, or should I say, Rarely seen with so much of the required ineloquence? It’s wrong for the government to discriminate, and we should challenge them when they do, but private companies can go on discriminating against whites to their hearts content.

30 — Polish Cherokee Scot wrote at 5:52 PM on March 11:

I believe people should be able to hire/fire whoever they want, and for whatever reason, without some whiner screaming discrimination.

Has it ever occurred to some people that they’re not being discriminated against based on sex/race/ethnicity, but based on job performance?

Where my husband works, there was a black temp who kept screwing up right and left (this is a union shop). In your first 90 days they can let you go for ANY reason whatsoever. Any one of these infractions would have been more than enough reason to let him go…and they finally did, on Day 89.

Then a black woman went to the union meeting and swore up and down that the guy was fired because he was black. The union steward set her straight on that score.

31 — Anonymous wrote at 6:45 PM on March 11:

Ah - AmRens vaunted freedom of association proposal, though rarely written about with such ‘eloquence’, or should I say, Rarely seen with so much of the required ineloquence? It’s wrong for the government to discriminate, and we should challenge them when they do, but private companies can go on discriminating against whites to their hearts content.


Posted by Anonymous at 2:15 PM on March 11

I wasn’t saying the government should discriminate. I was saying people in the private sector should be allowed to.

32 — Jack wrote at 11:35 PM on March 11:

Polsih Cherokee Scot:

It seems to me that if this person was so bad and they could have fired him anytime with the first 90 days without any problems, they certainly would have done so before “day 89.”

Your story sound suspect.

33 — AnonAttorney wrote at 11:51 PM on March 11:

Darius: Did you talk to any of the partners at the law firm about the negative environment you felt that you were experiencing BEFORE you told your tale of woe to those “high ranking officials?”

I’m an attorney, and I wouldn’t want to work with an attorney whose FIRST step after feeling slighted in the workplace would be to tattle on co-workers to the boss, the State Bar, the EEOC, etc. Some people are more sensitive than others, and that’s fine. But asking people in a nice way to stop doing X or stop saying Y often works like magic, and it shows more maturity than trying to destroy their careers. You need to show loyalty to the firm that hired you even if you strongly dislike some of the people working there.

I wish you well in your new town and your new practice, but I have to say that your story only tends to confirm the worst fears that white people have when they hire a minority — months or years of walking on eggshells, followed by nasty allegations of racism, and culminating in a lawsuit, or threats of legal action.

34 — Darius wrote at 12:17 PM on March 12:

AnonAttorney:

I made several attempts to my former co-workers that such behavior was insensitive and not appropriate. They largely ignored me.

Showing loyalty to a company does not mean that a person has to acccept bigoted, disrespectful behavior from colleagues. No job is worth a person sacrificing their self-respect and human dignity.


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