Question

One of the most difficult issues in society in the courts is that of “reverse discrimination.” Please, first, in your own words, define “reverse discrimination.” Then, please read the U.S. Supreme Court case, Ricci v. DeStepano. (Links to an external site.) In one to two pages, double-spaced, do you agree with the majority of the dissent; and what is your rationale. Citations and references must be used according to APA Format Guidelines

Answer 1

When people consider workplace discrimination lawsuits, they likely think about a person who is in the minority — a woman, a person of color, or a trangender person, for example — being discriminated against by a person who is considered to be in the majority, such as a white man. This type of discrimination is shockingly common, even in 2017, and it is against the law.

However, both federal and California laws are written in a way that do not exclusively protect racial, sexual and religious minorities from discrimination in the workplace. Instead, these laws protect everyone from discrimination. When discrimination against majority groups occurs, this may be called reverse discrimination.

Reverse discrimination is the unfair treatment of the members of what may be considered the majority group in a workplace based on their gender, race, national origin, religion or other protected characteristic. This may be due to the personal biases or animus of a single employee or supervisor, or part of a broader pattern.

In some cases, reverse discrimination may actually be set in motion by the laws that were enacted to help protect minority groups, such as affirmative action. The goal of affirmative action was to ensure equal access in employment and education to groups that were traditionally denied such access. However, in modern times, this may actually result in discriminatory treatment if certain groups end up receiving unfair treatment as a result of these affirmative action programs.

Just like all forms of discrimination, reverse discrimination can take many forms. For example, it could include failure to promote a well-qualified employee and promoting a less-qualified employee instead, based on that person’s race or gender. It may involve firing or demoting an employee on the basis of race or gender, or making personnel decisions based on race, gender or other reasons.

It is possible to be a member of the majority class (such as being a white male) and face discrimination in the workplace. In those situations, an experienced employment law attorney may be able to seek justice for reverse discrimination. If an employee has been wrongfully targeted or otherwise deprived of an employment opportunity based on his or her race, gender, national origin or on the basis of another protected characteristic, then he or she may have grounds for a lawsuit — even if he or she is a member of the majority group.

Discrimination lawsuits can be complex, and require the assistance of a skilled employment law attorney. It is important to remember that the federal and California laws, such as the Fair Employment and Housing Act, apply to everyone equally. If you have been discriminated against on the basis of your race, gender or for another illegal reason, you could be entitled to compensation.