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A Call for EEO Training - The EEOC Tackles Persistent Race and Color Discrimination

Posted on March 16, 2007 1:08 PM by Shanti Atkins

Despite progress and greater awareness, racism and colorism continue to plague American workplaces. Citing Gallop and CNN polls, the EEOC recently publicized that 31% of Asian Americans and 26% of African Americans say they have either witnessed or experienced discrimination. In addition, 84% of Blacks/African Americans and 66% of non-Hispanic Whites/Caucasians think racism is a ”very serious” or “somewhat serious” problem in America.

Those are big numbers.

No doubt racism and colorism manifest themselves in every aspect of employment, from hiring to termination. Sometimes the problems are at the hands of individual managers, while other times they persist in broader (and facially neutral) employment policies. We’re also seeing new forms of discrimination as a byproduct of technological advancements—such as “sorting job candidates by ethnic enclaves and ZIP codes.” (See EEOC Campaign Takes Aim at Race, Color Bias)

Regardless of what form — traditional versus new 21st century — the issues of racism and colorism in America are drawing a lot of attention from the EEOC. Race-based charges (those involving claims of race discrimination, racial harassment, or retaliation arising from opposition to race discrimination) continue to be the most common charges filed with the EEOC. During the EEOC’s 2006 Fiscal Year 27,238 charges alleging race-based discrimination were filed. This amounts to 36% of the charges filed that year. (EEOC: Why Do We Need E-Race?).

Recently the EEOC announced a new initiative called E-Race that is designed to eradicate racism and colorism in the workplace. They have also indicated that fighting racism and colorism is going to be a primary objective of the agency. While some suggest that the EEOC’s efforts will be more about education and outreach — versus enforcement — no organization wants to be on the enforcement end of that fight. This is especially true when the EEOC’s enforcement efforts will focus on systemic and persistent racism in the workplace. These suits are not only expensive, but time consuming and potentially disastrous for an organization’s reputation. Even if you don’t find yourself battling the EEOC in a large action, you should expect to see the impact of the EEOC’s educational efforts, which could easily result in higher charge numbers against your organization.

What are smart employers doing? They’re noting the EEOC’s new focus, and taking action. Three basic steps are critical:

  • Reviewing and/or developing a solid EEO policy and communicating it to all employees
  • Auditing employment practices (such as hiring, firing, pay, and discipline) with the assistance of an attorney
  • Training all employees and managers with high quality anti-discrimination programs
Not only will training help to create a culture that does not tolerate racism and colorism, but it may be what sets you apart from the organization that is the target of an EEOC enforcement action. Failing to train could make your organization a sitting target that will struggle to mount a defense if sued.

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