She applies for a promotion to be the Counter Manager for a major line of beauty products, but the employer denies her the promotion because the vendor prefers a “light skinned representative” to manage its product line at this particular location. Association: Employment discrimination against an individual because of his/her association with someone of a particular race. This means that employers cannot treat persons of different races differently in the hiring or promotion process. Comparator evidence that supports either party’s position must be weighed in light of all the circumstances. Title VII permits diversity efforts designed to open up opportunities to everyone. Teamsters, 431 U.S. at 349 n.32 (describing how neutral practices can unlawfully perpetuate the effect of discrimination: “Local 53 Asbestos Workers v. Vogler . . . provides an apt illustration: There a union had a policy of excluding persons not related to present members by blood or marriage.
Title VII provides that, if a selection standard is shown to have a significant impact based on race, the employer must demonstrate that the standard is job-related and consistent with business necessity. This is evidence as to whether the claimant was treated the same as, or differently than, similarly situated persons of a different race. Employers cannot allow racial bias to affect an employee’s ability to become part of these networks. EXAMPLE 25 WORKPLACE NETWORKS Suhail, of Arab descent, works for a computer software company. After being passed over for several important projects, Suhail files a charge alleging race/national origin discrimination because he believes he is being excluded from his workplace network for reasons related to his Arab descent. Discrimination against an individual based on a perception of his or her race violates Title VII even if that perception is wrong. Race obviously cannot be used as a screening criterion.
Make sure managers maintain records for at least the statutorily-required periods. Work assignments must be distributed in a nondiscriminatory manner. She took the job right after college and now is departing after three years to go to graduate school. The employer cites Kim’s performance as the reason for his lower pay.