When most people think of discrimination in the workplace, they imagine that a supervisor who is a member of a “majority” group takes adverse action against an employee who is a member of a “minority” group. Well, that is true, but...it is also important to remember that the law protects all individuals from discrimination in the workplace. Even if that discrimination is considered to be reverse discrimination.
So what is Reverse Discrimination?
Reverse discrimination, also referred to as reverse racism or reverse sexism, occurs when individuals from majority groups are treated unfairly due to affirmative action policies or diversity initiatives aimed at redressing historical inequalities. This form of discrimination, though intended to promote diversity, can sometimes lead to unintended consequences by disadvantaging certain groups. According to Merriam-Webster Dictionary, this form of discrimination is against whites or males (as in employment or education.)
A survey by ResumeBuilder back in 2022 reported that 52% of hiring managers surveyed believe that their companies use “reverse discrimination” against white applicants when making hiring decisions. Among the 1,000 hiring managers surveyed:
16% were told to deprioritize white men when evaluating candidates;
48% of them have been asked to prioritize diversity over qualifications;
53% of them believe their job will be in danger if they don’t hire enough diverse employees;
70% of them believe their company has Diversity Equity Inclusion (DEI) initiatives for appearances’ sake
WOW!!!
In addition, a court case back in June 2024 was about that very thing: Jason Bittner and Anthony Wilfong vs. General Motors. When there is a claim of discrimination, you must show proof that you were actually discriminated against. Reverse discrimination claims are not easily proven. The plaintiff has the burden of proving discrimination based on a prohibited basis. A person making the claim must prove:
Evidence that the plaintiff is a member of a protected class;
Similarly situated employees outside the plaintiff's class received more favorable treatment;
Information that supports that the employer discriminates against majority groups; and
The plaintiff performed the job satisfactorily (if part of a promotion decision)
Reverse discrimination is not expressly included in federal civil rights laws. However, these types of lawsuits are generally brought as discrimination cases. This is permissible under Title VII of the Civil Rights Act of 1964 and other statutes.
Comments