Reuters Pictures Share U. The charge of "reverse discrimination"-meaning racial discrimination against whites or sexual discrimination against men-is fast becoming one of the most explosive issues in the field of civil rights.
Reverse Discrimination Reverse Discrimination The term "reverse discrimination" sometimes is used to describe a type of discrimination wherein members of a majority or historically advantaged group such as Caucasians or males are discriminated against based on their race, gender, age, or other protected characteristic.
These types of claims typically arise in the areas of employment or education. Occasionally, the term also is used to negatively describe programs meant to advance or promote minorities and address inequality, such as affirmative action. While the term "reverse discrimination" is not expressly included in federal civil rights laws, these types of lawsuits are generally brought as discrimination cases under Title VII of the Civil Rights Act of and other statutes.
Because anti-discrimination laws were originally enacted to prevent discrimination against minorities and groups that were historically disadvantaged and denied opportunities in the workplace, there has sometimes existed a perception that members of majority groups are not protected by the same laws.
However, these laws generally prohibit all forms of discrimination based on protected characteristics, including those against members of a majority group as established by the U. Santa Fe Trail Transport Co. As a result, the term "reverse discrimination" originated to describe these kinds of cases where members of a majority group are claiming they were discriminated against on the basis of their age, race, gender, or other protected characteristic.
What Is Reverse Discrimination?
While "reverse discrimination" is not specifically addressed under federal law, the term typically refers to situations where a member or members of a majority are discriminated against on the basis of a protected factor, such as race or gender. Common examples would include a Caucasian individual who is discriminated against in favor of a racial minority, or perhaps a man suing an employer because a woman was given favorable treatment at work on account of her gender.
Diversity initiative programs such as affirmative action are generally designed to "level the playing field" in the workplace or educational settings, they also may run the risk of breaking discrimination laws despite their historical justifications.
Examples of "reverse discrimination" may include: Making hiring or promoting decisions in favor of minority groups, despite the experience or seniority of Caucasian, male, or other majority applicants.
Hiring or promoting women solely on the basis of their gender over equally or more qualified males. Refusing to hire or firing of persons under 40 years of age in favor of the hiring of persons over 40 years of age. Rejecting an applicant for school while admitting a minority applicant solely on the basis of race courts have stated that race may only be used as a "factor" in educational applicant decisions.
Reverse Discrimination in Employment: The Law Courts have struggled with various types of discrimination cases, including those considered to be "reverse discrimination.
In addition, under Title VII, employers may not create programs and policies that would have a " disparate impact " or adverse effect on members of a protected class. However, courts have interpreted this and similar state laws in different ways in discrimination cases with majority Caucasian, male, etc.
Although, some forms of discrimination in favor of minorities and historically disadvantaged groups like women have been upheld by courts, others have not, and it remains a contentious legal issue.
As with discrimination claims brought by members of historically disadvantaged groups, so-called reverse discrimination claims are not easily proven.
The plaintiff has the burden of proving actual discrimination on the part of the employer based on race, sex, or another prohibited basis. Furthermore, a person making the claim must prove the following: Supreme Court upheld the use of affirmative action in college admissions in its landmark Regents of the University of California v.
The Supreme Court addressed another challenge to affirmative action when University of Texas applicant Abigail Fisher, who is Caucasian, was denied admission to the school in Reverse discrimination is often prompted by the very laws that were meant to address discrimination against minorities.
The goal of affirmative action, for example, was to level the playing field for minorities in employment and higher education. Reverse racism refers to discrimination against whites, usually in the form of programs meant to advance ethnic minorities such as affirmative action. Anti-racist activists in the U.S.
have largely deemed reverse racism to be impossible, as the power structure of the United States has historically benefited whites and continues to do so today, despite the election of a black president.
Examples of "reverse discrimination" may include: Making hiring or promoting decisions in favor of minority groups, despite the experience or seniority of Caucasian, male, or other majority applicants. Reverse Discrimination, Affirmative Action, and the Supreme Court. More Americans believe that affirmative action, instead of leveling the playfield for minorities, unfairly punishes whites.
A reverse discrimination case is before the Supreme Court. Conceptualizing affirmative action efforts as reverse discrimination began to become popular in the early- to mids, a time period that focused on underrepresentation and action policies intended to remedy the effects of past discrimination in both government and the business world.
The charge of "reverse discrimination"-meaning racial discrimination against whites or sexual discrimination against men-is fast becoming one of the most explosive issues in the field of civil rights.