Racial discrimination poses a large problem in the American workplace and many people are unaware of it. Today, the national policy of nondiscrimination is firmly rooted in the law. In addition, it generally is agreed that equal opportunity has increased dramatically in America, including in employment. Blacks and other people of color now work in virtually every field, and opportunities are increasing at every level. Yet, significant work remains to be done Racial discrimination is a huge problem that seems to be getting worst as more employees are filing cases with various agencies commissioned to uphold Title VII and other nondiscrimination laws and policies. The theoretical problem that surrounds this topic is that sometimes stereotyped thinking is at the core of racial decision-making by employers. Laws that prohibit racial discrimination are presented along with note-worthy cases that show their relevance to the topic presented. The Employment Tribunal identifies ten factors that may influence the outcome of racial discrimination cases and enlightens the reader with more barriers to justice for racial discrimination. (Skristin, M., n.d.). Federal laws prohibiting racial discrimination would lead the reader down a paper trail that shows that racial discrimination is on the rise. We will be looking at 3 federal cases and their outcomes. Also, discussed here are some very important laws that deal specifically with discrimination, like the NAACP and there are 2 cases cited for review. Certain racial discrimination events would prove that employer disciplinary actions are just a pretext underlying racial discrimination. The figures on successful claims at Employment Tribunal are low. ‘The Employment Tribunals Annual Report for 2008/9 showed that of 3970 race discrimination cases submitted to the tribunal only 1074 reach employment tribunal stage, of these 694 were struck out, 236 lost at hearing and only 129 were successful at hearing. This amounts to a 3% success rate for race discrimination claims, which is the success rate for all discrimination claims on an annual basis.’ The Government is currently considering whether to increase the qualifying period for unfair dismissal claims from 1 to 2 years. They could employ you, then get rid of you before the two years is up. Added to plans to charge to bring claims & you may as well tell employers to treat black people as badly as they like. Their reasoning is this: ‘In the three years to 2009-10, some 20,100 claims were struck out by a judge, nearly one in 10 of the 227,00 claims completed, according to official figures. A further 73,000 cases, or 32%, were withdrawn by the individual, usually where both sides had reached an out-of-court settlement, the latest Tribunals Service statistics show. What is not taken into consideration is the number of cases that are withdrawn because of the extremely limited access to legal aid or any kind of assistance for workers in these cases. Employees have often been dismissed so are already struggling financially. Employers are the ones with funds at their disposal, to fight their employee’s case. Employers use their solicitors and/or legal services to exhaust the claimant financially and mentally, which is the reason that a lot of cases are withdrawn. Solicitors are reluctant to take on Employment Tribunal cases, even on a ‘no win no fee’ basis, unless they are certain that they can win. According to the Employment Tribunal Service, (January and December, 2004), ten factors can be identified that may influence the outcome of racial discrimination cases: The first is the characteristics of the claim and proceedings; •
the nature of the evidence presented
the relationship between direct and indirect discrimination •
the relationship between discrimination and unfair dismissal claims •
the relations between racial and any other forms of discrimination •
the type of representation and the tribunal’s interaction with unrepresented...
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