EEOC Releases New Compliance Manual on Race and Color Discrimination

Well, I had almost finished the posting … when I managed to somehow erase it all!

Anyhow, the EEOC has released a new compliance manual on race and color discrimination.

There is a lot of interesting material there and I don’t have the time to review all of the interesting points.

But, here are some of the more interesting points (given my interests) mentioned in the EEOC’s new compliance manual on race and color discrimination:

• Disparate impact can even be applied to recruitment practices! This seems to be somewhat of change from the original Uniform Guidelines, which seemed to emphasize that only selection practices can be analyzed using a disparate impact approach.
• Race discrimination can be based on association (e.g., a person is discriminated against because they associate with someone of a particular race).
• Race discrimination can be based on a number of factors (i.e., race is defined quite broadly, to include even a perception that the person is of a particular race).
• Stereotyping can produce discrimination (”Racially biased decisionmaking and treatment, however, are not always conscious…The statute thus covers not only decisions driven by racial animosity, but also decisions infected by stereotyped thinking or other forms of less conscious bias”).

My conclusion: The EEOC is becoming much more sophisticated in its approach to discrimination.

HR managers need to become familiar with the new compliance manual and to consider the implications for training of managers, for how hiring, recruiting, promotions, and layoffs are performed, and so forth.

I think that the 21st century will continue to produce a lot of interesting employment discrimination lawsuits and companies need to be savvy in their HR policies.

Go here to read the new EEOC compliance manual on race and color discrimination

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