What is Reverse Discrimination?
¿Reverse discrimination¿ refers to employment discrimination of classes that historically, have been privileged, e.g., Caucasians and men. Title VII prohibits discriminatory practices in the workplace on several bases (e.g., race, gender, and age) and exists to protect the rights of all individuals, regardless of their class of identity.
What are the Elements to Prove a Reverse Discrimination Case?
An employment decision that is motivated by race, for example, does not automatically amount to a constitutional or statutory violation. The plaintiff has the initial burden of establishing the employer¿s reverse discrimination was based on an actual discriminatory basis (e.g., race, sex.) Either of the following must be provided by the plaintiff:- Direct evidence
- Evidence that plaintiff is a member of a protected class (e.g., race, sex, age); and
- Similarly situated employees received more favorable treatment than the plaintiff.
- Indirect evidence (evidence that shifts the burden of proof to employer)
- Information that supports an inference that the employer discriminates against historically privileged classes;
- Plaintiff performed the job satisfactorily;
- Plaintiff was subjected to an adverse employment action; and
- Similarly situated employees received more favorable treatment than the plaintiff.
If the employer provides a non-discriminatory reason for its employment decision, the plaintiff must then show that the non-discriminatory explanation is dishonest, by showing:- Employer¿s explanation has no basis in fact; or
- The explanation was not the 'real' reason; or
- The reason stated was insufficient to warrant the adverse employment action.
Typical Examples of Reverse Discrimination Claims in the Workplace- Hiring of non-Caucasians and women (rather than Caucasians and men)
- Firing of Caucasians and males (but not non-Caucasians and women)
- Non-hiring or firing of persons under 40 years of age
Do I Need a Lawyer for my Reverse Discrimination Case?
Pursing a reverse discrimination claim against an employer is complicated. A lawyer will assess your claim and help you with filing your claim. It is also a good idea to see a lawyer before signing a waiver or other severance package. If you are an employer being sued for reverse discrimination, you should speak to a lawyer immediately. |
 |
