Racial discrimination is still major public concern in the United States.

Since the abolishment oI

slavery and end oI American civil war, there have been many struggle aimed at ending racial
discrimination in the country but the issues keeps on surIacing in the public limelight now and
then. Racial discrimination pertains to segregation oI individuals based on the color oI their
skin. It is a vice that has Ior long divided American society, especially in the perceived view oI
white ethnocentrism. Although the era oI civil rights movements made tremendous progress in
Iorcing enactment oI antiracial laws like Civil Rights Act oI 1964, there are many areas oI
weakness in the judicial process that are not clearly codiIied in the constitutions, and which have
been bone oI contentions. The recent case oI New Haven FireIighters AIIirmative Action has
drawn mixed reaction. The main issue in this case was the ability oI the employer to disqualiIy
promotion test when it has been contested as being unIair.
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Although the Iinal court ruling ruled in Iavor oI the plaint, upholding that the cancellation oI the
test was in itselI an act oI discrimination, there are a number oI managerial issues that arise Irom
the case. This paper will look at the managerial issues arising Irom this case.
Did the city of New Haven act reasonably in rejecting the
test results based on the lack of minority representation?
Yes. The city oI New Haven acted reasonable to reject the result oI the test since they lacked
minority representations. It is evident that the issue on stake here was not much about the
credibility oI the exam but on the eIIects it may have on the diversity oI the work Iorce. There
are many reasons why the city oI New Haven can be said to have acted reasonably in rejecting
the results oI the test.
It is important to understand that the objective oI any exam is to ensure that all candidates are
given a Iair ground to compete.
Any exam cannot be considered to be Iair iI it does not provide a Iair ground Ior competition oI
the candidate. According to Gardner theory oI multiple intelligences, one oI the most theories
valued in education and management, individuals have diIIerent skills. People are giIted with
diIIerent intelligences and very Iew can have intelligence in multiple areas. This theory has been
applied on Iormulation oI exams to make sure that it caters Ior the intelligence needs oI all
candidates. In this case, the test that was given to the Iire Iighters promotion candidates has been
criticized Ior lack oI Iair ground oI competition as Iar as IireIighting is concerned. The Iact that
the exam was 60 multiple choice questions meant that it did not cater Ior diIIerent areas oI
intelligence (Totenberg, 2009). At the end, the example would give academic intelligent
candidate rather that perIormance intelligent candidate.
From the start, it is thereIore evident that the exam was not Iair. It could not be give the
expected Iair results as Iar as job promotion in IireIighting department is concerned. This means
that by rejecting the test, the city oI New Haven acted in the best interest oI need to have a Iair
test Ior the candidates.
It is also important to understand that a test cannot be considered Iair unless the candidates and
the general public acknowledge that it was Iair. While the candidates who did not pass the test
could raise their concern and have nothing to do about it, the perception oI the general public on
the perception oI the test will have a larger impact on the operation oI the candidates who could
have passed the promotions. When people perceive that individuals are promoted on unIair basis,
this brings about conIlict not only in the workplace but also in the general public (Slattery,
2002). This means that the city oI New Haven had the duty to ensure that iI there were people
who were to be promoted, they had to be promoted through a Iair means acceptable to all people.
Acceptance oI the test while it was being contested by some oI the candidate would have dealt a
big blow on the credibility to oI the whole process and at the end the acceptance oI the promoted
candidates. The action by the city oI New Haven was thereIore meant to saIeguard the integrity
oI the test and ensure the whole process was Iair.
The action oI the city oI New Haven was Iair in light oI the need to have diversity iI the work
place. It should be noted that in a racially charged country like United States, workplace
diversity is an issue that need to be considered iI government and private institutions will be
accepted by the public. It is common to note that every time an appointment is made in any
institutions, it comes with racial backlash. Although this is not taken seriously by most people,
racial perspectives in the workplace have a lot impact on delivery oI services and acceptance by
the public (Slattery, 2002).
The action oI the city oI New Haven could have been promoted by the need to have a workIorce
that reIlects the racial demographic composition oI the population. A public institution like Fire
Fighting Department should reIlected the Iace oI the community. This means that its composition
should reIlect the racial demographic oI the community since it represents the interest oI the
community. Perceived racial discrimination in the work place does not only aIIect internal
environment oI the organization but also external environment as well (CUP, 1999). An
organization that is perceived to be racially balanced is likely to get support Irom the public than
an organization that is perceived to be racially skewed.
Internally, racial discrimination can have a lot oI impact on the perIormance oI those who Ieel
racially segregated. It is only when individuals Ieel that they are equal to other employees that
they can increase on their perIormance. thnocentrism in the work place has been shown to have
adverse perIormance eIIects Irom senior management to junior staII. thnocentrism is incubated
in an environment where one race gains more managerial positions or comprise a larger
percentage oI the workIorce (Slattery, 2002). Racial Iavoritism leads to dilution oI organization
culture leading to ethnocentrism. This is likely to aIIected work perIormance in the work place as
it will create constant conIlict between employees.
In the case oI New Haven Iire department, it should be noted that the test was meant to Iind
individuals who were to be promoted. This means that those promoted were likely to take on
managerial jobs in the organization. As an organization that has diIIerent races working together,
it is important that this racial diversity in junior levels also be reIlected in the senior levels
(Slattery, 2002). II the result oI the test showed that there was some race that was Iavored more
than the other, it was likely to bring about negative perception oI the whole process and rejection
oI the result was the right decision. In Iace oI the doubts and racial discrimination accusation
against the test, the city oI New Haven would not have done anything better than reject those
results to ensure that racial diversity is ensured.
One oI the most important aspects in eIIecting oI operation oI the any organization, especially in
provision oI the government services is how it reaches the minority. This means that an
organization or a government is likely to be judged by how it serves the minority. In case oI
New Haven Iire department, ensuring that there is Iair representation in the workplace was a step
in ensuring it is reaching out to the minority. It was the duty oI the city oI New Haven to ensure
that even in promotion, minority are given chances as well. What is more astounding is the Iact
that the Iire department had given a test that was Iaulted by experts in the area oI promotion test.
II the promotion was to reIlect the Iace oI New Haven, then minority had to be given a chance in
leadership position.
The most important work Ior management in the new era oI globalization is to ensure that
diversity in the workplace is well managed. While diversity presents a new era oI growth in
workplace perIormance, it is also a great challenge in human resource management. As was
highlighted earlier, diversity in the workplace is reIlected in the community and has a great
impact in perIormance oI the organization (CUP, 1999). Many organizations have been going a
step ahead, and some even incurring extra cost to upgrading skills oI particular employees, in
order to ensure that there is racial diversity in the workplace (Slattery, 2002). For the Iire
department workIorce composition to reIlect the Iace oI the New Haven racial demography,
there was greater need to take such stern actions in order to ensure acceptability oI the promotion
process. ThereIore the city oI New Haven did the right thing to reject the test since it lacked
minority representation and it would have negatively impacted on the perIormance oI the
organization.
Conclusion
Racial discrimination in the workplace remains a major problem in the United States. Despite the
enactment oI various laws outlawing racial discrimination in the workplace, it has continued
unabated. In the case oI city oI New Haven, the decision reached to reject the test was prudent
because it could have negative impact on diversity in the organization. It was a Iair decision
considering the Iact that the test had been criticized by experts in addition to accusations oI
racism.

ure, the world is divided into diIIerent races, but there should not be one that is considered
superior among the rest. Nevertheless, there are thousands oI people who are victims oI racial
discrimination.

How do you know that youre racially discriminated? There are plenty Ior scenarios you can think
about, primarily because it can happen anywhere. Nevertheless, these are the common ones:

You cannot get the job you like.
You are Iired or demoted Irom your job.
You sit diIIerent Irom the rest.
People call you names.
They insult your Iamily and where they came Irom.

hat Should You Do?

Should you react or not? What should I do? These are the typical questions people ask. They
want to make sure that theyre deIinitely doing the right thing. II you ever Iind yourselI racially
discriminated, do the Iollowing:

Report it to the authorities. Your right as a person regardless oI your races is properly
protected by the constitution and by the law.
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II you think you are discriminated by others, then you have to report it immediately to the higher
authorities. For example, iI your manager or supervisor is not treating you Iairly, you can appeal
your case to the business owner.

earn to just ignore. There are times when certain things should just be ignored. For instance,
you can ignore other peoples jeers or name calling. As long as it doesnt change how you see
yourselI as a person, theres no reason to Iight over it. You need to learn how to choose your own
battles.

Be very aware of the rules. II you want to know iI you have the right to sue a person or a
company because oI racial discrimination, then you also have to read the rules. OIIices,
especially the big ones, have them. Normally you will be provided oI handbooks or rule books
during your orientation.

ork with a lawyer. Getting a lawyer doesnt necessarily mean youre ready to sue. Its just that
you want to be more aware oI your rights against racial discrimination. Many oI them are
currently working pro bono, which means you can obtain consultations without any charges.
Some oI them can already be Iound online, though one oI the best ways to obtain their name is
through word-oI-mouth reIerrals.

Boost your self-confidence even more. When it Ieels like a lot oI people are against you, its so
easy to suIIer Irom depression and anxiety. You will start to Ieel that youre really not good
enough and not worthy oI something. You begin to believe what other people are telling you.

These should not happen. Instead, when youre racially discriminated, the more you have to exert
an eIIort that you count Ior something.

You can use subliminal messages to increase your selI-conIidence or selI-image. When youre
Ieeling down or vulnerable, just tell yourselI the Iollowing:

I am a valuable person.
I am one with the world.
I deserve to be loved, in as much as I deserve to love.
http://society.ezinemark.com/racial-discrimination-1806cd95936.html
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Can You Sue an Employer for Discrimination?

rasanna 8aghavendra
Prasanna Raghavendra has been writing proIessionally since 2000. He has several published
articles on websites such as eHow, 12manage, Ireelancejobs.org and essaywriters.net. Prasanna
holds a Master oI Business Administration in Iinance and management Irom the Management
Development Institute, India, where he was given the most outstanding student award.
y rasanna 8aghavendra ePow ConLrlbuLor
updated March 17, 2011
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O rlnL Lhls arLlcle
mployees can sue their employers iI they Ieel that they're being discriminated against. Still,
workplace discrimination is a grave concern in companies all over the world, and employees are
oIten skeptical oI taking their employer to court. In practice, all companies with more than 15
employees are required to have antidiscrimination policies. There are various ways in which an
employee can be discriminated against. He might not receive equal pay Ior his work, be denied
bonuses and perks, or be deprived oI chances oI career advancement.
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.Racial Discrimination
4 Racial discrimination occurs when the employer metes out diIIerent treatment to
two diIIerent employees on the basis oI their race; one employee is Iavored over
the other.
The discriminated employee can legally sue her employer. In the United States,
the Civil Rights Act oI 1964 provides protection to discriminated-against
employees. The employee needs to retain an attorney and Iile a suit against the
employer.
.ender Discrimination
4 This Iorm oI discrimination occurs when the employer preIers employees oI one
gender over the other. The employer may either be partial toward male employees
over Iemale employees, or vice versa. Law dictates that as long as the employees
are able to deliver comparable outputs, they must be paid similarly. II an
employee Ieels that he is being discriminated against, he can seek legal recourse.
In the United States, he would be aIIorded protection against this type oI
discrimination under the qual Pay Act oI 1963.
ge Discrimination
4 Companies oIten discriminate against employees on the basis oI their age.
Nowadays, companies may preIer to have younger employees. The perception is
that younger employees are more conversant with the latest technologies and
systems. However, this preIerence is, again, illegal.
The Age Discrimination in mployment Act oI 1967 provides protection to
employees who are over 40 years oI age. As long as they're able to deliver output,
they must be provided equal pay.
Disability Discrimination
4 Certain companies are wary oI providing opportunities to people with disabilities.
Disabled applicants may be discriminated against at the time oI selection. ven iI
the company gives a disabled applicant a job, she may be discriminated against
when it comes time Ior promotions and raises.
The Americans with Disabilities Act oI 1990 states that as long as the employee is
able to meet the requirements oI the job and deliver, he must be paid similarly to
an employee without any disabilities.

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