Racial Discrimination
Introduction
According to Bonilla-Silva
(2003) racial discrimination refers to the unfavorable treatment of an
applicant or employee on racial basis. It is any action, deliberate or
otherwise that subordinates a group or an individual based on race or skin
color. Racism in the country has been enacted individually or institutionally. Institutional
racism refers to a system of procedures in all areas of life such as
employment, education, religion, media, and professional associations among
other areas. The effect of these actions is to perpetrate and uphold power,
well-being and influence over a particular group over another. Because of the
fact that institutional discrimination emanates from the operations of esteemed
forces in the society, it tends to receive less public disapproval compared to
racism perpetrated by individuals. Wright (1998) argues that power is an
important pre-condition for racial discrimination. This is because racial discrimination depends
on the capacity to offer or deny social facilities, benefits, opportunities or
services from a person whom they should be given to. Racial discrimination or
racism has for a very long time been a controversial topic in the United States (Guerin,
2005). This paper follows the debate on the efforts to end racial
discrimination in employment in the efforts to establish whether or not racial
discrimination will ever end.
It is argued that
all human beings belong to a common species and also have a common origin. Trepagnier
(2006) suggests that all people are born equal, having equal rights and
dignity. All people form and vital part of humanity. This means that all people
all over the world have equal faculties and possess equal abilities to attain
the highest level of technical, intellectual, economic, political and cultural
development. It is on the basis of this argument that laws have been developed
in the country to address the issue of racial discrimination. Laws and
legislations have been developed at the federal and state levels that are
against any form of discrimination. In employment as Guerin (2005) asserts the
laws and legislations make it illegal for any employer to discriminate against
any person on racial grounds. Race from the legal perspective include color,
nationality, national or ethnic origins.
The laws against
racial discrimination in employment cover all aspects of employment. These
aspects include recruitment and hiring, terms and conditions of employment, status,
pay and benefits, transfer opportunities, promotion, training and development,
and dismissal (Feagin, 2000). There are four main types of discrimination that
exist in employment:
Direct discrimination: Trepagnier
(2006) defines this form of discrimination as deliberate discrimination. This
is for example where a certain job is only given to people of a specific racial
group.
Indirect discrimination: this
defined by Fugazza (2003) as where the working conditions, practices, criteria
or provisions disadvantages members of a particular racial group. For example introduction
of a dress code without any regards the effect has on a particular racial
group.
Racial harassment: Fugazza
(2003) defines harassment in employment as participating in, encouraging or
allowing behavior that is offensive to a person of a particular racial group or
creating a hostile environment for such people. An example is making racist
comments at work.
Victimization:
according to Bonilla-Silva (2003) victimization is treating a person
unfavorably because of a complaint or supporting a complaint against racial
discrimination. An example is taking a disciplinary action against an employee
for filing a complaint against racial discrimination.
Regardless of the
argument that people all over the world are born equal and with equal
abilities, there are differences in the way they achieve development because of
historical, geographical, political, cultural and social factors. These factors
represent the differences that have historically served as excuses for rank
ordered classifications of human beings. While the law seeks to fight
discrimination, there are forms of discrimination that have persisted in the United States regardless
of the development towards ending discrimination. Wellman (1993) asserts that
while some forms of discrimination are obvious, there are others that are
bustle and as a result very hard to detect. An example is where an employer
refuses to promote an employee based on his or her race and in such a way that
he can give convincing reason which is far from racism or stereotyping.
Dain (2002) gives
one of the very difficult aspects of racial discrimination at the workplace to
be the fact that it can happen without being detected. For instance, unless an
employer accepts that he gave a promotion on the basis of racism, there might
be no way of proving otherwise. Additionally, it is hard for a potential
employee to know the reasons why they were not given a position. Albert (2000) asserts that in such a case, the employer
can get away with discriminatory intent. Even the law itself, no matter how
effective, might not be able to hold the employer liable. In such a case,
asking the employer the reason why a particular person was not hired, he or she
can give many other reasons that are not racist.
Another argument
that emerges in the discussion of racial discrimination at the workplace is
that some forms are unintentional. There are various cases where the employer
acts in a racist manner without intending or being aware that he or she is
being racist. For instance, a case can happen where an employer asks an
employee to recommend another person who he or she is sure will be suitable for
an opening. The employee without intending will pick names of the friends who
happen to belong to his or her own race (Rocchio, 2000). Though this is a form
of discrimination for failing to provide level ground to qualified candidates
to compete for the position it is not the intention of the employer or the employee
to be discriminatory. Another form of discrimination that may be hard to
discern is where a particular role is suitable for a person of a specific race.
For instance, in acting, where a role is meant for a black male, there is no
way a white male can fill it. These are some forms of racism that persist in
employment (Dain, 2002).
When
discrimination is institutionalized it is hard for the employers to realize
that they are discriminating. Even where they are aware, they might pretend not
to be and go ahead to discriminate. A lot of discrimination in the current
society is institutionalized and not intentional. The laws against
discrimination are more effective in cases of institutionalized international
discrimination especially in public institutions like government organizations
or quasipublic organizations such as corporations. Such institutions have a
clear policy and culture that is clear to the public. Dain (2002) argues that
discriminatory policies of this kind can be very clear and companies can be held
liable for perpetrating discrimination. Isolated discrimination is very hard to
prove. Another challenge is that institutionalized discrimination tends to
remain long even after deliberate intentions of discrimination have ended. Some
policy makers have argued that institutionalized discrimination is a past
problem in the country. However, Albert (2000) argues
that statistical evidence still show that it is very much alive. Institutionalized
discrimination has been explained in that the members of some communities are
inherently incapable of taking some important positions. This is the reason why
there are fewer individuals from certain communities in the country in higher
positions in various organizations.
Summary
The social,
economic, political, and cultural disadvantages that have been experienced by
some racial groups in the country still persist. This is an explanation of the
kind of racial discrimination that is being perpetrated in the country today.
There are also policies and procedures in the country that appear neutral but
are still skewed against these disadvantaged groups. Changing such factors is a
major challenge especially coupled with the fact that the people are
historically prejudiced. Some groups in the country are inherently prejudiced
against others. This means that there is existence of negative attitudes
towards the minorities, attitudes that have persisted for generations, and
cannot be wished away in a short time. Such are the attitudes that are imposed
in justifying racial discrimination. It is believed that education as well as
familiarization can change the attitudes. However, there are other negative
effect including justification of discriminatory behaviors, unwillingness to
change the attitudes, and self-fulfilling prophesy for the discriminating and
the discriminated upon groups.
Conclusion
It is evidence
that the United States
has a long history of racial discrimination. Cases of social injustice in the
country are evident. Evidence from statistics is the fact that there are more
people from some racial groups than others, especially in higher paying jobs in
the country. This proves that regardless of the argument that the law in the
country is fighting racial discrimination; the problem is still very much
alive. There are various factors that have been explained in the paper to
explain the continued persistent of racial discrimination in the country. While
some policy makers argue that the problem, especially of institutionalized
discrimination has been eliminated, evidence everywhere reveals otherwise. The
problem of racial discrimination in the united states has been ongoing for
generations and regardless of the efforts to end, there is evidence to suggest
that the war is far from over. Residual discrimination against minorities is
still being experienced and because of the various forms of discrimination that
exist, the problem is far from over. The debate is ended toward the development
of policies and affirmative action to address the issue. However, regardless of
the efforts, the problem of racial discrimination will take a long time before
it is completely eradicated in the country.
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