chapter  Chapter 6
26 Pages

Workplace Discrimination

ByBarbara L. Graham

The antidiscrimination principle as applied to the workplace is critical to the pursuit of the American Dream. In the United States, the lack of equal opportunity and workplace discrimination affect where one lives, the quality of education one receives and whether one has access to affordable healthcare. As the cases presented in this chapter illustrate, the achievement of equality in the workplace remains an ideal. Supreme Court decisions have made it more difficult for victims of workplace discrimination to vindicate their statutory rights under Title VII of the Civil Rights Act of 1964, and constitutional doctrines of intent and color-blindness have operated to thwart the principle of equal protection of the law. Despite the Supreme Court’s more restrictive approach to protecting workers from job discrimination, federal appellate courts have expansively interpreted federal antidiscrimination laws in ways that make it easier for racial minorities and the LGBTQ community to counter discrimination, harassment and retaliation in the workplace.