Title VII’s prohibitions against race and color discrimination were aimed at ending a system in which Blacks were “largely relegated to unskilled and semi-skilled jobs.” However, Congress drafted the statute broadly to cover race or color discrimination against anyone – Whites, Blacks, Asians, Latinos, Arabs, American Indians and Alaska Natives, Native Hawaiians and Pacific Islanders, persons of more than one race, and all other persons.In addition, it generally is agreed that equal opportunity has increased dramatically in America, including in employment.
A 2003 study in Milwaukee found that Whites with a criminal record received job call-backs at a rate more than three times that of Blacks with the same criminal record, and even at a rate higher than Blacks And, a 2002 study in Boston and Chicago found that résumés of persons with names common among Whites were 50 percent more likely to generate a request for an interview than equally impressive résumés of persons with names common among Blacks.
Unlawful employment discrimination is one of the reasons for these disparities.
Therefore, vigorous law enforcement, and proactive prevention of discrimination – i.e., enhanced outreach, education, and technical assistance to promote voluntary compliance – remain critical to ensuring that race and color play no part in employment decisions.
The standard for employer liability for hostile work environment harassment depends typically on whether or not the harasser is the victims supervisor. 2434 (2013), the Supreme Court rejected in part the EEOCs definition of supervisor.
An employer is vicariously liable for a hostile work environment created by a supervisor. The Court held that an employee is a supervisor if the employer has empowered that employee to take tangible employment actions against the victim, i.e., to effect a significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.