Presents…

byCaballero, Yenie

Cruz, Gia

Exantus, Jean

Gethers, Brenda

You are a mid-manager in a large company.

You have a supervisor position reporting to you that is now vacant.

You have identified your preferred candidate, but your boss is blocking the promotion.

You believe his actions are racially and/or sexually-motivated, because the individual you want to promote is an African-American woman.   

Is it discrimination?Adverse Action: Blocked Promotion

• An African American female employee is not being promoted to a supervisory position.

• Department head is blocking the promotion.

• The reason for this block has not been determined.

Get Confirmation before taking it up to Human Resources!

Step 2.

• Present the nominated employee’s resume and past performance reviews

• Advise this candidate will be selected if no other candidates surpass her qualifications

• Ask for feedback on the nominee

• If there is resistance, request valid reasons this employee should not be promoted.

Step 3.

REMIND your superior that an employee or applicant who feels discriminated against can:• Sue the company for discrimination• File a complaint with the Equal Opportunity Commission• Go to the Media

Step 4.

Principles of non discrimination which emphasizes that opportunities in education, employment, advancement, benefits and resource distribution, and other areas should be freely available to all citizens irrespective of their age, race, sex religion, political association, ethics origin, or any other individual or group characteristic unrelated to ability, performance, and qualification.

Asian, American Indian or Alaska Native, Black or African American,Native Hawaiian or Other Pacific IslanderHispanic or LatinoAnd…Multiracial.

SNAPSHOT OF DISCRIMINATION CHARGE FILINGS WITH THE EEOC NATIONWIDE

http://www.eeoc.gov/eeoc/newsroom/release/3-5-08.cfm

1) Document the refusal to promote the candidate either via email or memorandum.

2) Take the issue to Human Resources.

Step 5.

You might be thinking…“Reporting this may result in my higher up being terminated…”

What else can you do?

If you are not part of the solution, you are part of the problem.

Affirmative Action

Safeguard

The responsibility of meeting employment goals and providing equal access and equal opportunity rests with those responsible for the hiring decisions.

To conclude after careful thought and consideration of the situation at hand, my fellow group members and myself feel that personal preferences should not be brought into business matters.

As long as the applicant meets the required requisites for the job he/she should be equally considered for the job just as any other individual would. Racial and sexual discrimination is not only illegal worldwide but completely unethical when basing decisions regarding your business. – Yenie Caballero

If you feel you have been discriminated against and you are a member of

a protected class:

• Do not quit.

• Do not give them cause to fire you.

• Document everything

• Seek Legal Counsel

• File an EEOC Complaint

EEO Laws: http://www.archives.gov/eeo/laws/index.html

• Fact #1: Most (EEOC) offices (FEPA) offices have large backlogs of pending cases.

• Fact #2: Every year numerous filed EEO complaints are DISMISSED on technicalities!

• Fact #3: There are 20 reasons EEO complaints are systematically DISMISSED. 

• Fact #4: Probable Cause MUST be established to prove your complaint as substantial to avoid DISMISSAL.

Keep in mind…

Additional Resources & CreditsClick to visit:

Federal Laws Prohibiting Discrimination

FindLaw.com on Employment DiscriminationWhat to Do If You Have Been Discriminated Against

Florida Attorney General Office of Civil Rights 

HG.org Additional Information

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Thank you for taking the time to watch our presentation.

We hope you found it informative and hope that you will take a stand to fight discrimination if ever faced with this

ethical dilemma.

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