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Race, Color & Sex OH MY!

Race, Color & Sex OH MY!. United States Equal Employment Opportunity Commission Denver Field Office . Look How Smart We Are!. Since 1965, the world has invented cordless tools, microwaves, jet airplanes, MRI’s, smoke detectors, laptop computers, ipods, and smartphones.

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Race, Color & Sex OH MY!

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  1. Race, Color & SexOH MY! United States Equal Employment Opportunity Commission Denver Field Office 

  2. Look How Smart We Are! • Since 1965, the world has invented cordless tools, microwaves, jet airplanes, MRI’s, smoke detectors, laptop computers, ipods, and smartphones. • We can sequence the entire human genome… • …and yet segments of our society still refuse to hire someone because of their race, sex, national origin, color, religion, age, or disability.

  3. Title VII • Race • Color • Sex • National origin • Religion • Retaliation for opposing illegal employment discrimination, or because they made a charge, testified, assisted, or participated in any manner in investigations, proceedings, or hearings covered under Title VII.

  4. What is Race? • Ancestry – Racial or ethnic ancestry • Physical characteristics associated with race • Race-related illnesses or genetics • Cultural characteristics related to race or ethnicity • Perceived race • Association with someone of a particular race • “Race Plus” / Intersectional Discrimination • “Reverse” race discrimination

  5. What is Color? • Skin pigmentation, complexion, shade or tone • Discrimination can occur between persons of different races or ethnicities, or between persons of the same race or ethnicity

  6. Sexually Harassment Includes: • Demands for sexual favors for job benefits • Giving favorable treatment to those who grant sexual favors • Unwelcome letters, telephone calls, e-mails or distribution of materials of a sexual nature; deliberate touching; sexually suggestive looks & gestures: pressure for dates or sexual favors; sexual teasing, graffiti, jokes & remarks

  7. Criminal Records & Background Checks • if an employer demands that all new hires be…... “conviction free” • this policy or practice may have a………... Disparate Impact on certain minority groups

  8. Macy: The EEOC’s Position • Any transgender discrimination is sex discrimination because it inherently involves taking gender – and therefore sex – into account. Price Waterhouse: Title VII prohibits taking “gender into account.” • Transgender persons are successful using gender stereotyping theory because very essence of being transgender is expressing gender in manner inconsistent with societal expectations, given a person’s biological sex. But this is only one way to prove discrimination, i.e., employer took gender into account. • Employers take gender into account by discriminating because of a person’s gender transition. • Employers take gender into account by discriminating because of a person’s identification as transgender. • In final analysis, discrimination against transgender person “because person is transgender is, by definition, discrimination ‘based on sex,’” in violation of Title VII.

  9. Don’t forget to visit our web site at: www.eeoc.gov

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