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In the 1960s, many affirmative action policies and practices were put into place. These practices were meant to act as a way of making it up to previously discriminated against groups their lack of advancement. The practices could mean applying extra points to an employment exam or having some sort of quota in place to ensure that some level of diversity was created or maintained within the company or division.
As a result of the affirmative action programs, there have been a number of cases where non-minority people have alleged that they have been the victims of reverse discrimination. Reverse discrimination is something like ordinary discrimination but it involves discriminating against an otherwise qualified non-minority in favor of a lesser qualified minority candidate. The reason for the preference may be that the company may not want to appear to be racist or may just want to ensure a certain amount of diversity within the organization.
One of the biggest places that reverse discrimination has come into play has been in schools and universities. Students who have been refused admittance have alleged that they were refused admittance to the undergraduate or graduate program because they were not a minority. In one situation involving a law school, the courts told the individuals claiming reverse discrimination that they were, quite frankly, nuts for thinking that the law school would ever have admitted them. Yes they were passed over but not because they were non-minorities. Rather, they were passed over because they really weren’t qualified for the school.
Reverse discrimination in the workplace may be harder to find or successfully allege since there frequently aren’t specific criteria that can determine raises, advancements, or hiring in general. Individuals who are invited to interview can make or break their employment based on how their interview goes; it is not all dependent on one’s degree or previous experience, although those things do help.
Reverse discrimination is commonly alleged in the advancement of teachers and school administrators. This can happen because these positions sometimes carry tests with them to determine who moves on to the next level. While it is not too common, it is possible for someone who scores a perfect score not to be advanced because an individual that scored less on the actual test (or got more questions wrong) beats him or her out because of points added on for various factors not relating to test scores or experience.
The Houston employment lawyers of the Ross Law Group are dedicated to fighting discrimination in the workplace in all shapes and forms.
Joseph Devine
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