Melanie Funchess talks about implicit bias and how it manifests in society. She gives different stories about her married life. When her husband becomes ill, he is taken to a hospital. The doctors were convinced that because he is a black man, there could only be a specific disease that he must be suffering from. They even harass him to tell that he has a secret relationship with other men. The wife gets outraged and tells the doctors to look for "white people diseases." After a week, the husband is diagnosed with a disease and is treated. This could have affected her because otherwise, the husband could have died. She would be left with the burden of bringing up their children alone. She gives another instance where the teacher refuses to acknowledge that she could do mathematics. Instead of the teacher looking at her answer, he calls her the N-word. The teacher subconsciously refuses to recognize that black people can do mathematics. This affects her dream. More recently, her daughter goes through the same thing but with her guidance counselor. The councilor shutters her dream because of her skin color.
Key terms
Section 1981 forbids discrimination or harassment against nonwhites as well as whites (It was intended to prohibit discrimination in the enforcement of making of the contract in favor of or against any race)
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Section 1985 forbids the two or more people in any territory from conspiring to prevent, by intimidation, threat, or force any person from holding, or accepting any trust, place of confidence or office under the US.
Personal appearance discrimination is recognized under racial discrimination. For it to be recognized under racial law, one has to establish a clear distinction between his or her grooming or dressing issue and the adverse action taken.
Racial harassment has been determined as violating Title VII. In order for this claim to stand, the issue must be prevalent and severe, making the work environment hostile.
Severe has the meaning of being intense, while pervasive means common or prevalent.
A hostile work environment is a place of work that unwelcome conducts or comments based on race, religion, gender, nationality, or other characteristics that are legally protected interfere with the work of an employee.
Color discrimination is treated adversely because of how his or her skin looks like, and it can happen between people of the same and different races.
National origin discrimination occurs when an individual is discriminated against because they come from a different country where he or she was born. Title VII prohibits this.
Associational discrimination is discrimination by an employer to another employee because they are in a relationship with a minority.
National origin discrimination is expanded broadly to cover association or marriage to people within a specific national origin.
All the statements a discriminatory. Being told that he looked different as night and day, being called a little black ship counts as color discrimination. The sexual orientation should comment on a factor in establishing a sexual harassment claim.
An employment decision should not be based on someone’s accent. It should be based on what the person can offer no matter where they come from. Being a Filipino immigrant, Fragante was more capable than the other two employees that were employed. This is quite unfair because after all, Fragante could have performed better than these other two employees who were hired just because they do not have an accent. The employer chose accent over skills, which should never be the case in an employment situation.
