Reverse discrimination in employment

Title VII of the Civil Rights Act of 1964 prohibits discrimination by employers on the basis of national origin, religion, gender, sex and race. Title VII also prohibits employers from creating policies that have a disparate impact on protected class members. In cases involving members of a favored majority, courts have interpreted this law differently.

It is not easy to prove claims of reverse discrimination. Plaintiffs must prove that their employers actually discriminated against them based on a protected characteristic. Plaintiffs must also be able to prove the following elements:

• The plaintiff is in a protected class;
• Employees who are not members of the plaintiff’s protected class who are similarly situated are treated more favorably;
• The employer discriminates against the majority or privileged groups; and
• The plaintiff had a satisfactory job performance or was qualified for the position.

The Supreme Court and reverse discrimination

Affirmative action in college admissions was upheld by the U.S. Supreme Court in Regents of the University of California v. Bakke. In the 1978 case, a Caucasian applicant to a medical school claimed the university’s use of race for admissions purposes was discriminatory. The court ruled that race is one of several factors that colleges can use for admissions, but they could not use quotas for any single factor.

The court again ruled that affirmative action programs for college admissions were lawful in Fisher v. University of Texas in 2016. In that case, a Caucasian woman who was denied admission to the University of Texas sued the school for allegedly violating the Equal Protection Clause. The court found that the admissions program that was used did not violate the Constitution, however.

Contact Swartz Swidler

If you believe that you were turned down for a job or a promotion because of an impermissible factor, you may file a discrimination charge against your employer with your state’s anti-discrimination agency or with the federal Equal Employment Opportunity Commission. Your claim will depend on the facts of what happened as well as the applicable regulations and laws. To learn more about whether you might have a valid claim, contact the employment lawyers at Swartz Swidler to schedule a consultation.