Discrimination in the USA: Cases and Policies

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Table of Contents

Introduction
Basis of discrimination
Complaint process
Conclusion
References

Introduction

Discrimination is an evil that has been affecting nations and organisations for years. It can be defined as an act that denies some people the right to enjoy some privileges and participation in particular social activities. In other words, a particular class of people is treated in a way that is not acceptable due to their country of origin, religion, disability, or sex, among other reasons (Vandenhole, 2005). Discrimination affects the victims to the extent that they are not able to participate fully in a group, or they are not able to behave the way they should in the group. In most cases, the groups of people who are discriminated are the minority in the society. This article will focus on discrimination in the United States of America and the policies that have been passed in a bid to end discrimination. It should be noted that the United States of America is among the countries that have had the most cases of discrimination. For instance, the black Americans were not treated equally compared to the other Americans during and after the slave trade era.

Basis of discrimination

The black Americans were discriminated by being denied a number of rights. For instance, they were denied the right to education and religion, as well as the freedom of speech. They were discriminated on the basis of their skin colour. Having originated from Africa, the black Americas were viewed by the white Americans as slaves and people who were not supposed to access any rights. The black Americans found their way to America during the time of the slave trade when Africans were taken to America to work as slaves. The African Americans have been treated as minorities in the society since then (Goldman & Corrada, 2011). The main reason for being discriminated is the colour of their skin. They are associated with apes; therefore, they are seen as if they are not complete humans. The black Americans have been fighting for their rights since the 16^th century. Formation of movements to fight for the rights of black Americans has characterised the struggle against discrimination. One of the well-known movements is the American Civil Rights Movements, whose genesis can be traced back to the year 1783. The movement was in the front line in fighting for the rights of the African Americans. The movement lobbies for the social, economic, and civil rights of the African Americans. The role of African Americans in the military has also been debated in the fight against discrimination.

The Civil War was a turning point for the Africans Americans in terms of social and economic rights. This was after the 13^th Amendment of the constitution. The amendment included a section that abolished slavery in America. Slaves were freed from the Southern masters. Racial discrimination was also criminalised (Vandenhole, 2005). The black Americans were given the right to make their own decisions and be the architects of their own destiny. This was influenced by President Abraham Lincoln and the might of the Republican majority in the US Congress, who were determined to grant equal rights to all the American citizens.

Policies have been passed in the United States as the war against discrimination continues. The policies bind the whites so that they can stop discriminating the blacks. The situation has improved significantly, as was noted when the US elected Barrack Obama as the first black president of the United States.

Complaint process

Ensuring that the people of the United States accept and embrace all the races is a process that has taken a long time to achieve. In the US, one is supposed to follow a complaint process if they are discriminated in their place of work or elsewhere in the society. The person who is discriminated is advised to take the complaint to the courts of law or follow the EEO process, which handles complaints of discrimination. The first step in this process is to inform an EEO counsellor (U.S. Equal Employment Opportunity Commission, 2014). If one is an employed citizen, then they can report the issue in an agency that is located at the place of work. This should be done within one and half months after the discrimination. The counsellor then advises on what one should do.

The next step, in most cases, is to file a formal complaint. The complaint is then handed over to the agency to decide whether the case should be taken to the next step or be dismissed at that point (U.S. Equal Employment Opportunity Commission, 2014). If the case is dismissed, then the agency carries out an investigation. Thereafter, a notice with two alternatives is given. One of the alternatives that are given is to request a hearing at the EEOC Administrative office. The second alternative is to request the agency to give its verdict on whether there was discrimination or not.

The hearing is done in one month after the agency issues a notice, if the individual wants the case to be heard. The hearing is conducted by the EEOC administrative judge (U.S. Equal Employment Opportunity Commission, 2014). The judge makes a decision after the hearing. In case discrimination is found, then the judge orders for a relief. The agency gives a final order upon receiving this order, whereby it either agrees or disagrees with the administrative judge. It also states whether it complies with the order given by the judge.

One may file an appeal if they were not satisfied with the final order. The deadline for lodging the appeal is 30 days, otherwise the appeal is considered invalid. The EEOC attorneys conduct a review of the appeal. The agency also launches further investigations into the issue once the appeal is lodged. Whatever was said during the first hearing is also reviewed on a script (U.S. Equal Employment Opportunity Commission, 2014). There is finality in the decision made by the agency once a request to reconsider the ruling is made. This implies that the request can be accepted or rejected by the agency, as it may deem appropriate. One can then go on to file a lawsuit in case they are not satisfied.

Conclusion

Discrimination has been reduced in the US in a significant way. The citizens of the United States now largely accept all the races and ethnic groups in the country. However, there are still aspects of discrimination in the country. There are legal processes that one should follow in case they are discriminated in any way. The EEO complaint process is one of the most popular processes that have helped in reducing discrimination in the US.

References

Goldman, A. L., & Corrada, R. L. (2011). Labour law in the USA. Alphen aan den Rijn, The Netherlands: Kluwer Law International.

U.S. Equal Employment Opportunity Commission (2014). Overview of federal sector EEO complaint process. Web.

Vandenhole, W. (2005). Non-discrimination and equality in the view of the UN human rights treaty bodies. Antwerpen, Belgium: Intersentia.

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Discrimination in the USA: Cases and Policies

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