It’s hard to think of a legal battle that’s been running longer than the fight against discrimination, especially employment discrimination. It’s been raging since 1964 when Title VII became the law of the land. About 50 years later, some incidents show how Title VII has moved forward in some areas and has sat idle in others.
One Step Forward, Another at a Standstill
It’s a bit ironic, but two cases handled in the same city show how Title VII evolves and stands still at the same time.
Employers: Watch Your Customers
Employers and employees are familiar with the laws on sexual harassment and how a hostile work environment created by supervisors and co-workers can cause big legal problems for employers. What happens if an employer’s customers or patrons create a hostile work environment for an employee?
The Customer Isn’t Always Right
The federal appeals court in Chicago answered the question: The employer can be liable for the patron’s discrimination. The case involved a nursing home in Indiana. A patient insisted that only Caucasian nurses and aides help her. The nursing home complied with her wishes, and an African-American aide wasn’t allowed to give the patient any assistance.
When the nurse was later fired for other misconduct, she filed suit under Title VII. She claimed the nursing home allowed a hostile work environment to exist by complying with the patient’s racial preferences.
The federal appeals court agreed. It decided that a company’s desire to cater to its customers’ racial bias is not a defense to for treating employees differently based on their race.
No Help for Sexual Orientation Discrimination?
While Title VII covers discrimination based on sex and gender, it doesn’t cover sexual orientation, like when an employee is fired because he’s gay. However, several states make such discrimination illegal, including Illinois.
A worker in Chicago filed a complaint with the Chicago Commission on Human Relations (Commission) claiming that Jesse Jackson gave him “uncomfortable” duties to perform and ultimately fired him from the Rainbow Push Coalition because he was gay.
Jackson and the Coalition denied any wrongdoing.
Next, Protect Yourself