Tagged: evaluations

The purpose of the Title VII was to “remove barriers that have operated in the past to favor an identifiable group of white employees over other employees.”

Source: Griggs v. Duke Power Co., 401 U.S. 424, 429-30 (1971).

“Such subjective decision-making processes, are particularly susceptible to being influenced not by overt bigotry and hatred, but rather by unexamined assumptions about others that the decisionmaker may not even be aware of — hence the difficulty of ferreting out discrimination as a motivating factor.”

Source: Thomas v. Troy City Bd. of Educ., 302 F. Supp. 2d 1303, 1309 (M.D. Ala. 2004).

“I do not find the voluntary quit assertion by [William Morris] to be the only lens through which to evaluate [Marcus Isaiah Washington’s] decision in 2010. I find it more likely that paternalistic soft racism identified Claimant as potentially problematic upon his first outreach to Human Resources. Any one of the representative twenty incidents cited and relied on by Respondent as evidence of Claimant’s substandard work would, theoretically, be grounds for termination. Yet, that did not occur contemporaneous with the alleged incident. Rather, they are subsequently relied on by Respondent for maximum cumulative adverse influence after-the-fact.” — Arbitrator David L. Gregory’s Partial Final Award, December 17, 2013. pg. 8.