Responding to the Threat of Native American Racial Discrimination

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The public face of racial discrimination is usually an African American, or possibly Latino. However, members of any minority can face bias and prejudice at work and in their day-to-day lives. Tribal members, and others who identify as Native Americans, face their own unique threat of Native American racial discrimination. But there are ways to respond to the threat against the nation’s First Peoples.

In this blog post, I will review the Robert Wood Johnson Foundation’s poll regarding racial discrimination among minorities and a publicized panel discussion hosted by the Harvard T.H. Chan School of Public Health regarding Native American Racial Discrimination. I will identify unique challenges faced by native employees and will provide options for those facing discrimination at work.

Native Americans Are An Underrepresented Racial Minority

In conversations about race relations in America, the risks faced by African Americans often take center stage. Sometimes, the loud voices of groups like Black Lives Matter can drown out the perspectives of smaller minority groups, including Native Americans. Stephanie Fryberg, associate professor of psychology and American Indian studies at the University of Washington, told NPR:

“Native people are generally omitted from discussions of discrimination. . . We have been rendered invisible in so many domains. . . the perception is that we’ve vanished or there is the negative stereotype that we are helpless, dependents or wards of the government. That is just not my experience.”

The Robert Wood Johnson Foundation’s racial discrimination poll makes an exception to that invisibility. In breaking down the statistics by racial minority, the poll, and a series of articles explaining the data, gave voice to a variety of racial groups, including Native Americans. The study included 342 adult Native Americans, asking questions about everything from police interaction and housing to workplace discrimination. It evaluated discrimination on the societal and community level, and asked people about their personal experiences, shedding light on the frequency of Native American racial discrimination.

1/3 of Native Americans Report Workplace Discrimination

Native American’s relative rarity (as compared to other racial minorities) doesn’t stop them from being the target of workplace harassment and discrimination. According to the Robert Wood Johnson Foundation’s poll, one third of all workers surveyed in the category report having personally experienced Native American racial discrimination when it came to pay or promotions. Over 30% said they had experienced discrimination when applying for jobs. More broadly, 39% of Native Americans surveyed reported personally experiencing offensive comments, racial slurs, and negative assumptions about their race.

Living In Majority-Native Areas Makes Discrimination Worse

Native Americans (including “Indians”, Native Alaskan and Native Hawaiian residents) make up less than 2% of the nation’s workforce. However, their populations tend to gather in particular geographical regions because of national treaties, which established reservations with the various tribes. NPR’s review of the RWJF poll shows that areas with large populations of indigenous people have bigger problems with Native American racial discrimination than more blended communities. In majority-Native areas, poll participants were significantly more likely to experience workplace discrimination (54% compared to 22% in non-majority areas), and in their interactions with police officers (55% compared to 16%). This may be because the stereotypes associated with the First Peoples are more widely known in areas with higher populations.

Responding to the Threat of Native American Racial Discrimination

Native Americans may perceive government institutions including the police as working against them. But national Civil Rights laws, including Title VII protect all American workers. When faced with the threat of Native American racial discrimination, indigenous workers have the right to file complaints, internally, with the Equal Employment Opportunity Commission, or in federal court. They may be entitled to relief if they experience discrimination in:

  • Applying for jobs or promotions
  • Assignment of tasks, shifts, or responsibilities
  • Payment of wages
  • Addressing workplace harassment by coworkers

Whenever a person’s race enters into an employment decision, whether that race be white, black, or Native American, that person has the right under Title VII to be compensated for those lost employment opportunities.

At Eisenberg & Baum, LLP, our employment discrimination attorneys understand the risks faced by Native American workers. We know what Native American racial discrimination looks like, and how to make it stop. We will help you assess the strength of your case and explore your options in and out of court. Contact us today to schedule a free consultation.

​42% of Women Report Gender Discrimination at Work

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For the past several months, the news has been full of reports of women (and men) raising complaints of gender discrimination and sexual harassment. But are these isolated incidents, or a glimpse at a bigger, societal problem? A survey by the Pew Research Center says that nearly half, 42%, of women report gender discrimination at work.

In this blog post, I will review the Pew Research Center gender discrimination survey. I will describe what gender discrimination at work looks like, and what women (and men) can do if they believe they are being treated improperly.

Pew Research Center Survey Says Gender Discrimination Predates #MeToo Movement

In December, 2017, the Pew Research Center released survey results showing that 4 in 10 women have faced workplace discrimination because of their gender. Survey results included everything from small slights to overt sexual harassment. Lest readers think that this high frequency is due to all the recent publicity of gender discrimination issues, Pew made clear that the survey was conducted between July 11 and August 10, 2017 — months before the #MeToo movement was making headlines. The survey shows that gender discrimination issues are widespread, and are much more than simply the issue of the moment.

25% of Women Report Wage Discrimination

One of the largest areas of concern was wage discrimination. Gender-based pay gaps were a concern for one in four working women, who said they have earned less than a man in the same position. Only 5% of men report making less than a female coworker.

The Equal Pay Act and Title VII of the Civil Rights Act make it illegal for employers to pay women less for the same work as men. This includes everything from salary or hourly wage to bonuses and benefit packages. When an employer uses gender biases to set compensation, employees are entitled to file a complaint with the EEOC to receive additional compensation.

However, the issue of wage discrimination can be complicated by defenses that the employer based compensation on seniority, assignments, employment history, or other gender-neutral factors. When an employee determines that they are being paid less than their other-gendered coworkers, they should talk to an employment discrimination attorney to develop a strong case for wage discrimination.

Women 4 Times as Likely as Men to Experience Competence Questions and Subtle Slights at Work

Pew reports that 23% of women have been treated as though they were not competent at work (compared to 6% of men). 16% reported repeated small slights on the job, and 15% reported receiving less support from senior leaders at work. 10% have been passed over for important assignments.

These apparent small slights are often not enough to prove gender discrimination on their own. Title VII gender discrimination claims must show that gender-based treatment has become so severe or pervasive that it creates a hostile work environment that would negatively affect a reasonable employee.

However, small slights like shift and task assignments or comments about a person’s competence are often signs of bigger problems bubbling just below the surface. An experienced gender discrimination attorney can help employees gather the proof and connect the dots to put together a successful case for gender discrimination under Title VII.

22% of Women Have Personally Experienced Sexual Harassment

The Pew survey distinguished between sexual harassment and the broader issue of gender discrimination. Legally speaking, sexual harassment can occur when employment decisions are made based on a person’s refusal of sexual advances by a superior or coworker. Sexual harassment claims also arise when an employer fails to respond to employee complaints about repeated sexual misconduct or unwanted advances in the workplace.

This is where the #MeToo movement has had the biggest effect on later survey results. An ABC News/Washington Post survey conducted in October found much higher numbers, including 54% of women saying they had received unwanted sexual advances. 30% of these happened at work. An NPR poll in November revealed 35% of women had personally experienced sexual harassment.

Depending on the severity of the sexual harassment, it may only take a single act to establish a Title VII complaint. For example, being fired for refusing sex is itself a strong basis for a sexual harassment claim. In other cases, though, a successful sexual harassment claim is made up of a number of less serious unwanted sexual statements or actions. A sexual harassment attorney can help you develop your strongest case and get the relief you need.

Gender discrimination and sexual harassment are problems that affect women and men in every industry, all across the country. More than just a social media movement, these issues have far ranging effects, touching nearly half of all women who work. At Eisenberg & Baum, LLP, our experienced gender discrimination and sexual harassment attorneys have been working to protect the civil rights of women, minorities, and workers for decades. We know what it takes to bring a Title VII case, and we can help you get relief, rather than simply counting yourself as part of the statistics. Contact us to schedule a consultation.

Sexual Harassment When the Boss Is a Woman

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The #MeToo movement on social media has emboldened the victims of sexual harassment — both women and men — to come forward and tell their stories. Men from the entertainment industry to the capitol have stepped down in the wake of sexual misconduct allegations. But what happens to the victims of sexual harassment when the boss is a woman? Does the law protect men too?

In this blog post I will discuss the allegations of sexual harassment against congressional candidate Andrea Ramsey of Kansas. I will review the laws regarding sexual harassment and how they apply when the boss is a woman. I will also explain how men can respond to sexual harassment at work.

#MeToo Sexual Harassment Allegations Raised Against Female Congressional Candidate

On December 15, 2017, news broke in the Kansas City Star of another #MeToo sexual harassment scandal. The news outlet reported on a 2006 sexual harassment lawsuit relating to the local Democratic candidate for Congress. But there was one major difference between this story and the allegations against Representative Conyers or Republican candidate Roy Moore. This time, the candidate was a woman: Andrea Ramsey.

In 2005, Ramsey was the executive vice president of human resources for a private company called LabOne. One of her male subordinates, Gary Funkhouser, filed a complaint with the Equal Employment Opportunity Commission (EEOC), claiming Ramsey sexually harassed him and retaliated against him for rejecting her sexual advances. The complaint alleged that Ramsey (then Andrea Thomas) subjected him to “unwelcome and inappropriate sexual comments and innuendos.” It said she made sexual advances toward him on a business trip, and that when he refused them she stopped talking to him and his performance reviews were suddenly far worse. On June 13, 2005, he was fired.

The EEOC performed an investigation, and was unable to conclude whether Title VII of the Civil Rights Act had been violated. However, it also didn’t exonerate LabOne or Ramsey’s conduct. Instead it notified Funkhouser of his right to sue, which he did.

Ramsey was not named as a party in the federal lawsuit because she was not the employer, LabOne was. She was therefore not involved in the defense of the case or any settlement negotiations. She continues to deny the allegations, even after the company eventually settled the sexual harassment lawsuit in 2006.

Now, the settlement has become public in response to the #MeToo movement and has caused Ramsey to withdraw from the 2018 congressional race. She told the New York Times that the Democratic Party had implemented a “zero tolerance standard” against sexual harassment allegations and was refusing to support her. On December 15, 2017, she officially ended her campaign.

Title VII Protects Against Sexual Harassment When the Boss Is a Woman

The facts in Funkhouser’s allegations are not that unusual in a sexual harassment lawsuit. Plaintiffs across the country face unwanted sexual advances by their supervisors. All too often, when employees reject these advances, negative performance reviews and retaliatory firings are the result.

However, male employees are sometimes less likely than their female counterparts to complain when sexual harassment happens. Cultural differences can make it more embarrassing for men to publicly object to sexual attention by the women around them than women in the same position, particularly when the woman is their boss or supervisor. Because of this, some men may believe there is nothing they can do to prevent sexual harassment when the boss is a woman.

In fact, these forms of sexual harassment are illegal under Title VII of the Civil Rights Act, no matter which genders are involved. Sexual harassment when the boss is a woman is just as illegal as when a man does it. When men face sexual harassment at work, including being fired for refusing sexual advances, they can be compensated for their losses through the EEOC, or in federal court.

If you are facing sexual harassment from your female boss, an experienced employment discrimination attorney can meet with you confidentially to help you develop your claim and protect your rights. At Eisenberg & Baum, LLP, our sexual harassment attorneys will help you collect your documents, file the necessary claims, and represent you in court. Contact us to schedule a consultation. We stand up for you against sexual harassment, even when the boss is a woman.