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    Is Subconscious Racism Actionable in Job Discrimination Claims?

    By Calvin Wolf | Yahoo! Contributor Network – Fri, Feb 17, 2012
    This story comes from the Yahoo! Contributor Network, where individuals publish their unique perspectives on some of the world’s most popular websites.
    Do you have a story to tell? Become a Yahoo! contributor

    COMMENTARY | According to the Associated Press, a class-action suit has been filed against the state of Iowa for hiring and promotion discrimination within all government agencies. Blacks in Iowa are alleging that, for decades, they have been discriminated against by state government agencies and their human resources departments... at the subconscious level.

    Legal scholars claim that the case could be groundbreaking and, if it sets a precedent in favor of the plaintiffs, would quickly see similar lawsuits in many other states.

    Trying to hold people civilly liable for subconscious action seems to be stretching things a little too far.

    While I do not deny that such subconscious goings-on in state of Iowa HR departments could be responsible for differences in hiring and promotion among different racial and ethnic groups, I do not see how being able to sue over someone's subconscious state could be good for society. After all, how can one remedy one's subconscious? And, should the plaintiffs in Iowa succeed, who would be expected to engage in subconscious "cleansing"?

    Would all individuals be expected to try to cleanse their subconscious, or only those in positions of power and authority? Hiring managers? Admissions representatives? Would only whites in positions of determining or influencing hiring and promotion be expected to cleanse their subconsciouses, or would members of all races be expected to seek deep-brain race-neutrality?

    Attempting to remedy subconscious discrimination in hiring and promotion is difficult, if not impossible. A massive bureaucratic system of application and resume review would have to be constructed. In a tight job market when scores of applicants could have nearly-identical resumes, how would one determine whether or not a minority candidate with education A, qualification B, and years of experience C was genuinely discriminated against or was objectively less qualified than a non-minority candidate with education D, qualification E, and years of experience F?

     

    5 comments

    • HitBoy
      HitBoy  •  Pittsburgh, Pennsylvania  •  3 mths ago
      I knew you can''t hate these "people" outright. But now you can't subconciously hate them??? Can you say "THOUGHT POLICE"
    • Ernesto FidelF
      Ernesto FidelF  •  Homestead, Florida  •  3 mths ago
      that is full of s....Then white people can file a suit against black for being the most dependable of welfare for generation,for being the mayority of the population in jails.White people can file a suit against sport teams asking for a more white in the basketball teams.Now blacks can said they were discriminated because almost 100 % Nobel prizes are whites.
      Discrimination in a country that in less than 40 years went from segregation practices to have a black president.
      Ask Michele Obama to show the content of her tesis at the University concerning racial issues.
      Behave like a human been with decency and integrity and nobody will discriminate against you.Work hard and be consistent and nobody will discriminate you.And last but no least don,t discriminate if you don,t want to be discriminated ,
    • Screen Name
      Screen Name  •  Southfield, Michigan  •  3 mths ago
      I once worked for county government in the midwest. During a heated discussion, the HR Director, who was black, pointed his finger at me and said, "You G.D. white people only hire other white people".
    • Yahoo User
      Yahoo User  •  3 mths ago
      well subconscious racism is about as valid as claiming witchcraft was involved
    • borodin
      borodin  •  3 mths ago
      Whoa, the job qualification is being a minority. Once hired, you are doing your job by being a minority.
     Post a comment
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