Human Resource Blog

Store Assignments and Race Discrimination in Missouri

	Compensation
Employee Payroll Action Form W-4 Employee Withholding Allowance Cert. Employee Payroll Status/Change Form Direct Deposit Form Total Compensation Summary

	Hiring and Staffing
Complete Business Forms Kit CD Form I-9 Employment Eligibility Verification Employment Application Long Form Substance Testing Consent Form Pre-Employment Reference and Background Check Employment Offer/Acknowledgment Receipt of Employee Handbook New Hire Survey

	HR Management
Confidential Employee Folder Confidential Employee Medical Folder Job File Worksheet Folder Daily EEO Applicant Flow Log Workplace Information Sheets Request to Inspect Personnel Files

	Labor Laws
Complete State & Federal Labor Law Posters 1 Year Compliance Protection Plan State ONLY Labor Law Posters Federal Labor Law Posters

	Management/Leadership
Complete Harassment Forms FMLA Administrator Kit Harassment Prevention Kit Sexual Harassment Kit Workplace Information Sheets

	Performance Management
Performance Appraisal Review Employee Performance Evaluation Form Performance Improvement Plan Employee Warning Notice Employee Counseling Report Employee Final Warning Notice

	Structural Development
Workplace Information Sheets Complete Business Forms Kit CD FMLA Administrator Worksheet FMLA Administrator Kit USERRA Employee Handout Packet The USERRA Easy Comply Set

	Workplace Management
Attendance Organizer for 2008, 2009, or 2010 Employee Warning Notice Employee Counseling Report Performance Improvement Plan Employee Performance Evaluation Form Employee Final Warning Notice Separation Checklist Harassment Prevention Kit

Our

Missouri company has the policy of assigning black store managers only to stores in predominantly black neighborhoods. Is this discrimination, or common sense? 

What you are describing is discrimination based on race. It’s easy to assume that an African-American manager will have a better rapport with patrons in a predominantly black neighborhood, but in fact, it’s illegal discrimination.

Walgreen, the nation’s largest drugstore chain, recently settled a suit with the EEOC for exactly that situation. Black managers and pharmacists charged that they were only promoted to positions at stores in predominantly black neighborhoods. This included a large number of underperforming stores, which limited their earning potential. It also limited their opportunities, compared to employees of other races.

The original EEOC complaints concerned stores in Tampa Florida, St. Louis, Kansas City and Detroit but the suit was quickly expanded nationwide and converted to a class action suit.

Rather than admit any wrongdoing or endure a lengthy and expensive trial, Walgreen settled out of court for $20 million. The award was divided among more than 10,000 current and former Walgreen employees nationwide.

There are several concerns that a practice like this raises under Title VII of the Civil Rights Act of 1964. The act prohibits discrimination in hiring and promotion based on race, color, religion, sex, or national origin.

When you choose to limit opportunities for employees based on their race or color, you are committing discrimination. Under the law, you must consider all qualified applicants for the position, and hire or promote the most qualified candidate, regardless of skin color.

Title VII of the Civil Rights Act of 1964 prohibits discrimination in hiring, promotion, discharge, pay, job training, classification, referral, and other aspects of employment. This includes transferring managers from one store to another. It is also illegal to discriminate in awarding benefits to employees, such as discounts, time off, health insurance, etc. This law is enforced by the Equal Employment Opportunity Commission (EEOC).

Executive Order 11246 extends similar protections to contractors or sub-contractors on federal projects. In addition, the Executive Order requires affirmative action to ensure equal opportunity in employment.