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Race Discrimination in Kentucky

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Can we legitimately consider a manager’s ethnic group in transfers or promotions?  My company only considers black candidates for management assignments in predominantly black neighborhoods. I say this is discrimination.

You are absolutely right. According to Title VII of the Civil Rights Act of 1964, this is discrimination, even though at first glance it may seem to be common sense.

Some businesses may assume that it is good policy, thinking that an African-American store manager might relate better to customers in a neighborhood that is largely black, but Title VII, and a recent lawsuit by black pharmacists and managers at Walgreen would argue otherwise.

Title VII prohibits discrimination in hiring and promotion. It says discrimination is illegal in other areas of the workplace as well, including pay, job training, referral, classification, and discharge. It refers to discrimination when awarding benefits, including health insurance, discounts, and time off.

And, most appropriate to your question, it applies to transferring managers from one store to another.

Discrimination is prohibited based on color, race, religion, national origin, or sex, Under Title VII. There is also Executive Order 11246, expanding the anti-discrimination laws to contractors and sub-contractors on projects at the federal level. This same Executive Order guarantees affirmative action to provide for equal opportunity in the workplace.

The managers at Walgreen, the country’s biggest drugstore chain operation, sought the help of the Equal Employment Opportunity Commission, or EEOC. It is the role of EEOC to enforce Title VII.

EEOC brought a lawsuit on behalf of the managers, arguing that as a result of the procedure at Walgreen, they were only promoted in stores in black neighborhoods, and that this very often meant working in underperforming stores. Working at underperforming stores meant their earning opportunities, as well as other opportunities, were curtailed compared to those of other races.

The suit was directed as stores in Kansas City, St. Luis, Detroit, and Tampa, but soon grew nationwide after it was converted into a class action suit.

Walgreen chose to settle out of court rather than become involved in a long and costly lawsuit, and paid $20 million. The money was divided among more than 10,000 Walgreen workers, former and current, nationwide.