Human Resource Blog

Arizona Promotions and Discrimination

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I say it makes sense to assign Hispanic managers only to the stores in predominantly Hispanic neighborhoods. Our Human Resources department says that’s discrimination. Who is right?

According to the law, the HR department is right. It’s discrimination to assign or promote employees based on ethnic group, country of origin or skin color. While it may seem natural to expect that a Hispanic manager will work better with clients in a neighborhood that is largely Hispanic, the law considers it discrimination, and therefore illegal.

If you have a legitimate need for a specific skill, such as the ability to speak Spanish at a certain store, you should include that in the job posting. You should also offer a higher salary, since that person is more qualified. And, you should consider qualified candidates of all ethnic backgrounds, including those who are non-Hispanic.

A group of black pharmacists and managers for Walgreen’s argued this through a lawsuit brought against the nation’s largest chain of drugstores by the Equal Employment Opportunity Commission, or EEOC.

The EEOC’s lawsuit argued that the black managers and pharmacists, as a result, were assigned to so-called underperforming stores, which limited their earning possibilities, and their opportunities in general compared to people of other races in Walgreen.

Walgreen chose to settle out of court for $20 million, and the award was split nationwide among roughly 10,000 Walgreen employees, both current and former. While the EEOC brought its complaints on behalf of managers and pharmacists in stores in Detroit, Kansas City,

St. Louis, and

Tampa, the case expanded into a class action suit, which went national.

The drugstore chain decided on settling out of court rather than admitting wrongdoing or becoming involved in a long and costly trial.

Title VII also prohibits discrimination in the awards to benefits to works. Those benefits could include discounts, health insurance, time off, and others.

Limiting a worker’s opportunities based on race or color is discrimination. The law says that when hiring, you must choose the qualified applicant, and hire or promote that person, regardless of color. The Equal Employment Opportunity Commission or EEOC enforces this federal law.