Discrimination?

bulldozer

Our corporation (NFP) provides services to multiple inner city schools. Our audience is 99% African American. Now, here is the situation. We just entered into a contract with an employee of 4 years to remain at full time status. Manager (A) feels that since our audience is African American, an African American woman should be the one who teaches at these specific schools. However, in order for this to happen, financially the company must reduce the hours that were agreed to with the employee of 4 years to create the financial means to support a new staff member. Overall what is happening? The employee that just singed a contract with the company will have her hours decreased, not because of her substandard performance or the capability to provide the services as required, but because she is not an African American woman. Discrimination? If so, can anyone reference me to specific statutes?

Rockie

This is discrimination. You can't hire someone based on race simply because their audience happens to be "African-American". This would be the same thing as saying our audience is 90% Caucausian, so therefore we can only hire a Caucasian for this job. Same thing....race discrimination doesn't apply only to one race.

scottorr

This is what is commonly referred to as "reverse discrimination". All in all it is just plain old discrimination. I good presenter can address any audience regardless of its make up. I agree with Rockie here. Don't open yourself up to a lawsuit.

blw

Title VII of the Civil Rights Act of 1964 states that it shall be an unlawful employment practice to discriminate against someone on the basis of race. Many people mistakenly think it spells out certain races. It doesn't. As stated above, this is discrimination based on race. Check out the EEOC web site for further information. Good Luck.

Crout

Wait a minute. Did the employee sign the contract BEFORE or AFTER you guys decided that you needed to create a new position? If it was before, and both parties agreed to a certain number of hours, where's the discrimination? If you signed a contract and THEN decided that the hours needed to be cut to create a new position, the contract is still binding, and your company will have to make good on it, no?

Dasher

Take out the race issue and look at the facts. If the teacher you hired for the full time work is cabable of performing the job, there is no business related reason to change the position from a fulltime one to two part time ones, simply because Manager A "feels" an African American teacher would be best for the African American children. Manager A doesn't know very much about teaching or HR.

Now if the teacher does not get the job done -- for whatever reason, you may wish to broaden your applicant pool -- and then still hire the best fit for the job based on skills, abilities, experience -- you know the drill.

bulldozer

The contract was signed first.

Leslie

It's discrimination.

Crout

I think this entire issue is moot. If both parties agreed to a certain number of hours, then your company is obligated to pay that person for those hours...end of story. If you want that person replaced for whatever reason, (and I'm not saying race is a valid reason) then your company is free to either try to renegotiate the existing contract (if the contract has such a provision), or buy the person out and hire who you want, and if I'm hearing you correctly that's probably not an option since it would cost your company additional money. So I guess you're stuck with that employee until the contract expires, which gives you time to educate your managers about Title VII.