COLOR DISCRIMINATION: DIFFERENTIATE AT YOUR PERIL

HENRY FINDLEY
STEPHEN C. GARROTT
ROBERT WHEATLEY

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DOI: 10.2190/2RFQ-V9FE-Q7Q7-CP2Y

Abstract

Color bias is discrimination based on differences in skin pigmentation. Despite the plain language of the Civil Rights Act, this form of discrimination, was, for many years, either not actionable or treated as race discrimination. After the Supreme Court ruled otherwise, claims of color discrimination have been recognized by the lower courts and the number of color-bias cases have increased dramatically. Interestingly, these cases are proving to be mostly an intraracial phenomenon. This article examines the emerging case law surrounding color-discrimination complaints. The significance of the issue has grown with changes in the racial diversity of the American workforce. Our conclusions focus on the managerial implications of the consequences of color discrimination and the cost of failure to recognize and deal with color bias in the workplace.

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This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.