Discussion » Questions » Legal » Is it legal to decide which people get laid off based on race?

Is it legal to decide which people get laid off based on race?

Posted - August 14, 2022

Responses


  • 16630
    It isn't, but it can also be hard to prove.
      August 14, 2022 5:52 PM MDT
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  • 33853
    School  district in Minnesota  is putting it openly in writing.   This post was edited by my2cents at August 14, 2022 6:02 PM MDT
      August 14, 2022 6:01 PM MDT
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  • 16630
    With the current make-up of the SCOTUS, they might actually get away with it, despite it being a clear violation of Title VII of the Civil Rights Act.
      August 14, 2022 6:42 PM MDT
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  • 33853
    It will not hold up in court. I am sure it will make its way there.  Sooner if they have to do any layoffs. 
      August 14, 2022 7:21 PM MDT
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  • 10714
    FYI. The question as stated oversimplified the issue.
      August 14, 2022 8:47 PM MDT
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  • 10714
    It would not be, but the Minneapolis  teachers' contract deliberately does not mention race, although we can infer the intent is to retain minority teachers.This will certainly be a matter for debate and lawsuits as are many affirmative action policies. 

    Here is an article that explains it better than I can. It's always best to give the full story, if you are truly seeking thoughtful answers instead of knee jerk responses.

    https://minnesotareformer.com/2022/03/31/minneapolis-new-teachers-of-color-layoff-protections-three-things-to-know/ This post was edited by Jane S at August 15, 2022 11:20 AM MDT
      August 14, 2022 8:43 PM MDT
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  • 3455
    "Give the full story ..."  What a concept.
      August 15, 2022 8:23 AM MDT
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  • 33853
    Just because they played word games not use the word "race" does not mean that is exactly what they are doing.  

    They are using race to decide who gets laid-off.   Semantics or not.   Even your link says it is about "teachers of color".....

    Decisions based on race are still racist even if the bias is in favor the "person of color."
      August 15, 2022 8:30 AM MDT
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  • 10714
    It is more nuanced than that, but you clearly see it as a black and white issue (no pun intended). My link was intended for others to get a complete picture and to understand why the Minneapolis teachers voted to accept the contract and what the fallout might be, since all you posted was a a deliberately one-sided pseudo question.
      August 15, 2022 9:14 AM MDT
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  • 33853
    My question got to the point of the issue.  They are using race to determine who will get laid off....this is blatantly racist.  The purpose maybe attempting to be honorable but being deliberately racist does NOT make up for anything racist in the past.   

    If they want to use something other than seniority (standard), the use students test scores, the average increase each year per student under each teacher.  So it is based on performance. 
    Race should never be part of it. 
      August 15, 2022 9:21 AM MDT
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  • 10714
    Ok
      August 15, 2022 9:24 AM MDT
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  • 10560
    Sure.  When its layoff time, the first employee who can run to Starbucks and bring the boss back a latte without spilling it gets to keep their job.
      August 14, 2022 10:12 PM MDT
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  • 33853
    But still has nothing to do with race of the employee,  just their racing skills. 
      August 15, 2022 7:27 AM MDT
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  • 10560
    Just adding a bit of levity by playing on the word race.  Topics can get some people really riled up.
      August 15, 2022 11:53 AM MDT
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  • 33853
    Yes, it is good to get some humor in sometimes. You are very good at it. I do enjoy reading some of your stuff. :)
      August 15, 2022 12:24 PM MDT
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