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Are Whites A Protected Class From A Hostile Work Environment?

By Steve Sailer

02/21/2021

An extremely relevant legal question is whether the concept of a “hostile work environment” applies to the protection of whites during this era of increasing anti-white hate among the powerful, such as Richard Carranza, the extraordinarily bigoted New York City public schools chief.

For example, from the New York Post:

Bronx educator claims she was fired after sharing Holocaust story, refusing ‘Wakanda’ salute
by Susan Edelman February 20, 2021 | 3:55pm | Updated

Karen Ames, a 30-year Department of Education employee, says she was ousted because she is over 40 and Jewish.

A veteran Bronx superintendent once praised by Chancellor Richard Carranza for her successes in the classroom claims her career was derailed by his “equity” agenda — forcing her to take a demotion in a desperate bid to preserve her pension, according to a $150 million lawsuit.

… At an implicit-bias workshop where superintendents were asked to tell their personal stories, Ames talked about her grandparents’ loss of two children during the Holocaust — only to have colleague Rasheda Amon tell her, “you better check yourself,” the lawsuit alleges.

“That is not about being Jewish! It’s about black and brown boys of color only,” court papers quote Amon as scolding.

Rasheda, you should have called her white, not Jewish.

In August 2018, Ames was summoned to DOE headquarters, where Watson-Harris handed her a termination letter, telling her the department “was moving in a new direction,” she says in the lawsuit. Colleagues were prohibited from communicating with her, and Watson-Harris ordered staff to “eradicate” any reference to Ames, down to the district’s purple color scheme she had designed, she charges.

When the single mom pleaded to keep her employment, retirement benefits and health insurance, the DOE sent her to a Brooklyn “rubber room” with nothing to do.

A month later, Ames was given a choice: take a demotion or be removed from the payroll in 24 hours. She took the demotion.

The DOE eventually assigned Ames to the Office of School Health, but gave her no work for five months, she says. In July, Ames finally took a job as a school administrator in another state.

Hostile Work Environment law only applies to “protected classes,” such as race or sex. Whether whites are protected by the law seems to be:

For example, when I Google “hostile environment white,” the first hit Google returns is not from the Supreme Court or from the New York Times, but from FloridaOvertimeLawyer.com:

That said, Florida Overtime Lawyer’s response is informative:

ARE WHITE EMPLOYEES PROTECTED AGAINST RACE DISCRIMINATION EVEN THOUGH THEY ARE NOT A MINORITY?
RICHARD CELLER
6TH JAN 2021

Workplace discrimination is only prohibited when it is based on a protected class or characteristic, such as race.

FREE Case Evaluation
100% Confidential — No Obligation Case Review …

In the United States, both federal and state laws typically protect workers against employment discrimination.

Not all acts of discrimination are illegal though…

Workplace discrimination is only prohibited when it is based on a protected class or characteristic, such as race.

Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate on the basis of race; however, what if you are not a member of a minority class.

Are white employees protected against race discrimination even though they are not a minority?

Historically, Caucasian, or white, males were the majority class in the workforce in the United States. It was, therefore, on behalf of the minority classes that many of the federal anti-discrimination laws were passed.

HEAR THE #1 THING YOU MUST DO IF YOU ARE DISCRIMINATED AGAINST ON THE JOB

While it may have been the plight of minorities in the workplace that prompted the anti-discrimination legislation, they are not specifically mentioned in many of the laws. For example, Title VII states:

“It shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin;”

Nowhere does it mentioned specific races that are covered nor that only minorities are covered by the law. Therefore, no race is excluded from the protection afforded by Title VII, meaning that a white person IS protected in the same way as someone from any other race.

When a white employee, or prospective employee, is discriminated against because of his/her race it is typically referred to as “reverse discrimination.”

The legal test used to determine if an employee has suffered racial discrimination changes a bit when the claim involves reverse discrimination. Typically, a claimant must prove the following to have a prima facie case for discrimination:

– the employee is a member of a protected class;
-the employee is qualified for the position;
-the employee suffered an adverse employment action; and
-either non-members of that employee’s class were treated more favorably than the employee, or the circumstances give rise to an inference of discrimination

When the claimant is not a member of a minority class, federal courts differ with regard to what the victim must prove to have a prima facie case.

Some courts only require the plaintiff to show that he/she was treated unfavorably by the employer while others require the plaintiff to provide background evidence to support the idea that the employer would discriminate against the majority class.

Reverse discrimination cases are complicated. If you believe you are the victim of reverse discrimination, contact the experienced Florida employment law attorneys at Celler Legal, P.A. by calling 954-XXX-XXXX to schedule your appointment.

So, the answer appears to be that the 14th Amendment’s promise of “equal protection” theoretically applies to whites, but much of The Establishment would rather not think about that.

[Comment at Unz.com]

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