Can computers be racist? Big data, inequality, and discrimination

Michael Brennan, Ford Foundation

It seems like everyone is talking about the power of big data and how it is helping companies, governments, and organizations make better and more efficient decisions. But rarely do they mention that big data can actually perpetuate and exacerbate existing systems of racism, discrimination, and inequality.

Read the story here.

Executive Order 11246 Celebrates 50 Years

By Shirley Wilcher

On June 4, 1965, President Lyndon B. Johnson gave the commencement address, titled “To Fulfill These Rights,” at Howard University, a historically black college in Washington, D.C. Johnson gave this speech three months before signing Executive Order (EO) 11246, the law that bars employment discrimination and requires affirmative action to promote equal employment opportunity at federal contractor facilities.

Read the story here.

The Effects of Seeing Asian Americans as a Model Minority

Room for Debate, The New York Times

Asian-Americans are often categorized as a single group, comprising about 5.4 percent of the U.S. population. But despite economic disparities between nationalities, it is the highest paid racial group, and its members are more likely to be seen as advantaged, than disadvantaged.

But is it fair to stereotype Asian-Americans as a “model minority,” free of the burdens of discrimination? Or do they also face obstacles as other nonwhite groups do?

Read the discussion here.

Relevant article within Room for Debate:

• “Model Minority” Seems Like a Compliment, but It Does Great Harm

Related content:

• Why Being the Model Minority Hurts Asian Americans (Duane Morris LLP)
• The model minority is losing patience (The Economist)

Are pre-employment background checks discriminatory?

Lexology
Dorsey & Whitney LLP
Edward B. Magarian and Jillian Kornblatt
USA
February 28 2012
Quirky Question # 189:


I am the Human Resources Director at a mid-size company, with employees in eight states. We’ve recently read about the U.S. Equal Employment Opportunity Commission (“EEOC”) bringing suit against employers based on pre-employment background checks, as well as some states prohibiting pre-employment credit checks. We certainly don’t want to create potential liability for ourselves based on our pre-employment screening, but feel that criminal and credit checks are a valuable part of our recruiting process. We are beginning to feel that no matter how we proceed, we face potential liability in one way or another. Do you have any advice?

Ed’s and Jillian’s Analysis:

Full Story: http://www.lexology.com/library/detail.aspx?g=ddc23b2e-23d5-4536-b9f2-048073768c81&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Other+top+stories&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2012-03-02&utm_term=

Purdue Professor Who Ripped Muslims on Facebook Is Cleared of Discrimination

The Chronicle of Higher Education
February 28, 2012, 10:17 pm

Purdue University-Calumet has cleared a professor of discrimination and harassment charges filed against him after he used his Facebook page to harshly criticize Muslims and to publish comments many regarded as blasphemous, the Journal and Courier reported. The campus’s Muslim Student Association, faculty members, and students had brought a total of nine discrimination charges against Maurice M. Eisenstein, an associate professor of political science, after he posted the controversial comments in November.

Full Story: http://chronicle.com/blogs/ticker/purdue-professor-who-ripped-muslims-on-facebook-is-cleared-of-discrimination/40966?sid=at&utm_source=at&utm_medium=en

Appeals Court Revives Political Bias Suit Against U. of Iowa

Inside Higher Ed

January 3, 2012 - 3:00am

The U.S. Court of Appeals for the Eighth Circuit last week revived a lawsuit against Carolyn Jones, a University of Iowa law professor who was dean at the time of the incidents in the suit, by a woman who says she was not hired for several faculty jobs because of her political views. The woman who sued, Teresa R. Wagner, is a conservative who has worked with an anti-abortion group.


Read more: http://www.insidehighered.com/quicktakes/2012/01/03/appeals-court-revives-political-bias-suit-against-u-iowa#ixzz1iPGgvu9C
Inside Higher Ed

White Savannah State football coach settles discrimination suit

The Augusta Chronicle
By Donald Heath
Morris News Service
Thursday, Dec. 1, 2011 7:19 AM

SAVANNAH, Ga. -- Former Savannah State football coach Robby Wells received compensation of $350,000, which included $110,000 to his attorneys, to settle his discrimination lawsuit against the Board of Regents of the University System of Georgia and SSU administrators. The Savannah Morning News learned details of the agreement after issuing a freedom of information request for documents on the case.

Full Story: http://chronicle.augusta.com/latest-news/2011-12-01/white-savannah-state-football-coach-settles-discrimination-suit

Video Interviewing Cuts Costs, but Bias Worries Linger

Workforce Management
By Heather O'Neill
October 5, 2011

As an executive recruiter for 17 years, Amy Rueda has tried most every form of technology to find the best talent.
Starting in the profession when paper résumés and face-to-face interviews were the norm, Rueda, director of strategic talent management for UCLA Development, adopted videoconferencing when it became popular in the 1990s. She soon discovered that although videoconferencing cut travel expenses and was more convenient, it was pricey since it required specialized equipment and location.

Full Story: http://www.workforce.com/article/20111005/NEWS02/111009962/video-interviewing-cuts-costs-but-bias-worries-linger

Sully and Ryder Sued by EEOC for Widespread Discrimination Against Non-Whites

U.S. Equal Employment Opportunity Commission
PRESS RELEASE
9-30-11

Company Officials Used Racially and Ethnically Offensive Terms, Treated Minorities Less Favorably and

Discharged Them for Complaining, Federal Agency Charges
LOS ANGELES — Scully Distribution Services and Ryder System, Inc., the company which purchased Scully, engaged in pervasive and wide-ranging discrimination, harassment and retaliation against a class of the companies’ non-white employees, the U.S. Equal Employment Opportunity Commission (EEOC) announced in a lawsuit filed today. Scully Distribution Services, which provides trucking services, is headquartered in Fontana, Calif., and the discrimination took place throughout its operations in Northern and Southern California.
According to the EEOC, since at least 2003, Scully management officials frequently referred to black drivers as “n----rs,” East Indian drivers as “Taliban” and “camel jockey,” and a Latino manager as “spic.” In addition, EEOC alleges that non-white drivers were often treated less favorably than white drivers with respect to certain terms and conditions of their employment, including the types of driving runs they were assigned. Workers who reported the disparity and harassment were met with retaliatory terminations. In February 2011, Miami-based Ryder System assumed ownership of the enterprise. EEOC argues that Ryder is also liable for the discrimination at issue in the case as a successor corporation.
The EEOC filed its lawsuit in the U.S. District Court, Central District of California, Eastern Division (EEOC v. Scully Distribution Services, Inc. and Ryder System, Inc., Case No. CV11-8090 CAS (SPx)), after first attempting to reach a pre-litigation settlement. The EEOC’s suit seeks compensatory and punitive damages for the class, back pay for victims of retaliatory discharge, and injunctive relief intended to eliminate and prevent the discrimination that permeated the working environment.
“National origin discrimination is a persistent problem in our district, and race discrimination is no less serious,” said Anna Y. Park, regional attorney for the EEOC’s Los Angeles District Office. “The EEOC will vigorously enforce the laws prohibiting this type of illegal treatment.”
“Employers must implement procedures and train staff to protect workers from discrimination, harassment and retaliation,” said Olophius Perry, district director for the EEOC’s Los Angeles District Office. “By sending a strong anti-discrimination message from the start, employers can expect a more productive and harmonious working environment and avoid potential liability.”
According to its website, Scully Distribution Services provided contract carriage services to customers in eleven western states with over 50 operations in California, Washington, Utah, Colorado, Nevada, Oregon, Arizona, and New Mexico. Ryder System, Inc. is a Fortune 500 provider of transportation, logistics and supply chain management solutions throughout North America, Mexico, Europe and Asia.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

http://www.eeoc.gov/eeoc/newsroom/release/9-30-11a.cfm

Commission to Examine Arrest and Conviction Records as a Hiring Barrier

U.S. Equal Employment Opportunity Commission
PRESS RELEASE
7-20-11

July 26 Meeting to Identify Impact of Employment Decisions on Protected Groups

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) will hold a public meeting at 9:30 a.m. (Eastern Time) Tuesday, July 26, to employment barriers faced by individuals with arrest and conviction records.

The meeting will be held at EEOC headquarters, 131 M Street, N.E. In accordance with the Sunshine Act, the meeting is open for public observation of the Commission’s deliberations.

The Commission will hear from invited panelists. The meeting agenda includes:

Panel 1: Best Practices for Employers

•Michael F. Curtin, CEO, DC Central Kitchen
•Victoria Kane, Area Director, Labor Relations & Integration, Portfolio Hotels & Resorts.
•Robert Shriver, Senior Policy Counsel, U.S. Office of Personnel Management
Panel 2: An Overview of Local, State and Federal Programs and Policies

•Amy Solomon, Senior Advisor to the Assistant Attorney General, Office of Justice Programs, U.S. Department of Justice
•Professor Stephen Saltzburg, Criminal Justice Section Delegate and Past Chair, American Bar Association
•Cornell Brooks, Executive Director, New Jersey Institute for Social Justice
Panel 3: Legal Standards Governing Employers’ Consideration of Criminal Arrest and Conviction Records

•Juan Cartagena, President and General Counsel, Latino Justice
•Barry Hartstein, Shareholder, Littler Mendelson, P.C.
•Adam Klein, Partner, Outten & Golden LLP
A brief question-and-answer session with EEOC Commissioners will follow each panel discussion.

Seating is limited and it is suggested that visitors arrive 30 minutes before the meeting in order to be processed through security and escorted to the meeting room. The Commission agenda is subject to revision. Additional information about the hearing, when available, will be posted at http://www.eeoc.gov/eeoc/meetings/index.cfm.

The EEOC will hold open the July 26, 2011, Commission meeting record for 15 days, and invites audience members, as well as other members of the public, to submit written comments on any issues or matters discussed at the meetings. Public comments may be mailed to Commission Meeting, EEOC Executive Officer, 131 M Street, N.E., Washington, D.C. 20507, or emailed to Commissionmeetingcomments@eeoc.gov. All comments received will be made available to members of the Commission and to Commission staff working on the matters discussed at the meetings. Comments will also be placed in the EEOC library for public review.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

http://www.eeoc.gov/eeoc/newsroom/release/7-20-11.cfm

UMass gets $364,000 penalty in bias case

Boston.com
June 17, 2011State House News Service

The University of Massachusetts Dartmouth has been fined $10,000 and ordered to pay one of its English professors $154,000 in lost wages and $200,000 in damages for emotional distress as part of a decision issued by the state’s antidiscrimination agency. According to the Massachusetts Commission Against Discrimination, its June 1 decision in favor of LuLu Sun, associate professor of English, also includes the “unprecedented step’’ of ordering the university to promote Sun to full professor....

Full Story: http://articles.boston.com/2011-06-17/news/29670638_1_promotion-associate-professor-administrators

Regarding Disciplinary Action Toward an Employee, Is Honesty the Best Policy?

Workforce Management
The legal benefits from making the effort to explain a disciplinary action far outweigh the discomfort that may be involved. By James Kingma
Workforce Management Online, December 2010

Employers are not legally required to give employees the reason for a disciplinary action, such as a discharge.
So, why bother? The employee may become angry or ask difficult questions. Confrontations are never fun. That said, the substantial legal benefits from making the effort to explain a disciplinary action far outweigh the discomfort that may be involved. When an employee is discharged and no reason is given, the individual is left to make assumptions that may not be accurate. One of those assumptions is that the individual has been discriminated against or subjected to an unfair action.

Full Story: http://www.workforce.com/archive/feature/legal/regarding-disciplinary-action-toward-employee-is-honesty/index.php

How to Minimize Employment Claims in the Workplace

Workforce Management
March 15th, 2011

In a 2010 survey of federal employees, only 45 percent said they were satisfied with the policies and practices of their department or agency’s senior leaders, while 55.7 percent said their leaders maintain high standards of honesty and integrity.
This approval rating, mediocre at best, reveals a troubling lack of trust and confidence in the day-to-day behavior and practices of senior leaders.
By contrast, a far higher percentage—66.5 percent—said they had trust and confidence in their supervisors.
Why this worrying lack of trust in senior leaders?
This situation is familiar to human resources leaders, compliance officers, general counsels and Equal Employment Opportunity directors everywhere, whether they work in government or the private sector. So how can we as HR, EEO or diversity leaders bridge this gap?
In a word, it starts and ends with leaders. As we have discussed in a previous post, “The 97 Percent Problem: Why Meritless Claims Matter,” the tone is set squarely at the top of the organization, where senior leaders need to make it clear that improper conduct is unacceptable, regardless of whether it’s illegal or not.
But leaders need to do more than merely set the tone; they must act, communicate, get involved and get help when troublesome situations arise and improper behavior comes to light that put the organization at risk for generating legal claims, damaging employee morale and reducing productivity.

Full Story: http://workforce.com/wpmu/ethical/2011/03/15/how-to-minimize-employment-claims-in-the-workplace/

Colleges Discriminate Against the Blind With Google Apps, Advocates Say

The Chronicle of Higher Education
March 15, 2011, 6:07 pm
By Marc Parry

Many colleges find Google’s free e-mail and word-processing services irresistible.
Blind professors and students find them to be something else: inaccessible.
That’s the accusation of a civil-rights complaint filed today against New York University and Northwestern, two institutions that recently adopted the suite of free software services known as Google Apps for Education. The National Federation of the Blind wants the Justice Department to investigate both universities for discriminatory behavior that allegedly violates the Americans With Disabilities Act.
In a series of online videos, the advocacy group lays out a range of problems that occur when blind users access Google’s products with assistive software that reads Web pages aloud. For example, Gmail lacks clear labels to alert users to the type of information that they should put in each text field, such as the message’s subject or the recipient’s e-mail address, says Christopher Danielsen, a spokesman for the blind federation.

Full Story: http://chronicle.com/blogs/wiredcampus/colleges-discriminate-against-the-blind-with-google-apps-advocates-say/30394?sid=at&utm_source=at&utm_medium=en

After Diversity Lawsuit, FDNY Hiring in Limbo

The Network Journal
By: COLLEEN LONG
Wednesday, January 12, 2011
Black American

Paul Washington is a New York City firefighter, like his dad and his uncle before him. His brother is also on the job. Some of his cousins are firefighters, too.
Family legacies aren't unusual in the Fire Department of New York, but the Washingtons are — because they are black. And the nation's largest fire department remains an overwhelmingly white force.
But a federal lawsuit, a court order and a revamped application system are offering a glimmer of a future in which the FDNY could become as diverse as the population it serves — a goal other big-city departments have already achieved.

Full Story: http://www.tnj.com/news/black-american/after-diversity-lawsuit-fdny-hiring-sits-limbo

A Bad Credit Score Could Keep You Unemployed

The Root
Employers and the EEOC may be heading for a confrontation over the use of credit ratings in hiring.
By: Sherrilyn A. Ifill
Posted: November 15, 2010 at 12:01 AM

It's a cruel irony of life that, as Billie Holiday sang, "Them that's got shall get," but practices in today's job market suggest that those in the best position financially have a better chance of being hired to fill the limited openings available. That's because credit checks are increasingly becoming a standard practice for employers. Thirty-five percent of employers admitted that they checked applicants' credit in making hiring decision in 2003. It's believed that the percentage of employers relying on credit checks has increased dramatically in the two years since the onset of the nation's economic crisis. This means that those who most need a job -- unemployed men and women who have fallen behind in home or car payments -- may be less likely to be hired than similarly qualified, but financially secure, applicants.

Full Story: http://www.theroot.com/views/bad-credit-score-could-keep-you-unemployed

The Redwoods In Yosemite To Pay $165,000 For Harassment And Discrimination Against Latinos

U.S. Equal Employment Opportunity Commission
PRESS RELEASE
10-20-10
Latino Housekeepers and a Non-Latino Manager Who Defended Them Forced Out by Operations Manager Who Complained That Mexicans Gave Him a Headache, Says EEOC

FRESNO – A vacation home rental management company in Yosemite National Park will pay $165,000 and furnish injunctive relief to settle a national origin discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
According to the EEOC’s suit against Wawona Property Management, Inc., doing business as The Redwoods in Yosemite, seven Latino employees were targeted for harassment, discipline, heightened scrutiny, and eventual termination by an operations manager who favored non-Latino staff. The EEOC also obtained relief on behalf of the general manager, who was suspended and fired after reporting the discriminatory conduct to the board of directors.
According to the EEOC, the victims were longtime seasonal employees of Mexican and Salvadoran descent, who worked in the housekeeping and maintenance departments since as far back as 1997. In November 2006, the company hired a new operations manager who expressed a disdain for the Latino employees early on, allegedly stating that “Mexicans had given [him] a headache” and that he did not like people of color.
The operations manager verbally abused and formally disciplined Latino staff for alleged infractions such as taking coffee breaks and failing cleaning inspections. The EEOC contends that two Latino housekeepers were disciplined after calling in absences due to the sudden hospitalization of their son, while non-Latino employees who violated company policies were promoted. When the general manager raised the concerns of the Latino claimants to the company’s board of directors, the general manager was suspended and ultimately terminated. Thereafter, the operations manager forced the Latino claimants to quit due to his hostility towards them, the EEOC said.
The EEOC filed suit against Wawona in September 2009 in U.S. District Court for the Eastern District of California (Equal Employment Opportunity Commission v. Wawona Property Management, Inc. dba The Redwoods in Yosemite, Case No. 1:09-CV-016903 LJO-SKO), asserting that the national origin harassment, discrimination and retaliation were in violation of Title VII of the Civil Rights Act of 1964. This settlement is a first for the EEOC in California’s national parks.
The parties entered into a three-year consent decree in which Wawona agreed to revise its policies and procedures with respect to discrimination, harassment, retaliation and employee evaluations. The company further agreed to contract an equal employment opportunity consultant; periodically provide live anti-discrimination training to all employees in both English and Spanish, with additional training for managerial staff on how to properly handle complaints of discrimination and harassment in a neutral manner; track and report potential violations of Title VII; and display a posting on the matter.
“No matter how remote a place may seem, the EEOC aims to serve all workers who may be victims of unlawful discrimination,” said Anna Y. Park, regional attorney for the EEOC’s Los Angeles District Office. “Notwithstanding, the EEOC is pleased that Wawona is taking measures to rectify the situation and prevent future incidents of discrimination from occurring.”
Melissa Barrios, local director of the EEOC’s Fresno Local Office, said, “Workers should be able to come forward about discrimination they may be experiencing without fear that actions will be taken against them. Employers who engage in such illegal retaliation can and will be held accountable by the EEOC.”
The EEOC is responsible for enforcing federal laws against employment discrimination. Further information is available at www.eeoc.gov.

http://www.eeoc.gov/eeoc/newsroom/release/10-20-10c.cfm

“Stray Remarks” Showing Discriminatory Attitudes in the Workplace Can Be Important Evidence of Employer Discrimination

Workplace Fairness Blog
Today's Workplace
August 12th, 2010 Patrick R. Kitchin

On August 5, 2010, the California Supreme Court issued a unanimous decision concerning the type of evidence a worker can rely upon to prove an employer discriminated against him or her. The Court’s decision concerns the so-called “stray remarks doctrine.”
Justice Sandra Day O’Connor coined the term in a 1989 U.S. Supreme Court decision, writing that “stray remarks” made by “non-decisionmaking coworkers or remarks made by decisionmaking supervisors outside of the decisional process” are insufficient evidence of an employer’s discriminatory attitude. Without additional evidence of discrimination, she wrote, a gender discrimination claim can be and should be dismissed by the court before trial.
In Price Waterhouse v. Hopkins (1989) 490 U.S. 228, the worker presented evidence that a partner of the firm told her to “walk more femininely,” “talk more femininely,” “dress more femininely,” “wear make-up,” “have her hair styled,” and “wear jewelry” to improve her chances for partnership. Justice O’Connor concluded that though such “stray remarks” might constitute evidence of a discriminatory attitude in the workplace, they are not sufficient evidence of discrimination on their own. When combined with more direct kinds of evidence of discrimination, however, stray remarks evidence can tend to support a discrimination claim.
Since 1989, some federal courts have expanded the stay remarks doctrine substantially.

Full Story: http://www.todaysworkplace.org/2010/08/12/%E2%80%9Cstay-remarks%E2%80%9D-showing-discriminatory-attitudes-in-the-workplace-can-be-important-evidence-of-employer-discrimination/

Diversity and the Myth of White Privilege

The Wall Street Journal
Opinion Journal
OPINION
JULY 22, 2010

By JAMES WEBB
The NAACP believes the tea party is racist. The tea party believes the NAACP is racist. And Pat Buchanan got into trouble recently by pointing out that if Elena Kagan is confirmed to the Supreme Court, there will not be a single Protestant Justice, although Protestants make up half the U.S. population and dominated the court for generations.
Forty years ago, as the United States experienced the civil rights movement, the supposed monolith of White Anglo-Saxon Protestant dominance served as the whipping post for almost every debate about power and status in America. After a full generation of such debate, WASP elites have fallen by the wayside and a plethora of government-enforced diversity policies have marginalized many white workers. The time has come to cease the false arguments and allow every American the benefit of a fair chance at the future.
I have dedicated my political career to bringing fairness to America's economic system and to our work force, regardless of what people look like or where they may worship. Unfortunately, present-day diversity programs work against that notion, having expanded so far beyond their original purpose that they now favor anyone who does not happen to be white.
In an odd historical twist that all Americans see but few can understand, many programs allow recently arrived immigrants to move ahead of similarly situated whites whose families have been in the country for generations.

Full Story: http://online.wsj.com/article/SB10001424052748703724104575379630952309408.html#articleTabs%3Darticle

Colleges Will Need to Take a Broader View of Discrimination, Campus Lawyers Say

The Chronicle of Higher Education
By Eric Kelderman
Washington
June 28, 2010
The nation's shifting racial demographics and the growing number of government regulations will force colleges to consider issues of discrimination more broadly than in the past, say higher-education legal experts from across the country who are meeting here this week.
And those trends present a growing challenge to colleges as they seek to balance the shifting needs of students and society against the limited resources of their institutions, they say.
Lawyers representing colleges and private practices that specialize in higher education are here for the annual conference of the National Association of College and University Attorneys, which is marking its 50th anniversary.

Full Story: http://chronicle.com/article/Colleges-Will-Need-to-Take-a/66084/?sid=at&utm_source=at&utm_medium=en