406 CHAPTER 13|CIVIL RIGHTS
numbers and confi guration permit. As a result, the legislative redistricting process
now had to avoid discriminatory results rather than being concerned only with dis-
criminatory intent.
However, in several decisions starting with the 1993 case Shaw v. Reno, the
Supreme Court’s adherence to a color-blind jurisprudence has thrown the consti-
tutionality of black-majority districts into doubt. The Court has ruled that black-
majority districts are legal as long as they are “done right,”^37 but it has consistently
held that if race is the predominant factor in drawing district lines, the districts are
unconstitutional because they violate the equal protection clause of the Fourteenth
Amendment. This line of cases struck down black-majority districts in North Car-
olina, Georgia, Louisiana, Virginia, Texas, and Florida. The most recent case, in
2001, upheld the redrawn 12th District in North Carolina, which no longer was black
majority, arguing that when race and partisanship are so intertwined—as they are
when 90 percent of African Americans vote for the Democratic candidate—plain-
tiff s cannot assume that African Americans were placed together for racial rea-
sons. This ruling opens the door for a greater consideration of race than had been
allowed in the previous cases. However, racial redistricting is an unsettled area of
the law, and many other countries have used more aggressive policies such as quo-
tas to ensure more equal representation for minorities and women.^38RACE-RELATED DISCRIMINATION AS DEFINED
BY THE EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
NUTS & bolts
Excerpts from the U.S. Equal Employment Opportunity Commission’s publication defi ning race/color discrimination:
RACE/COLOR DISCRIMINATION
Race discrimination involves treating someone (an applicant or employee) unfavorably because he/she is of a certain race or
because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features). Color
discrimination involves treating someone unfavorably because of skin color complexion.... Discrimination can occur when
the victim and the person who infl icted the discrimination are the same race or color.
RACE/COLOR DISCRIMINATION AND WORK SITUATIONS
The law forbids discrimination when it comes to any aspect of employment, including hiring, fi ring, pay, job assignments,
promotions, layoff, training, fringe benefi ts, and any other term or condition of employment.
RACE/COLOR DISCRIMINATION AND HARASSMENT
It is unlawful to harass a person because of that person’s race or color. Harassment can include, for example, racial slurs,
offensive or derogatory remarks about a person’s race or color, or the display of racially-offensive symbols. Although the law
doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when
it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment
decision (such as the victim being fi red or demoted). The harasser can be the victim’s supervisor, a supervisor in another
area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
RACE/COLOR DISCRIMINATION AND EMPLOYMENT POLICIES/PRACTICES
An employment policy or practice that applies to everyone, regardless of race or color, can be illegal if it has a negative impact
on the employment of people of a particular race or color and is not job-related and necessary to the operation of the business.
Source: U.S. Equal Employment Opportunity Commission, “Race/Color Discrimination,” http://www.eeoc.gov/laws/types/race_color.cfm
(accessed 5/25/10).
13.1
RACE-RELATED DISCRIMINATION AS DEFINED BY THE EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION