Reporting for News Team One —Mideast

Again. Yes, again. A new, news splash. Racism rears its head. Allegedly, in a major U.S. corporation. At the risk of being desensitized to what leaves no area for lack of sensitivity in the African Diaspora. Now, eight African American men seek justice for racial workplace “microagression(s)”. Complainants’ descriptions of the events, went beyond “micro” to “major”.

Conclusions arrived at, from indications of the eight plaintiffs legal grievance provides an assumption that the work environment became humiliating. Let’s see.

Eight black men formerly employed by United Parcel Service, in the court filing said:

[They] “endured severe and pervasive comments, intimidation, ridicule and insults while working at UPS” The former UPS employees are: “William Barber, Jeffrey D. Goree, John J. Hughes, David W. Young, Curtis A. Weathers, Lamont Brown, Glenn D. Jackson and Donald L. Ragland”.

As Reported by: Associated Press, Brett Barrouquere, 6/10/14

Among the most egregious account described by the eight plaintiff’s legal suit, seems, unthinkable in 2014, considering the Civil Act Rights Act of 1964 Title VI and the enforcement authority of the Equal Opportunity Commission. But here’s a summarized ‘jist’ of the case:

UPS workers named in the suit are now dependent on demonstrating the burden of proof concerning their allegations of racial discrimination. Serious emotional effects having to deal with experiencing such a level of racial injustice, must have been endured, (we will assume). One matter concerns a “dummy” dangling from the top of the room near the management area for more than “two weeks”.

The men did seek mediation with UPS management. However, instead of an internal judicious remedy as restorative working conditions, the eight black men experienced, more racially based pressure through quasi demotions and continued racially based oppressive working conditions continued. Oddly enough, the AP reports, complainants indicated in the filing that, the acts of racial microagression began shortly after the first “general campaign” of President Barack Obama, then presidential candidate, in 2008.

United Parcel Service’s Response

“Rosenberg, United Parcel Service Representative, responded to the men’s court filing: “we took it seriously” and the [‘dummy’ was used for ‘safety training for drivers’] “we believe this was never intended to be offensive or discriminatory”, as reported by Barrouquere, Associated Press.

Seeking Justice—Reasoning

There is no shortage of news reports where African Americans experience varying levels of racial injustice in many of sectors American society. For black men, look no further than the massive prison industrial complex, as evidence. What is significant here is that these eight black men are taking a legal stand. One that so many African Americans in the African Diaspora do not have the resources or wherewithal to seek justice.

Why Don’t We Seek Workplace Justice Largely?

Let face it. Unemployment numbers for African Americans are staggeringly high. Any black employed person who is employed at will must provide for their family. That is the nature of earning wages. Right. Meaning, at the risk of obtaining justice, can anyone sacrifice steady income as employment, for justice in court? It is in the interest of equality of opportunity, to pursue liberty to provide for one’s interests. Is not seeking justice worth earning a wage that comfortably sustains their lifestyle and survival by standing down against experiences of workplace racial discrimination?

More often than not. The answer is yes. We endure mistreatment. Or, people usually quit the racially based charged workplace if they can find a better working environment. That is, if they can, so they don’t leave at all. Most often though, black people, certainly do not sue.

Well, in Kentucky, eight black men who were discriminated while employed by UPS, have done something about it.

Racial Discrimination Workplace Complaints  in the United States

The Equal Employment Opportunity Commission, a federal agency charted by Congress via Civil Rights Act 1964 legislation, is charged with enforcing equal opportunity employment in the United States of America.

What happens if no discrimination is found by EEOC?

This may involve hiring/retaining your own lawyer if your case is deemed to lack “merit”.

This process is call the “Notice of Right to Sue”. However, this notice is only received after EEOC has investigated a workplace racially based discrimination case and found the agency cannot assist a person in legal recourse.

Equal Employment Opportunity Commission—Enforcement of Civil Rights 1964 Title VII?

Enforcement of Civil Rights Act Title VII 1964 EEOC statistics reports show that for the years 2008 and 2013, they agency either initiated or intervened in 224 cases and 78 cases, respectively.

For these years: 

• 2008 Individual Charges of Title VII violation, 35.3% of 33,937, where were actual filings
• 2008 Monetary Resolutions for the 35.3% in the Amount of $65.6 million dollars were adjudicated
• 2013 Individual Charges of Title VII violation, 36.5% of 33,068 where were actual filings
• 2013 Monetary Resolution for the 36.5% in the amount of $22.0 million dollars were adjudicated

U.S. Equal Employment Opportunity Commission Enforcement Index, June 2014

These are not the figures for all those who could have filed legitimate Title VII violations.

Adjudication Increasing Justice—Enforcement of the Civil Rights Laws on the Books

Derrick Bell, Jr., Emeritus Harvard Professor, in his article, Property Rights in Whiteness 1988, reminds us that a consensus in former times where American power structures held constant, was that a black man legally could not be respected. Such was, in the case of Dred Scott where a black man’s rights could legally be totally rejected, circa late 1800s.

Juneteenth is here again. Yet, here we go, again. We know Civil Rights have been enacted to protect us. Let us judiciously apply these laws. EEOC regulations support that allegations of workplace discrimination be mediated. Here, the claimant, mediates with the employing entity’s management channels/structures as an individual claimant and/or with the EEOC’s technical assistance. Likely, money is a strong factor in whether or not a black person must access legal technical assistance from this government agency.

Our recent ancestors were beaten, hosed, and assassinated in the streets of America for us seeking justice. Then, in the 60s & 70s, federal government’s answer was the myriad of civil rights legislation covering education, employment, income, housing, etc.

Are there any solutions? As black people innovate in the African Diaspora, in America: for African Americans: of course, black business is the answer, NOW.

Let us not forget what our African American predecessors fought for, and the federal legislation enacted to make it materialize.

Right on! These brothers in Kentucky took a legal stand against workplace race based oppression. These brothers must be respected.