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The Discrimination Laws need to cover ALL US Citizens
 by: Bill Barger



Why are we not ALL covered under the Discrimination Laws?

The thought that “All Men are Created Equal” was one of the founding building blocks of this great country. Unfortunately, it is historically correct to say that we have not always lived up to that concept or ideal. But we are known as a Society that tries to correct any mistakes it makes. Perhaps it is time to correct this issue in the Discrimination Laws?

The anti discrimination law of 1964, has become the foundation upon which we to this day judge whether discrimination has or has not occurred. Within that law, the applicability of that law is limited to “protected classes of persons”. The classes of race, color, religion, sex, or national origin were the original Protected Classes with Age, and disabilities being subsequently added.

I wish to propose that the “landscape” has changed greatly since 1964. We are speaking specifically of the landscape or reality of employment in 1964, where white, male, prostestant Euro-Americans dominated the management ranks. Is that true today? Certainly the landscape of management is much less well defined.

We have managers today of every race, every color, every religion, every sex, and every national origin, and yes of all ages and ability levels. As discrimination is a function of mostly management misuse of powers, and as managers come in all the different classes of persons, why then aren’t the laws updated to include “all persons” including we who find ourselves to be white, male, protestant Americans.

With 85% if cases being against females, and 15% against males, the fact is that 15% of the known victims of sexual harassment, are not covered under the discrimination laws, unless they happen to be persons of color, or perhaps older in age, or not from Euro-American lineage. And in each of those cases, they would have to prove it was “because” of the color, age or lineage that this discrimination occurred.

So I ask the question again: Why are we not ALL covered under the Discrimination Laws?

More information on Harassment and Sexual Harassment can be found at:
http://www.sexualharassmentresources.com

About The Author

Bill Barger
Barger Specialties LLC

The author has had an interest in discrimination law from the aspects of study of the law, teaching of the law and research of the law. He has seen the detrimental aspects of managers and agencies not knowing how to handle issues of discrimination, particularly harassment and sexual harassment issues.

This article was posted on June 27, 2007

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