Minorities in the Labor Force - Discriminatory Employment Practices

Under Title VII of the Civil Rights Act of 1964 (PL 88-352), employers may not intentionally use race, skin color, age, gender, religious beliefs, or national origin as the basis for decisions relating to almost any aspect of the employment relationship, including hiring. Despite this law, African-Americans, Hispanics, and other minority groups do suffer from discriminatory hiring practices as well as other race-based obstacles to finding employment.

TABLE 4.2 Employment status of the Hispanic population by sex and age, 2004–05 "Table A-3. Employment Status of the Hispanic or Latino Population by Sex and Age," in News Release, U.S. Department of Labor, Bureau of Labor Statistics, December 2, 2005, http://www.bls.gov/news.release/archives/empsit_12022005.pdf (accessed December 27, 2005)

TABLE 4.2
Employment status of the Hispanic population by sex and age, 2004–05
[Numbers in thousands]
Employment status, sex, and age	Not seasonally adjusted			Seasonally adjusteda
	Nov. 2004	Oct. 2005	Nov. 2005	Nov. 2004	July 2005	Aug. 2005	Sept. 2005	Oct. 2005	Nov. 2005
aThe population figures are not adjusted for seasonal variation; therefore, identical numbers appear in the unadjusted and seasonally adjusted columns.
bData not available.
Note: Persons whose ethnicity is identified as Hispanic or Latino may be of any race.
SOURCE:"Table A-3. Employment Status of the Hispanic or Latino Population by Sex and Age," in News Release, U.S. Department of Labor, Bureau of Labor Statistics, December 2, 2005, http://www.bls.gov/news.release/archives/empsit_12022005.pdf (accessed December 27, 2005)
Hispanic or Latino ethnicity
Civilian noninstitutional population	28,520	29,456	29,552	28,520	29,168	29,264	29,361	29,456	29,552
Civilian labor force	19,548	20,101	20,274	19,552	19,794	19,914	19,941	20,026	20,208
Participation rate	68.5	68.2	68.6	68.6	67.9	68.0	67.9	68.0	68.4
Employed	18,258	18,978	19,052	18,238	18,698	18,761	18,644	18,856	18,987
Employment-population ratio	64.0	64.4	64.5	63.9	64.1	64.1	63.5	64.0	64.2
Unemployed	1,290	1,122	1,222	1,313	1,096	1,153	1,297	1,170	1,221
Unemployment rate	6.6	5.6	6.0	6.7	5.5	5.8	6.5	5.8	6.0
Not in labor force	8,972	9,355	9,278	8,968	9,374	9,350	9,420	9,431	9,344
Men, 20 years and over
Civilian labor force	11,271	11,597	11,626	b	b	b	b	b	b
Participation rate	84.8	84.4	84.3	b	b	b	b	b	b
Employed	10,654	11,088	11,072	b	b	b	b	b	b
Employment-population ratio	80.2	80.7	80.3	b	b	b	b	b	b
Unemployed	617	509	554	b	b	b	b	b	b
Unemployment rate	5.5	4.4	4.8	b	b	b	b	b	b
Women, 20 years and over
Civilian labor force	7,264	7,478	7,585	b	b	b	b	b	b
Participation rate	57.7	57.5	58.2	b	b	b	b	b	b
Employed	6,765	7,048	7,096	b	b	b	b	b	b
Employment-population ratio	53.7	54.2	54.4	b	b	b	b	b	b
Unemployed	498	430	489	b	b	b	b	b	b
Unemployment rate	6.9	5.7	6.4	b	b	b	b	b	b
Both sexes, 16 to 19 years
Civilian labor force	1,013	1,027	1,063	b	b	b	b	b	b
Participation rate	38.4	37.8	39.0	b	b	b	b	b	b
Employed	839	843	883	b	b	b	b	b	b
Employment-population ratio	31.8	31.0	32.4	b	b	b	b	b	b
Unemployed	174	184	180	b	b	b	b	b	b
Unemployment rate	17.2	17.9	16.9	b	b	b	b	b	b

On June 17, 2003, civil rights attorneys filed a class action lawsuit against Abercrombie & Fitch, one of the nation's largest clothing retailers, for discriminating against people of Hispanic, Asian-, and African-American descent. The young adults were represented by the Mexican American Legal Defense and Education Fund, the Asian Pacific American Legal Center, and the National Association for the Advancement of Colored People's Legal Defense and Educational Fund. In "Lieff Cabraser and Civil Rights Organizations Announce Abercrombie & Fitch Charged with Employment Discrimination in Federal Class Action Lawsuit" (June 2003, http://www.afjustice.com/press_release_01.htm), Thomas A. Saenz of the Mexican American Legal Defense and Educational Fund was quoted as saying: "Through means both subtle and direct, Abercrombie has consistently reinforced to its store managers that they must recruit and maintain an overwhelmingly white workforce." According to AFjustice.com in "$40 Million Payment, Detailed Plan for Diversity in Employment Discrimination Suit against Retail Giant Abercrombie & Fitch" (November 2004, http://www.afjustice.com/press_release_02.htm), the lawsuit was settled on November 16, 2004, requiring the company to pay $40 million to the applicants and employees who charged the company with discrimination as well as to comply with provisions related to the recruitment, hiring, job assignment, training, and promotion of minority employees. Although this was a prominent case brought to court, discriminatory employment practices are difficult to prosecute effectively and remain pervasive in the United States.

Equal Employment Opportunity Commission

On May 17, 2000, the U.S. Equal Employment Opportunity Commission (EEOC) issued new guidelines to facilitate the settlement of federal-sector discrimination complaints, including claims brought under Title VII. Under the administration of Chairperson Ida L. Castro, the EEOC sought to reform its complaint process for TABLE 4.3 Employment status of the Mexican, Puerto Rican, and Cuban population by sex and age, 2004–05 "D-12. Employment Status of the Hispanic or Latino Population by Sex, Age, and Detailed Ethnic Group," in Employment and Earnings, U.S. Department of Labor, Bureau of Labor Statistics, December 2005, http://www.bls.gov/web/cpseed12.pdf (accessed January 2, 2006)federal employees. The new directive authorizes federal agencies to enter into settlement of bias claims, including monetary payment.

TABLE 4.3
Employment status of the Mexican, Puerto Rican, and Cuban population by sex and age, 2004–05
[Numbers in thousands]
Employment status, sex, and age	Hispanic or Latino ethnicity
	Totala		Mexican		Puerto Rican		Cuban
	Q4 2004	Q4 2005	Q4 2004	Q4 2005	Q4 2004	Q4 2005	Q4 2004	Q4 2005
aIncludes persons of Central or South American origin and of other Hispanic or Latino ethnicity, not shown separately.
bData not shown where base is less than 60,000.
Note: Persons whose ethnicity is identified as Hispanic or Latino may be of any race. Beginning in January 2005, data reflect revised population controls used in the household survey.
SOURCE: "D-12. Employment Status of the Hispanic or Latino Population by Sex, Age, and Detailed Ethnic Group," in Employment and Earnings, U.S. Department of Labor, Bureau of Labor Statistics, December 2005, http://www.bls.gov/web/cpseed12.pdf (accessed January 2, 2006)
Total
Civilian noninstitutional population	28,520	29,551	18,091	18,627	2,412	2,653	1,271	1,265
Civilian labor force	19,541	20,230	12,432	12,799	1,539	1,645	817	792
Percent of population	68.5	68.5	68.7	68.7	63.8	62.0	64.2	62.6
Employed	18,266	19,038	11,615	12,007	1,405	1,530	790	768
Unemployed	1,275	1,192	816	793	133	115	27	24
Unemployment rate	6.5	5.9	6.6	6.2	8.7	7.0	3.3	3.0
Not in labor force	8,979	9,321	5,659	5,828	873	1,008	455	473
Men, 16 years and over
Civilian noninstitutional population	14,637	15,184	9,478	9,784	1,119	1,258	657	625
Civilian labor force	11,792	12,211	7,785	7,989	774	887	498	455
Percent of population	80.6	80.4	82.1	81.7	69.2	70.5	75.8	72.8
Employed	11,081	11,557	7,337	7,560	696	827	479	444
Unemployed	711	654	448	429	79	60	19	12
Unemployment rate	6.0	5.4	5.8	5.4	10.1	6.7	3.7	2.6
Not in labor force	2,844	2,973	1,693	1,795	345	372	159	170
Men, 20 years and over
Civilian noninstitutional population	13,287	13,788	8,573	8,842	989	1,125	623	586
Civilian labor force	11,198	11,629	7,359	7,565	730	841	483	439
Percent of population	84.3	84.3	85.8	85.6	73.8	74.8	77.5	74.9
Employed	10,595	11,077	6,983	7,207	664	792	468	430
Unemployed	603	552	376	358	66	49	15	9
Unemployment rate	5.4	4.7	5.1	4.7	9.0	5.9	3.2	2.0
Not in labor force	2,089	2,159	1,214	1,277	259	284	140	147
Women, 16 years and over
Civilian noninstitutional population	13,883	14,367	8,613	8,843	1,293	1,395	615	640
Civilian labor force	7,749	8,019	4,647	4,811	765	758	319	337
Percent of population	55.8	55.8	54.0	54.4	59.2	54.4	51.9	52.6
Employed	7,185	7,481	4,279	4,447	710	703	311	324
Unemployed	564	538	368	364	55	56	8	12
Unemployment rate	7.3	6.7	7.9	7.6	7.2	7.4	2.5	3.7
Not in labor force	6,134	6,348	3,966	4,033	528	636	296	303
Women, 20 years and over
Civilian noninstitutional population	12,596	13,033	7,759	7,984	1,170	1,269	595	610
Civilian labor force	7,311	7,551	4,349	4,508	713	712	311	322
Percent of population	58.0	57.9	56.1	56.5	61.0	56.1	52.3	52.8
Employed	6,820	7,093	4,032	4,198	667	665	303	313
Unemployed	491	458	317	310	46	47	8	9
Unemployment rate	6.7	6.1	7.3	6.9	6.4	6.7	2.5	2.9
Not in labor force	5,285	5,482	3,410	3,477	457	557	284	288
Both sexes, 16 to 19 years
Civilian noninstitutional population	2,636	2,729	1,758	1,801	253	259	53	70
Civilian labor force	1,032	1,050	724	727	95	92	22	31
Percent of population	39.2	38.5	41.2	40.3	37.7	35.5	b	45.1
Employed	851	868	600	602	74	73	19	25
Unemployed	181	182	124	125	22	19	3	6
Unemployment rate	17.5	17.4	17.1	17.2	22.7	20.4	b	b
Not in labor force	1,604	1,679	1,035	1,074	157	167	31	38

In fiscal year 2005 the EEOC received 26,740 charges under Title VII alleging race-based discrimination. That same year, the EEOC resolved 27,411 charges (some of these cases were carried over from the previous year, which explains why more charges were resolved than reported). Of those, 2,801 (10.2%) were settled, with payments totaling $76.5 million to the charging parties. Another 1,161 (4.2%) of the claims were found to have TABLE 4.4 Employment status of the civilian noninstitutional population, by sex, age, and race, annual averages, 2003–04 "5. Employment Status of the Civilian Noninstitutional Population by Sex, Age, and Race," in Employment and Earnings, U.S. Department of Labor, Bureau of Labor Statistics, 2005, http://www.bls.gov/cps/cpsa2004.pdf (accessed February 11, 2006)reasonable cause; 377 (1.4%) were charges with reasonable cause closed after successful conciliation; 784 (2.9%) were charges with reasonable cause closed after unsuccessful conciliation; and 1,167 (4.3%) charges were withdrawn by the charging party on receipt of desired benefits. (See Table 4.5.) Clearly, racial discrimination in the workplace continues.

TABLE 4.4
Employment status of the civilian noninstitutional population, by sex, age, and race, annual averages, 2003–04
[Numbers in thousands]
Employment status, sex, and age	Total		White		Black or African American		Asian
	2003	2004	2003	2004	2003	2004	2003	2004
*Data not shown where base is less than 35,000.
Note: Estimates for the above race groups (white, black or African American, and Asian) do not sum to totals because data are not presented for all races.
SOURCE: "5. Employment Status of the Civilian Noninstitutional Population by Sex, Age, and Race," in Employment and Earnings, U.S. Department of Labor, Bureau of Labor Statistics, 2005, http://www.bls.gov/cps/cpsa2004.pdf (accessed February 11, 2006)
Total
Civilian noninstitutional population	221,168	223,357	181,292	182,643	25,686	26,065	9,220	9,519
Civilian labor force	146,510	147,401	120,546	121,086	16,526	16,638	6,122	6,271
Percent of population	66.2	66.0	66.5	66.3	64.3	63.8	66.4	65.9
Employed	137,736	139,252	114,235	115,239	14,739	14,909	5,756	5,994
Unemployed	8,774	8,149	6,311	5,847	1,787	1,729	366	277
Unemployment rate	6.0	5.5	5.2	4.8	10.8	10.4	6.0	4.4
Not in labor force	74,658	75,956	60,746	61,558	9,161	9,428	3,098	3,248
Men, 16 years and over
Civilian noninstitutional population	106,435	107,710	88,249	89,044	11,454	11,656	4,338	4,529
Civilian labor force	78,238	78,980	65,509	65,994	7,711	7,773	3,277	3,396
Percent of population	73.5	73.3	74.2	74.1	67.3	66.7	75.6	75.0
Employed	73,332	74,524	61,866	62,712	6,820	6,912	3,073	3,243
Unemployed	4,906	4,456	3,643	3,282	891	860	204	153
Unemployment rate	6.3	5.6	5.6	5.0	11.6	11.1	6.2	4.5
Not in labor force	28,197	28,730	22,740	23,050	3,743	3,884	1,060	1,133
Men, 20 years and over
Civilian noninstitutional population	98,272	99,476	81,860	82,615	10,278	10,461	4,024	4,216
Civilian labor force	74,623	75,364	62,473	62,944	7,346	7,414	3,176	3,305
Percent of population	75.9	75.8	76.3	76.2	71.5	70.9	78.9	78.4
Employed	70,415	71,572	59,348	60,159	6,586	6,681	2,993	3,165
Unemployed	4,209	3,791	3,125	2,785	760	733	183	140
Unemployment rate	5.6	5.0	5.0	4.4	10.3	9.9	5.8	4.2
Not in labor force	23,649	24,113	19,386	19,671	2,932	3,047	848	911
Women, 16 years and over
Civilian noninstitutional population	114,733	115,647	93,043	93,599	14,232	14,409	4,882	4,990
Civilian labor force	68,272	68,421	55,037	55,092	8,815	8,865	2,845	2,876
Percent of population	59.5	59.2	59.2	58.9	61.9	61.5	58.3	57.6
Employed	64,404	64,728	52,369	52,527	7,919	7,997	2,683	2,751
Unemployed	3,868	3,694	2,668	2,565	895	868	162	124
Unemployment rate	5.7	5.4	4.8	4.7	10.2	9.8	5.7	4.3
Not in labor force	46,461	47,225	38,006	38,508	5,418	5,544	2,037	2,114
Women, 20 years and over
Civilian noninstitutional population	106,800	107,658	86,905	87,430	13,026	13,182	4,594	4,697
Civilian labor force	64,716	64,923	52,099	52,212	8,409	8,462	2,768	2,795
Percent of population	60.6	60.3	59.9	59.7	64.6	64.2	60.2	59.5
Employed	61,402	61,773	49,823	50,040	7,636	7,707	2,616	2,678
Unemployed	3,314	3,150	2,276	2,172	772	755	152	117
Unemployment rate	5.1	4.9	4.4	4.2	9.2	8.9	5.5	4.2
Not in labor force	42,083	42,735	34,806	35,218	4,618	4,720	1,826	1,903
Both sexes, 16 to 19 years
Civilian noninstitutional population	16,096	16,222	12,527	12,599	2,382	2,423	601	606
Civilian labor force	7,170	7,114	5,973	5,929	771	762	178	172
Percent of population	44.5	43.9	47.7	47.1	32.4	31.4	29.6	28.4
Employed	5,919	5,907	5,064	5,039	516	520	147	152
Unemployed	1,251	1,208	909	890	255	241	31	20
Unemployment rate	17.5	17.0	15.2	15.0	33.0	31.7	*	*
Not in labor force	8,926	9,108	6,554	6,669	1,611	1,661	423	434