$70 Million Verdict Against Texas Company In Employment Discrimination Case

Gavel for judge, law and order

Last month, a jury in Texas delivered a stunning $70 million verdict in favor of 10 employees who worked for Glow Networks. Nine of the ten plaintiffs were Black employees. The case, Yarbrough, et al. v. Glow Networks, Inc., is a potent reminder about the continuing effects of employment discrimination as well as the legal remedies that exist to combat unequal treatment and retaliation at work.

The plaintiffs are represented by The Sanford Firm.

The defendants are represented by Ford & Harrison.

Background Of The Case

The employees filed their lawsuit against Glow Networks in a Texas federal court in December 2019 (Civil No. 4:19-cv-00905, E.D. Tex. 2019). According to their complaint, numerous Black employees faced continuing race discrimination at work, including promotion denials, unequal pay, and a hostile work environment.

At trial, the employees sought only compensatory/emotional distress damages and punitive damages in the lawsuit and did not seek lost pay damages. For this reason, their decision to proceed solely under 42 U.S.C. 1981 (Section 1981) rather than including a claim under Title VII of the 1964 Civil Rights Act (Title VII) was particularly important and will be discussed in more detail below.

Ultimately, the jury determined that the employees had proved that Glow Networks had subjected them to unlawful discrimination and retaliation at work. This discrimination and retaliation included demotions, promotion denials, and getting fired or laid off.

DAMAGES word on the card

Notably, the jury then awarded each plaintiff $3 million in emotional distress damages and $4 million in punitive damages, which are designed to punish employers in particularly egregious cases of employment discrimination. The total award to the 10 employees thus equaled $70 million (this amount does not include any attorneys’ fees and trial expenses that the court may later order the company to pay).

Glow Networks will have an opportunity to appeal the jury verdict if it chooses to do so.

Differences Between Section 1981 And Title VII Race Discrimination Claims

On a broader level, both Section 1981 and Title VII outlaw employment discrimination based on race. In the Yarbrough case, the employees filed their case under Section 1981 instead of Title VII. This choice paid off handsomely as a key difference between these two employment discrimination laws is that Title VII caps the maximum amount that a plaintiff can receive for compensatory and punitive damages at $300,000. Title VII’s cap would thus result in a maximum jury verdict of $3,000,000 for these 10 plaintiffs. Section 1981, however, has no cap on compensatory and punitive damages, which resulted in a $70 million verdict, an eye-popping $67 million more than could have been awarded under Title VII.

Other distinctions between Title VII and Section 1981 exist, including:

Title VII outlaws disparate impact discrimination but Section 1981 does not

Both statutes prohibit intentional discrimination in employment based on race. But Title VII also prohibits using hiring practices that are neutral on their face (such as written tests), which have a discriminatory outcome: disproportionately excluding female, African-American, and other protected classes of applicants.

Under the disparate impact theory, even if the employer did not intend for an employment practice to exclude protected groups, if the practice ultimately has the effect of rejecting an excessive number of otherwise qualified, for example, female or African-American applicants, then using the practice might violate Title VII.

Section 1981, on the other hand, outlaws only intentional discrimination.

Section 1981 does not require the employee to file an EEOC charge

To file a Title VII lawsuit in court, an employee must fist have exhausted their administrative remedies by filing a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). Depending on which state the employee works in, the time period can be either 180 or 300 days to file the charge if the employee works in the private sector. Different procedures and time periods apply if the employee works for the federal, state, or local government.

Section 1981, however, does not require an employee to file a charge of discrimination with the EEOC. This distinction is particularly important if the employee has missed the deadline to file an EEOC charge of discrimination because the employee may still be able to assert a claim under Section 1981.

Section 1981 has a longer statute of limitations than Title VII

close up of calendar and alarm clock

As noted above, the deadline for filing an EEOC charge of discrimination can be up to 300 days, depending on where you work and whether you are in the public or private sector. Also, a Title VII lawsuit must generally be filed within 90 days after the EEOC’s Right to Sue Notice is received.

Claims asserted under Section 1981 though have a significantly longer statute of limitations for filing a lawsuit. Indeed, an employee may file a Section 1981 within four years of the violation. Jones v. R.R. Donnelley & Sons Co ., 541 U.S. 369 (2004).

Best High-Yield Savings Accounts Of 2024

Best 5% interest savings accounts of 2024, section 1981 applies only to race discrimination while title vii covers more classes of people.

Section 1981 provides several additional benefits not contained in Title VII, but in at least one area–scope of protected classes–Title VII offers broader coverage.

Section 1981 covers discrimination based only on race or ethnicity.

Title VII covers discrimination based not only on an employee’s race and ethnicity, but also protects against discrimination related to, for example, sex, religion, sexual orientation, and gender identity.

The Yarbrough jury verdict highlights the work that remains to be done to eradicate employment discrimination, but also the promise that laws like Section 1981 and Title VII can provide a powerful weapon to improve workplaces for everyone. As one of the lawyers for the employees, Brian Sanford, told BET about the jury verdict, “[t]hey were sending the message,” he said. “Don’t do this in the 21st century. Stop.”

Starbucks discrimination lawsuit awarded white employee $25 million: Legal experts weigh in

Shannon Phillips received $25.6 million in damages after a six-day trial.

A federal jury this week found that Starbucks discriminated against a white manager who was fired amid an uproar over the company's treatment of Black customers at a store in Philadelphia five years ago.

The ex-manager, Shannon Phillips, received $25.6 million in damages after a six-day trial, Phillips' attorneys previously told ABC News.

The resolution of a lawsuit against one of the nation's largest employers drew attention to the standard for proving discrimination as well as the federal protection against bias afforded to all racial groups, regardless of whether they've faced historical marginalization, experts told ABC News.

The jury appears to have been persuaded in part by the argument that Phillips was fired as part of a public relations effort undertaken by Starbucks in response to racial justice backlash, which may carry implications for how corporations act in such circumstances, experts added.

Starbucks did not immediately respond to ABC News' request for comment. In court documents , the company rejected allegations of discrimination, saying that it disciplined Phillips for "legitimate, nondiscriminatory, non-retaliatory reasons."

MORE: Starbucks ordered to pay over $25 million to white former manager who claimed racial discrimination

Here's what to know about the Starbucks discrimination case and its implications, according to legal experts:

Why did the jury find that race played a role in the firing of the Starbucks employee?

In 2018, two Black men -- Donte Robinson and Rashon Nelson -- were arrested at a Philadelphia-area Starbucks store after an employee called 911 and accused them of trespassing because they had not made a purchase.

The two men later reached a private settlement with Starbucks and the City of Philadelphia, which agreed to pay each of the men $1 and establish a $200,000 fund for young entrepreneurs.

Phillips, a then-regional director who had worked at the company for nearly 13 years, was terminated less than a month after the incident.

In an initial lawsuit filed by Phillips in 2019, she said she was not at the store that day nor involved in the lead-up to the arrests, alleging instead that her race played a "determinative role" in her termination.

A key piece of evidence in the case centered on testimony from a Black district manager who said he thought race had played a role in Starbucks' decision to fire Phillips and allow him to remain with the company, Phillips' attorney previously told ABC News.

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Legal experts concurred with that assessment, saying that the plaintiff's ability to point to disparate treatment of a relevant employee was critical to the jury's finding of discrimination.

"My understanding is that in these cases what you have to have is a comparative," Rick Rossein, a professor of employee discrimination law at the City University of New York Law School, told ABC News. "Here you have a Starbucks manager giving that type of testimony."

In court documents, Starbucks contested this account of its actions, saying instead that it disciplined Phillips based on poor performance. Phillips "appeared overwhelmed, frozen and lacked awareness of how critical the situation was for Starbucks and its partners," the company claimed .

Phillips appeared to further persuade the jury with her explanation for the alleged mistreatment, describing her firing as part of the company's effort to minimize the public relations fallout from the arrests, the experts added.

"Evidence points to Starbucks taking action against an employee in order to address public opinion as opposed to really addressing the question of who was involved in making that decision," Risa Lieberwitz, a professor of labor and employment law at the Cornell University School of Industrial and Labor Relations, told ABC News.

Is it unusual for workplace discrimination cases to be brought on behalf of white people?

Phillips’ case is unusual because the majority of cases alleging a violation of federal discrimination law on the basis of race involve non-white people, legal experts told ABC News.

Legal precedent that reaches as high as the Supreme Court affirms that the measure at issue, Title VII of the Civil Rights Act, protects white workers who experience discrimination, they added.

"Anti-discrimination law that deals with race discrimination applies to any allegation of race discrimination whether it would be against a white employee, a Black employee or another racial group," Lieberwitz said.

While discrimination lawsuits on behalf of white individuals are uncommon, white plaintiffs have proven more likely to succeed than non-white ones when federal judges adjudicate their racial discrimination claims, said Wendy Greene, a professor of anti-discrimination law at Drexel University Law School and the director of the Center for Law, Policy and Social Action.

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"The surprise for many people, however, is that federal civil rights laws initially designed to address the longstanding, systemic racial segregation, exclusion and discrimination endured by individuals identifying as non-white are seemingly more effective at redressing racial discrimination against individuals who identify as white," Greene told ABC News.

What are the implications of the finding that Starbucks discriminated in this case?

The decision in this case could heighten scrutiny of large companies in their treatment of workers who belong to groups protected against discrimination as well as complicate efforts to discipline workers charged with improving a company's performance on racial justice issues, experts said.

"We're in the era where people are looking very carefully at decision-making by major corporations," Rosstein said.

Greene, meanwhile, said that the decision could make it more difficult for companies to supervise workers involved in the implementation of racial justice initiatives, since companies could be accused of racial discrimination if they discipline such employees.

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Management must balance the need to create a work environment free of racial discrimination with a simultaneous commitment to "ensure workplaces are free of racial exclusion and subordination, which are often couched as acts of racial discrimination against white employees in favor of non-white people," Greene said.

The large award for damages in the Starbucks case could "discourage employers from disciplining or terminating employees they believe are not effectively handling complaints of discrimination," she added.

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Supreme Court Hands Federal Worker Major Win In Age Discrimination Case

Nina Totenberg at NPR headquarters in Washington, D.C., May 21, 2019. (photo by Allison Shelley)

Nina Totenberg

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The Supreme Court ruled in cases involving age discrimination and traffic stops. Mark Sherman/AP hide caption

The Supreme Court ruled in cases involving age discrimination and traffic stops.

The U.S. Supreme Court sided with older federal workers on Monday, making it easier for those over 40 to sue for age discrimination.

The 8-to-1 ruling rejected a Trump administration position that sought to dramatically limit the legal recourse available to federal workers.

Justice Samuel Alito, writing for the majority , noted that federal law "demands that personnel actions be untainted by any consideration of age." So if age were a factor here as alleged, the process was not free from discrimination. But, he said, the relief available to individuals who have been discriminated against may be different, depending on the circumstances. If age discrimination was one of the factors during the process, but not the only factor, then employees may not be entitled to damages and back pay, but they are entitled to prospective relief, like eligibility for a promotional exam, or for a job promotion.

Chief Justice Roberts: Is 'OK, Boomer' Evidence Of Age Discrimination?

Chief Justice Roberts: Is 'OK, Boomer' Evidence Of Age Discrimination?

The case was brought by Noris Babb, a clinical pharmacist who worked for the Veterans Affairs Medical Center in Bay Pines, Fla., for 16 years. In that time, she qualified to practice disease management, saw patients and prescribed medication without consulting a physician. And she had received consistently high marks for performance, according to her lawyers.

Yet Babb says that beginning about 10 years ago, when she was in her late 40s, she and other women older than 45 found they were not getting newly classified advanced positions that paid more money. Instead, the women said, those jobs went to people in their 30s, most of them men.

Several of the women filed their own complaints against the VA, which Babb supported. As a result, she alleges in her own suit, the VA retaliated against her, and subjected her to systematic discrimination by denying her eligibility for promotions, and training opportunities, all in an atmosphere where supervisors made a range of age-related comments.

A federal district court judge initially threw out Babb's suit, declaring that she had failed to prove that her age was only reason for these personnel actions. The Trump Administration supported that ruling, and in doing so clashed with the Equal Employment Opportunity Commission.

But on Monday the court sided with Babb and the EEOC, not the Trump administration. The justices said federal law clearly gives federal workers protection from any discrimination based on age. The court said Congress had deliberately given federal workers more protection than workers in the private sector or workers in state and local governments.

"That Congress wanted to hold the Federal Government to a high standard than state and private employers is not unusual," wrote Justice Alito. The federal government has long adhered to expansive anti-discrimination policies, he observed, adding, that "it is the policy of the Government of the United States ... to promote the full realization of equal employment opportunity through an affirmative program."

The "key takeaway in the case" is that if the federal government discriminates based on age, "it has violated the law," said Roman Martinez, who argued Babb's case in the Supreme Court last January.

At that argument, he took quite a verbal beating from Chief Justice John Roberts, who asked what would be the limits if, for instance, a hiring official, made remarks like "OK, boomer" when assessing who would get a promotion.

But Roberts signed on to the Alito opinion, as did every other justice except Clarence Thomas. He dissented, contending that the statute only allows suits by those who can prove discrimination is the sole reason they lost out on a job, a promotion, or other benefit.

Warrantless traffic stop case

In a separate opinion, the court, by an 8-to-1 vote, upheld a warrantless traffic stop by a sheriff's deputy in Kansas who based the stop on the assumption that the driver, defendant Charlie Glover, owned the car; Glover's license had been revoked.

Writing for the majority, Justice Thomas wrote, "We hold that when the officer lacks information negating an inference that the owner is the driver of the vehicle, the stop is reasonable."

The Kansas Supreme Court had previously ruled that when a driver has committed no infractions, police need something more than an assumption in order to have a reasonable suspicion that the driver is the owner and is driving without a license. But Thomas wrote that these traffic stops are a matter of "common sense."

Justice Sonia Sotomayor dissented, arguing that in "upholding routine stops of vehicles whose owners have revoked licenses, the Court ignores key foundations of our reasonable-suspicion jurisprudence and impermissably and unnecessarily reduces the State's burden of proof."

Religious advertising in on public buses and trains

Finally, the court refused to hear an appeal from the Archdiocese of Washington, D.C.; the District bars issue advertising on its buses and trains, including religious advertising.

The Archdiocese wanted to place an ad at Christmastime showing the silhouettes of three shepherds looking at a star, along with the words "Find the Perfect Gift." A web address also on the ad led to information about Roman Catholic beliefs.

The Metropolitan Transit Authority, operated by D.C., Maryland, and Virginia, rejected the ad, citing its policy that bars ads involving political and religious advocacy. The lower courts upheld the policy, but the Archdiocese appealed, contending that the policy amounted to unconstitutional discrimination against religious speech.

Two justices dissented from the court's refusal to hear the case. Justice Neil Gorsuch, joined by Justice Thomas, called the transit ad policy "viewpoint discrimination by a government entity and a violation of the First Amendment."

"The Constitution requires the government to respect religious speech, not to maximize revenue," they wrote. So if the transit authority "finds messages like the one here intolerable, it may close its buses to all advertisements." Or it could try to restrict ads to subjects "where religious advertisements are less likely to arise without running afoul of our free speech precedents. "

As Gorsuch observed, the court may well take on a similar case in the future, as the conservative majority has aggressively disfavored such restrictions. The problem with this case is that it came from the D.C. Circuit Court of Appeals, a court that now-Justice Brett Kavanaugh sat on when the case was decided. So only eight justices would have heard the case, and they could have deadlocked.

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The Abdul Latif Jameel Poverty Action Lab (J-PAL) is a global research center working to reduce poverty by ensuring that policy is informed by scientific evidence. Anchored by a network of more than 1,000 researchers at universities around the world, J-PAL conducts randomized impact evaluations to answer critical questions in the fight against poverty.

  • Affiliated Professors Our affiliated professors are based at 97 universities and conduct randomized evaluations around the world to design, evaluate, and improve programs and policies aimed at reducing poverty. They set their own research agendas, raise funds to support their evaluations, and work with J-PAL staff on research, policy outreach, and training.
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  • Overview Led by affiliated professors, J-PAL sectors guide our research and policy work by conducting literature reviews; by managing research initiatives that promote the rigorous evaluation of innovative interventions by affiliates; and by summarizing findings and lessons from randomized evaluations and producing cost-effectiveness analyses to help inform relevant policy debates.
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Using interdisciplinary research to combat bias and discrimination

Large group of people with raised fists

2020 marked a global shift in the public discourse around bias and discrimination. While the Covid-19 pandemic led to greater disparities in healthcare access and financial instability, protests erupted around the world to denounce systemic racism and police brutality. Momentum from these events and decades of work by grassroots and social movements has motivated governments, NGOs, donors, and members of the private sector to redouble efforts to fight discrimination and increase diversity and inclusion.

What is the role of research in helping to address this persistent challenge? Across disciplines such as psychology, sociology, economics, and more, researchers have been documenting the nature and consequences of discrimination around the world. As support for anti-discrimination policies and programs continues to grow worldwide, another area in which researchers could play an instrumental role is in helping us to understand what policies to combat bias and discrimination are the most effective, and how best to tailor them to individual contexts.

With these questions in mind, J-PAL hosted a webinar on October 25, 2021, on the need for more rigorous, interdisciplinary research in this space. In particular, randomized evaluations can help fill this gap by assessing the impact of different interventions in real-world settings. Because effective strategies should account for human psychology, as well as historical and sociological context, interdisciplinary research is another critical piece towards countering discrimination. 

We were joined by Betsy Levy Paluck (Princeton University), Salma Mousa (Yale University), Sendhil Mullainathan (University of Chicago; J-PAL affiliate), and Mario Small (Harvard University) for a conversation moderated by Marianne Bertrand (University of Chicago; Co-Chair, J-PAL’s Labor sector). Read on for a recap of key insights from the researchers.

The state of the field

Over the course of the session, the panelists highlighted the ways in which rigorous interdisciplinary research could help identify promising anti-discrimination strategies. Salma Mousa, an assistant professor of political science, presented findings from a randomized evaluation that tested whether positive and cooperative interactions through mixed religion soccer leagues can improve relations across groups in post-conflict communities. The positive results of this study highlight how randomized evaluations can be leveraged to combine methods from economics and theory from psychology to measure the impact of anti-bias interventions in real-world settings.

Betsy Levy Paluck, a professor of psychology and public affairs, summarized findings from a meta-analysis of prejudice reduction interventions . She shared that despite a big uptick in prejudice reduction research, many studies still face methodological challenges, such as small sample sizes and reliance on light-touch interventions, leading to modest overall impacts.

Mario Small, a professor of sociology, shared insights from his study around sociological perspectives on racial discrimination . He argued that discrimination models in economics are valuable but insufficient to account for the role organizational and institutional practices play in reinforcing discrimination.

Sendhil Mullainathan, a professor of computation and behavioral science, discussed the importance of algorithms in shaping beliefs and interactions on social media, and in decision-making in health care and labor markets. He argued that if deployed correctly, algorithms could be powerful tools for curbing individual and institutional-level discrimination, and randomized evaluations could help us to understand the impacts of different algorithms.

Looking forward

These varying fields bring their own unique perspective and valuable insights on potential means of combating discrimination. Combining insights from across disciplines can help policymakers develop effective solutions that consider historical context, local norms, human psychology, and more. It could also enable the development of programs that counter discrimination in both formal institutions and social settings, where norms often develop.

However, there is not yet enough rigorous, field-based research in real-world settings on the effectiveness of interventions to combat discrimination. Developing this evidence base is crucial for scaling and implementing effective anti-discrimination policies and programs. For instance, panelists highlighted that many well-intentioned organizations have been investing in diversity training programs, despite the fact that their impact is not clear. To truly improve diversity in the workplace, it is critical to ensure such programs are achieving their stated goals.

In addition to reducing bias and discrimination in workplaces and other organizations, other themes requiring more real-world research include identifying what tools effectively counter innate bias and prejudice, addressing hate speech and discrimination in online platforms (including via algorithms), and reducing discrimination in services such as healthcare, criminal justice, and more.

Programs may also have varying impacts across different contexts. Implementing similar programs in different regions around the world could help shed light on what contextual factors are critical for impact. For example, based on the findings of the Iraq evaluation, Salma Mousa and co-authors are currently replicating the soccer leagues in Lebanon with native Lebanese youth, Syrian refugees, and those descended of Palestinian refugees. 

Despite widespread support for anti-discrimination policies and programs, the impact of many common interventions is not clear. Combining interdisciplinary insights on ways to counter discrimination with rigorous, real-world impact evaluation are critical steps towards fostering diversity, equity, and inclusion. 

Interested in learning more about J-PAL’s efforts in this space? Contact Anupama Dathan, Policy Manager, at [email protected] .

Missed the webinar? You can watch a recording of it here:

Authored By

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Anupama Dathan

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Isabela Salgado

Research Methods

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Strengthening randomized evaluations through incorporating qualitative research, Part 1

Teaching & Learning

Scholars analyze the evolution of anti-discrimination law.

In recent decades, legislative bodies throughout North America and Europe have enacted sweeping laws to protect racial and ethnic minorities, women, the disabled and other groups who are victimized by discrimination. Perhaps not surprisingly, these efforts have encountered resistance—oftentimes successful—leaving anti-discrimination scholars and activists to ponder new strategies for dealing with an age-old problem.

On May 6 and 7, a group of these interested scholars from the U.S., Canada and Europe participated in a Harvard Law School workshop that analyzed the recent evolution of anti-discrimination law on both continents.

The organizer of the event, HLS Professor Grainne de Burca, said that she and a European colleague, Ruth Rubio Marin, had begun a project looking at how European anti-discrimination law was changing under European Union rules. “I became aware that there were many interesting debates with resonances on both sides of the Atlantic,” she said. “We thought this workshop would provide an opportunity for us to learn from each other, given that similar problems are being addressed in very different contexts but with many common questions.”

A recurrent theme throughout the discussions was a sense of disillusionment among U.S.-based participants with the role that legal institutions have come to play in tackling inequity and discrimination.

Elizabeth Bartholet ’65, Morris Wasserstein Public Interest Professor of Law at HLS, spoke of the broad advent of anti-discrimination law in the U.S., in the ’60s and ’70s, as “a very powerful time in terms of how courts and law could function to create the synthesis of judicial and proactive policy that an earlier speaker had discussed as important.” She said that a theory of “disparate impact” quickly took root—meaning that employers could be held liable if their practices had an adverse impact on various minority groups in the absence of the employer showing they were required by business necessity.

Large groups of poor and minority workers were able to get representation in court through class actions, she said. Today, however, “the courts have essentially destroyed impact theory,” she said, and have also destroyed the class action device.

European participants described the state of anti-discrimination law there somewhat more optimistically—even if perhaps only because it is considerably younger and has not yet generated the kind of social and political backlash seen in the U.S. Bruno de Witte, professor of EU law at Maastricht University in The Netherlands, pointed out that prior to the EU’s Racial Equality Directive of 2000, only a few European nations had any kind of equality institutions. The directive mandated their creation by EU member states and today more than 30 European countries have them, he said.

In terms of effectiveness, however, “we don’t yet know whether equality institutions have actually realized effective legal change,” he said. “Thus far we have mainly anecdotal evidence.”

De Witte and others singled out the French equality institution HALDE as effective; but the performance of other European equality institutions has been mixed, participants said.

“We’re seeing how vulnerable they are to political winds,” said Mark Bell, a professor at the University of Leicester School of Law in the U.K.

Christopher McCrudden, professor of law at the University of Oxford, said of the British Equality and Human Rights Commission: “They are doing some litigation, but they have no strategy. They’re reacting mostly to public pressure and what’s going to make them look good in the papers the next day.”

David B. Oppenheimer ’78, a clinical professor at the University of California Berkeley School of Law, said the same kind of meekness has struck American anti-discrimination institutions. He said, “There were long periods of time when the [Equal Employment Opportunity Commission] only submitted briefs in the U.S. Supreme Court in which they supported the employer.”

“These U.S. agencies are heavily politicized agencies because this is a heavily politicized issue,” he said. “It’s hard for a regulatory agency to avoid political capture unless it’s doing something that everyone regards as very boring—and this isn’t boring.”

This kind of political reality, which exists to different degrees on both continents, prompted participants to examine alternative anti-discrimination strategies that rely less on legal institutions. These included private initiatives within corporations, and broader strategies launched by public and private institutions including universities.

Yale Law School Professor Reva Siegel said the legal challenge in the fight against discrimination will be to identify new methods and new tools, moving beyond courts. “There’s a deep way in which the U.S. story is about unlearning a certain mystification of the role of courts in the redress of discrimination,” she said. “It’s not about abandoning courts, but about launching a much deeper inquiry into the multiple forms of law used in the service of social change.”

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These sex discrimination case summaries are grouped into two categories: court and tribunal decisions, and conciliated outcomes.

  • Sex discrimination: summaries of court and tribunal decisions
  • Sex discrimination: summaries of conciliated outcomes

Court and tribunal decisions are made after all the evidence is heard, including details of loss and damage. The full text of court and tribunal decisions is available from:

  • AustLII website
  • Queensland Supreme Court Library website

Conciliated outcomes are where the parties have reached an agreement through conciliation at the Queensland Human Rights Commission.

Court and tribunal decisions

Different dress requirements for men.

Anti-Discrimination Tribunal decision
Discrimination
Sex
Work
Upheld
Publish an explanation for amendment of policy about earrings, and an apology for delay in resolving the issue
2003

: A male teacher was not allowed to wear an earring, while female staff were allowed to wear earrings. The man tried to resolve the issue with the school, and only complained to the Commission when negotiations failed. As the complaint progressed, things were said about the male teacher which were capable of affecting his reputation.

At the hearing, the school accepted that its refusal to allow the man to wear an earring was discriminatory on the ground of sex. The tribunal said the man had pursued his rights discreetly and respectfully, and he had complied with the requirement not to wear earrings at school.

While the school offered a private apology to the man, the tribunal said that in the absence of a wider acknowledgment by the school, the man would be asked questions when he returned wearing his earring, and it would not be fair to expect him to answer questions about the change in the school’s policy.

[2003] QADT 13  (15 May 2003)

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Conciliated outcomes

Woman excluded from sporting club.

Conciliation
Discrimination
Sex
Club membership and affairs
Club membership application accepted
Able to choose own support team, including her partner
Specific terms to allow enjoyment of full benefits of club membership
2020–2021


The managing director of a sports club informed the complainant that her application for membership had been denied but refused to provide a reason. The complainant alleged her membership had been denied because she is female, and this was inferred because there were no women in the club. The complainant also alleged her membership was denied because she was in a relationship with someone who had been expelled from the same club. The complainant alleged there could be no other reason for the denial of her membership application as she was proficient in the sport.

The respondent argued that the company's gave them authority to make decisions about membership and they were not obliged to provide an explanation for their decisions.

The complaint was resolved on terms including that the complainant’s application for membership would be accepted. The complainant could choose her support team, including her partner, and other specific terms were negotiated to allow the complainant to enjoy the full benefits of club membership.

Private school allows pants for girls

Conciliation
Discrimination
Sex
Education
Policy change
Published statement of support for the new policy
Publicity for policy change
2018

: A mother lodged a complaint on behalf of her 10-year-old daughter who attended a private co-educational school.

The girl’s mother said the school principal had removed long pants from the winter uniform choices for female students, and that the school provided no option for girls to wear shorts during the summer. She claimed that the lack of uniform choice for girls meant that girls were hampered in their physical activity, sometimes subject to comments about their underwear, and lacked warmth in winter. She claimed that boys were not subjected to the same restrictions with their uniform options.

The reason given by the principal for the change was to address concerns that the uniform standards at the school had ‘slipped recently’.

An anonymity order was granted by the Commission to preserve the privacy of the child in this matter. The face-to-face conciliation conference was held in a location removed from the school community to ensure privacy.

At the conciliation conference, the school agreed to: reintroduce pants into the girls’ winter uniform options; introduce shorts, and a girl-specific shirt, as a summer uniform option; and change the school uniform policy to reflect that girls were now able to wear pants or shorts on formal uniform days. The school principal undertook to make a statement in the school newsletter and at the school assembly supporting the changes. The uniform handbook would also include photos of girls wearing the new uniform options.

Sex discrimination when recruiting for a construction site

Conciliation
Discrimination
Sex
Pre-work
Financial compensation
Written apology
Change to recruitment advertising
Anti-discrimination training
Undisclosed amount
2017–2018

: The complainant applied for a position as a tiler apprentice. She initially asked if they would accept a mature age person and the response was yes, as long as they were in good health and able to work on a construction site. The complainant then advised that she was very keen to apply. The respondent messaged back apologising, saying that they didn’t realise the complainant was asking for herself; the job is very physical and they felt it was too hard for females.

The respondents provided a letter of apology, retraction of the statement about the job being too hard for females, and they agreed to change their recruitment advertisements in the future. The respondents also agreed to undergo training in discrimination, and paid the complainant an amount of compensation.

Female refused haircut at barber shop

Conciliation
Discrimination
Sex
Supplying goods or services
Anti-discrimination training
2017–2018

: The complainant was refused service at a barber shop because they only cut men’s hair. The respondents explained that their lease with the shopping centre where the shop was located only permitted them to cut men’s hair.

The complaint was resolved by both the barber shop managers and the shopping centre supervisor attending training in anti-discrimination.

Ongoing sexist and sexual comments in workplace ignored

Conciliation
Discrimination and sexual harassment
Sex
Work
Financial compensation
Anti-discrimination training
2017–2018

: The complainant worked in a male-dominated workplace. On numerous occasions, the respondent whispered comments to the complainant about a new female employee’s appearance including: The respondent also commented about another new female appointment, He also made comments about ironing being a woman’s job, and said the complainant was referring to another female.

When the complainant complained about the ongoing behaviour, she was told The complainant resigned when her complaints were not addressed.

The respondent answered the complaint by saying the allegations had been investigated and not substantiated, however the complainant had not been interviewed during this investigation. The respondent also argued that the complainant had resigned due to not getting on with female colleagues, and not because of the behaviour she was alleging.

The complaint was resolved by payment of financial compensation to the complainant, and the individual respondent to complete anti-discrimination training.

Sex discrimination and sexual harassment on farm

Conciliation
Discrimination and sexual harassment
Sex
Work
Written apology
Anti-discrimination training
Financial compensation
2016–2017

: The complainant, who was female, worked on a farm where the majority of employees were male. She was undertaking a training program alongside a male trainee and other male workers, and she had a male supervisor. Despite her previous experience using machinery, the supervisor would ask the male trainees to use the machinery and not ask her. She was given strict instructions that the male trainees were not given, and when she asked to gain experience using different equipment, her request was denied and instead it was offered to male workers. She was not offered shift work while male trainees and a worker with less experience than her were offered shift work. Her supervisor referred to her as when she refused his offer of help.

The parties reached an agreement prior to conference, including that the respondent provide the complainant with a written apology, the respondents undergo anti-discrimination training, and the respondents pay financial compensation to the complainant.

Requiring husband to be present for a quote

Conciliation
Discrimination
Sex
Supplying goods or services
Written apology
Policy change
Develop and implement an anti-discrimination policy
Not available

: A woman approached a company to purchase some goods, and asked to make an appointment for a company representative to visit to do an in-home quote. The woman alleges that she was told it would be necessary for her husband to be present at the quote. She asked the company if the same question would be asked of a man in the same situation and said that she was not given an answer.

In response, the company said that its aim is to have all decision-makers present when quotes are given, so as to ensure that the correct information is relayed to all involved in the decision to purchase. The company stated that single or widowed customers are given the option of having a friend with them when a quote is being provided.

In conciliation, the company stated that they had not intended to act in a way that would be considered discriminatory. The company acknowledged the problems associated with advising married customers to have all decision-makers present, and giving an option to other customers (such as those who are single or widowed) to have a friend present. They acknowledged that this was less favourable treatment.

The company provided a written apology to the woman and agreed to develop and implement an anti-discrimination policy. This was done with the assistance of the Commission. After the conference the general manager of the company thanked the Commission for its assistance in bringing to their attention the potential problems with their previous practices. The company stated that they learned a great deal from being party to the complaint and that they will aim to avoid any further complaints being lodged in future.

Hours cut for female deckhand, but not for males

Conciliation
Discrimination
Sex
Work
Financial compensation
Written apology
Anti-discrimination training
$12,000
Not available

y: A woman who had been employed in the office of a water transport business for a number of years, decided to seek employment with the company as deck-hand. She expressed long-term plans to gain a captain's licence.

She alleged she was made to feel unwelcome by her male co-workers who commented to her that the work would be too heavy and dirty for her. The male co-workers conceded, over time, that she was able to perform the duties of the position as well as they could.

Because of a downturn in business the company was forced to reduce work hours for deckhands. As a consequence, her rostered water-time was shortened resulting in loss of hours, loss of training, and career opportunities. She alleged her complaints to the company about unfair treatment by favouring male staff in the rostering times were ignored. In her view, the apparent necessity to reduce hours was unfairly distributed between her and her male colleagues. Her chosen career to aspire to captaincy, she intimated, was seriously jeopardised.

In conciliation, the respondents conceded that there were no female deckhands, acknowledged that the comments about work being 'too heavy and dirty for her' were made, and that this may have influenced the distribution of work.

The complaint was settled by conciliation with payment of $12,000 compensation, a written apology, and agreement that the company would undertake training on anti-discrimination.

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LGBTQ People’s Experiences of Workplace Discrimination and Harassment

  • Full Report
  • 2021 Version

In 2020, U.S. Supreme Court’s decision in Bostock v. Clayton County extended employment non-discrimination protections to LGBTQ people nationwide. Using survey data collected in the summer of 2023, this report examines the lifetime, five-year, and past-year experiences of discrimination and harassment among LGBTQ employees.

  • Brad Sears Founding Executive Director
  • Neko Castleberry Research Data Analyst
  • Andy Lin Senior Statistical Consultant, UCLA Office of Advanced Research Computing
  • Christy Mallory Legal Director

Executive Summary

Over 8 million workers in the U.S. identify as LGBT. 1   Employment discrimination and harassment based on sexual orientation and gender identity have been widely documented. 2   Recent research has found that LGBTQ people continue to face mistreatment in the workplace, 3     even after the U.S. Supreme Court held in 2020 that discrimination based on sexual orientation and gender identity is prohibited by Title VII of the Civil Rights Act of 1964. 4     Experiences of workplace discrimination and harassment negatively impact employees’ health and well-being, as well as their job commitment, satisfaction, and productivity. These primary effects can, in turn, result in higher costs and other negative outcomes for employers. 5  

This report examines experiences of discrimination and harassment against LGBTQ employees using a survey of 1,902 LGBTQ adults in the workforce conducted in the summer of 2023. It is based on a similar study published by the Williams Institute in 2021. 6     This report examines the lifetime, five-year, and past-year workplace experiences of LGBTQ employees. It compares the experiences of transgender and nonbinary (TNB) employees to those of cisgender LGBQ employees, LGBTQ employees of color to those of White LGBTQ employees, and LGBTQ employees who are out to at least someone in the workplace compared to those who are out to no one.

Our analysis indicates that employment discrimination against LGBTQ people continues to be persistent and widespread. Almost half (47%) of LGBTQ employees reported experiencing discrimination or harassment at work (including being fired, not hired, not promoted, or being verbally, physically, or sexually harassed) because of their sexual orientation or gender identity during their lifetime. Notably, across all six primary measures of lifetime experiences of discrimination and harassment, TNB employees reported higher rates than cisgender employees, people of color reported higher rates than White employees, and those who were out reported higher rates than those who were out to no one in the workplace.

This discrimination and harassment are ongoing: 17% of LGBTQ employees reported that they experienced discrimination or harassment within the past year. TNB employees were more than twice as likely as cisgender LGBQ employees to report experiencing discrimination (22% vs. 9%) or harassment (26% vs. 10%) in the past year. LGBTQ employees of color were also approximately twice as likely to experience discrimination (15% vs 7%) and harassment (16% vs. 9%) in the past year compared to White LGBTQ employees.

Many employees also reported engaging in behaviors to avoid discrimination and harassment, including hiding their LGBTQ identity and changing their physical appearance. Nearly half (46%) of LGBTQ employees said that they are not open about being LGBTQ to their current supervisor, and one-fifth (21%) are not out to any of their coworkers. LGBTQ employees who were out to at least a few coworkers and/or their supervisor were three times more likely to report experiencing discrimination (39% vs. 12%) and more than twice as likely to report harassment (42% vs. 17%) than those who were not out to anyone at work. LGBTQ employees who were out to at least someone in the workplace were four times more likely to have experienced discrimination in the past year (12% vs 3%).

More than half of LGBTQ employees (58%) reported engaging in covering behaviors at their current job to avoid harassment or discrimination related to sexual orientation or gender identity. Some employees even left their jobs or considered leaving because of unfair treatment. One-third (33%) reported that they had left a job at some point in their lives because of how their employer treated them based on their sexual orientation or gender identity.

Key Findings

  • More than half of TNB employees (55%) reported experiencing discrimination compared to 31% of cisgender LGBQ employees.
  • LGBTQ employees of color (42%) were more likely to report experiencing discrimination than White employees (27%).
  • More than half of TNB employees (57%) reported at least one form of harassment compared to about one-third of cisgender LGBQ employees (35%).
  • Unfair Treatment: About one-third of LGBTQ employees (35%) reported being treated unfairly at work because of their sexual orientation or gender identity. More than half of TNB employees (55%) reported being treated unfairly compared to one-third of cisgender employees (33%).
  • Eleven percent of LGBTQ employees said they experienced discrimination based on their sexual orientation or gender identity within the past year, and 12% experienced harassment within the past year.
  • TNB employees and LGBTQ employees of color were more likely to experience recent discrimination and harassment than cisgender LGBQ employees and White LGBTQ employees. TNB employees were more than twice as likely as cisgender LGBQ employees to report experiencing discrimination (22% vs. 9%) or harassment (26% vs. 10%) in the past year. Similarly, LGBTQ employees of color were more likely to experience discrimination (15% vs 7%) and harassment (16% vs. 9%) in the past year compared to White LGBTQ employees.
  • More than half of LGBTQ employees (57%) reported hearing negative comments at work within the past five years; over one-third (36%) reported hearing negative comments within the past year.
  • Both TNB employees (32%) and LGBTQ employees of color (29% vs. 20%) were more likely to report one or more adverse workplace experiences related to their sexual orientation or gender identity at their current job compared to cisgender LGBQ employees (23%) and White LGBTQ employees (20%).
  • LGBTQ employees who were out to at least a few coworkers and/or their supervisor were three times as likely to report experiencing discrimination (39% vs. 12%) and more than twice as likely to report harassment (42% vs. 17%) because of their sexual orientation or gender identity as LGBTQ employees who were not out to anyone at work.
  • LGBTQ employees who were out to at least some coworkers and/or their supervisor were four times more likely to have experienced discrimination in the past year than employees who were not out (12% vs 3%).
  • TNB employees were twice as likely as cisgender LGBQ employees to report changing their voice or mannerisms (40% vs. 20%); their physical appearance (36% vs. 17%); how they dress at work (36% vs. 17%); and where, when, or how frequently they used a bathroom (27% vs 10%, respectively).
  • TNB employees were four times as likely to report that they left a job (20% vs. 5%) within the past year due to personal treatment compared to cisgender LGBQ employees. TNB employees were also more likely to report that they have considered leaving their current jobs due to an unsupportive environment for LGBTQ people compared to cisgender employees (24% vs. 13%).
  • Nine percent of LGBTQ employees of color reported having left a job in the past year due to personal treatment compared to 5% of White LGBTQ employees. LGBTQ employees of color were also more likely to have considered leaving their current jobs due to an unsupportive environment for LGBTQ people than White LGBTQ employees (18% vs. 11%).

Download the full report

Related Publications

Lgbt discrimination, subnational public policy, and law in the united states, title vii cases: amicus briefs, legal protections for lgbt people after bostock v. clayton county.

Kerith J. Conron & Shoshana K. Goldberg, Williams Inst., LGBT People in the US Not Protected by State NonDiscrimination Statutes 1 (2020) , https://williamsinstitute.law.ucla.edu/publications/lgbt-nondiscrimination-statutes.

See, e.g. , Equality Act, Hearing Before the Senate Judiciary Comm., 117th Cong. (2021) (Statement of M.V. Lee Badgett), https:// williamsinstitute.law.ucla.edu/wp-content/uploads/Testimony-Equality-Act-LGBT-Employment-Mar-2021.pdf .

Brad Sears et al., Williams Inst., LGBT People’s Experiences of Workplace Discrimination and Harassment (2021), https:// williamsinstitute.law.ucla.edu/wp-content/uploads/Workplace-Discrimination-Sep-2021.pdf .

Bostock v. Clayton Cty, 140 S. Ct. 1731 (2020).

M.V. Lee Badgett et al., Williams Inst., The Business Impact of LGBT-Supportive Workplace Policies (2013), https:// williamsinstitute.law.ucla.edu/publications/impact-lgbt-supportive-workplaces/ .

Sears et al., supra note 3.

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Case Study: Managing Acts of Discrimination and Activism at Mega-Sporting Events

03 Dec 2021

Author - Centre for Sport and Human Rights

Sport has faced many examples of discriminatory behaviour – from racist remarks being called out by fans to homophobia on the field of play. At the same time, sport and sporting events more broadly are increasingly being used by activists as a platform for raising awareness about issues that are sometimes linked to the event itself, and sometimes linked to wider societal concerns. This has been seen through protests in Bahrain for example ahead of the Formula One Grand Prix, in Brazil ahead of the Olympics and in many other jurisdictions, including Australia. While no human right is more important than the others, event hosts can sometimes feel they are having to balance different rights, including anti-discrimination with respect for freedom of expression and of association.

Key rights to consider

It is important to understand what constitutes discrimination and under what circumstances, if any, freedom of expression can be restricted to safeguard against discrimination. Furthermore, many groups or individuals choose to express their right to freedom of expression through peaceful assembly and the right to freedom of association. All of these rights must therefore be understood in the context of MSEs. These rights are protected under the International Bill of Rights [1] which has been ratified by the government of Japan since 1979.

Right to non-discrimination

Non-discrimination is a fundamental and overarching human rights principle. It typically refers to the fact that all people are born free and equal in dignity and rights and that individuals – regardless of race, color, ethnicity, ancestry, national origin, sex, gender, gender identity, sexual orientation, age, mental health, disability, religious beliefs, marital status, genetic information, pregnancy, veteran status, citizenship, or any other status that may or may not be protected by law or local policies - should be entitled to the protection and respect of all their human rights. These rights include for example the rights to leisure, and to equal access to freely participate in cultural life, such as through sporting events.

Right to freedom of expression

The right to freedom of expression is spelled out in Article 19 of the Universal Declaration of Human Rights which states that everyone has the right to freedom of expression and opinion. However, questions exist on what should happen if one persons opinion or expression defames or offends another person such as in the case of hate speech. Article 19 of the International Covenant on Civil and Political Rights (ICCPR) offers some explanation. It states that with the right to freedom of expression comes with certain responsibilities, including the need to respect the rights of others, and not to undermine national security or public order. Article 20 of the ICCPR goes further and prohibits “hate speech” which is speech that vilifies people and incites racial, religious or national hatred.

Right to freedom of assembly and freedom of association

The rights to freedom of assembly and freedom of association outline the right of people to gather collectively to pursue a common interest or to express a common view. The rights to freedom of association and freedom of assembly are often grouped with the right to freedom of expression as the right to express oneself is often a pre-requisite for allowing people to come together as a group.

These rights in the context of MSEs

There are several examples of where international organisations, and indeed sport federations, have restricted some acts of free expression to uphold their commitment to anti-discrimination. Below are a series of examples from different sport federations and event organisers which outline their policies on certain topics, and how they have balanced anti-discrimination with freedom of expression, including the rights to freedom of association and assembly.

Examples from sport federations / event organisers

Fifa – gender discrimination.

On gender discrimination, FIFA states in Article 4 of its Statutes that “discrimination of any kind…is strictly prohibited and punishable by suspension or expulsion”. FIFA has also gone beyond their Statutes on several occasions by stating that women should be actively encouraged to be part of the game – as players, spectators and administrators.

There are some examples of where FIFA has taken a stance against discrimination but in favour of a social cause. For instance:

  • Action against discriminatory behaviour: FIFA has partnered with the FARE Network to define a series of offensive words and language that could constitute sexism and homophobia and clearly outlines these as discriminatory in the Global Guide to Discriminatory Practices in Football . Fans or anyone using this language could therefore be punished depending on the level of offence. TOCOG has used this guide as the basis for understanding offensive language in its own anti-discrimination training materials.
  • Action in favour of a social justice cause: FIFA had been criticised for complying with certain countries’ discriminatory legislation on not allowing women as fans into stadiums, such as in Iran. FIFA took a stand by allowing a small number of women to participate as spectators, and to allow banners and slogans into the stadiums supporting the call for more equal access.

UEFA – Combatting racism

Racial discrimination and racial slurs have long been an issue in sport, particularly in the sport of football. UEFA has done significant work on this matter, including through its ‘Say No To Racism’ campaign. This campaign allows teams in club competitions to wear armbands saying no to racism and to play messages in stadiums for fans. It has also resulted in some matches being paused to deal with racist incidents or stopped altogether to ensure a respectful playing environment.

Some specific examples of their stance against racism have included:

  • Action against discriminatory behaviour: In October 2019, a Euro 2020 qualifier match between England and Bulgaria was paused twice to deal with racist remarks shouted by Bulgarian fans. After an investigation UEFA took the decision to sanction the Bulgarian Football Association, requiring the national team to play their next competitive game behind closed doors and to pay a €75,000 fine.
  • Action in favour of social justice cause: Following a number of global protests in Summer 2020 calling for racial justice, specifically in support of the Black Lives Matter protest, UEFA, along with FIFA, urged National Football Associations not to sanction teams and players who chose to take the knee – a move that until recently, had brought controversy in sport

National Basketball Association (NBA) – Athletes’ freedom of expression

Athletes are increasingly speaking out about social justice causes that are important to them. There are many examples of where athletes have chosen to take a stand on the podium or the field of play. One such example has been in the context of the NBA in the United States. At the start of the 2020 season, many players refused to play due to the ongoing fight for racial justice in the United States citing the fact that they did not feel comfortable simply playing as if nothing was wrong. After talks with the league, the season became a platform for promoting racial justice messages.

Some specific examples of the leagues’ stance have included:

  • Action against discriminatory behaviour: An investigation is currently underway into one player on Miami Heat who used an anti-Semitic expression. The League is currently debating what punishment or sanction should be put in place, but could include a one-game suspension and/or USD 50,000 fine.
  • Action in favour of a social justice cause: Ahead of the restart of the 2019/2020 which was postponed due to the Covid-19 pandemic, NBA players agreed with the League that they would wear jerseys and masks branded with the words Black Lives Matter and other pre-approved slogans to raise awareness about the movement. The NBA also painted the words on the court.

Commonwealth Sport – Engaging local communities

Ahead of the 2018 Commonwealth Games in Gold Coast, Australia, local indigenous communities felt the need to protest to push for a truth and reconciliation commission around the country’s treatment of aboriginal and First Nations people. The Commonwealth Games Federation collaborated with local communities to address concerns and to use the platform of the Games as an occasion to amplify acknowledgement and respect, protect people, promote cultural diversity and empower communities with meaningful engagement and employment opportunities for aboriginal and first nations people.

Some specific examples of how Gold Coast Organsing Committee (GoldOC) managed this issue included:

  • Action against discriminatory behaviour: There was some backlash to the Opening Ceremony of the Gold Coast 2018 Commonwealth Games for being too heavily focused on Australia’s indigenous culture and population. The organisers decided not to take any action and to let it be a thought-provoking conversation.
  • Action in favour of social justice cause: The Commonwealth Games organisers planned from the beginning to organise the event to recognise, respect and celebrate the Aboriginal and Torres Straight Islander peoples and cultures. A Reconciliation Action Plan was therefore developed before the event which focused on procurement opportunities for indigenous businesses, increased employment and training opportunities for aboriginal people, increased participation from these communities, increased awareness of the Aboriginal and Torres Straight Islander languages and culture, and improved connections with the community. This got ahead of an issue that had caused controversy and protests at previous iterations of the Commonwealth Games in Australia.

Suggested best practice

There are many examples of sport and sporting events managing to find a balance between ensuring freedom of expression, whilst protecting individuals’ right to non-discrimination.

Below is a list of overarching best practices that event organisers should consider having in place:

BEFORE the event:

  • Map the contextual risks and opportunities presented by the host city / nation in terms of local and geopolitical issues that might impact people’s freedoms, fair treatment, equality and justice.
  • Offer and clearly communicate policies and processes for conducting advocacy or activism, and encourage such demonstrations to take place in designated areas around the main event venue or fan zones – e.g. through means such as by wearing armbands or t-shirts rather than within the main stadium(s) or sporting venues themselves.
  • Identify and communicate ahead of the event words / images / banners that have been identified as discriminatory. Such lists exist, for example, as defined by FARE . (TOCOG has defined many of these in its anti-discrimination training tool)
  • Train stadium stewards, security and other staff on how to identify acts of discrimination and distinguish them from activism. It is recommended that where possible, a risk assessment be conducted in advance of an event to identify any potential for discriminatory behaviour. This assessment could include considering whether there have been any past incidents
  • Identify what words / images / banners would be allowed and are in support of a social justice causes and communicate these to staff
  • Engage with local communities and other affected groups ahead of the event to understand their concerns and get ahead of any protests that may occur

AT the event:

  • Have messaging in the stadium for fans to identify discriminatory behaviour and raise concerns themselves through hotlines and other appropriate channels
  • In the event of a discriminatory act, follow procedures and guidelines developed before the event
  • In the event of a protest in the middle of an event or on the podium, intervention is discouraged unless highly defamatory – an investigation and possible sanctions or repurcussions should be considered afterwards

[1] This comprises the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

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Justice and unintentional discrimination in health care: A qualitative content analysis

Mohammadjavad hosseinabadi-farahani.

1 Department of Nursing, University of Social Welfare and Rehabilitation Sciences, Tehran, Iran

Masoud Fallahi-Khoshknab

Narges arsalani, mohammadali hosseini, eesa mohammadi.

2 Department of Nursing, Faculty of Medical Sciences, University of Tarbiat Modares, Tehran, Iran

BACKGROUND:

Discrimination in health care is a common phenomenon whose complete understanding has always been a major concern of health-care systems to control and reduce it. This study aimed to explore the experiences of unintentional discrimination and related factors in health-care providers.

MATERIALS AND METHODS:

This qualitative study was conducted with a content analysis approach in 2019. Data were collected through semi-structured interviews with 13 health-care providers including two physicians, three nursing supervisors, two head nurses, four staff nurses, and two nurse aides in two general hospitals in Tehran, Iran. Participants were selected through purposeful sampling. The obtained data were analyzed by Graneheim and Lundman method.

Three main categories and eight subcategories were obtained from the data analysis: (1) forced discrimination (superiors' pressures and executive orders, occupational concerns, and fear of the superiors); (2) guided discrimination (professional challenges, managers' policymaking, and lack of medical ethics knowledge); and (3) lack of resources (workforce shortage and lack of medical equipment).

CONCLUSION:

The results of this study suggest that health-care providers such as doctors and nurses are unintentionally forced to provide discriminatory care on some occasions. Knowing and managing these unwanted factors can partly counteract unintentional discrimination. Thus, preventing the factors that lead to superiors' pressures and occupational forces and improving the medical ethics knowledge should be considered by health-care managers.

Introduction

The ethical principle of justice concerns closely intertwined concepts such as “justice in health,” “discrimination,” and “equity.” The European Institute of Bioethics defines the concepts of justice and equity in health as follows: “justice in health means the lack of systematic and potentially resolvable differences in one or more aspects of health in a population and economic, social and geographical subgroup.” Accordingly, discrimination is the opposite of justice in health-care provision.[ 1 ] Discrimination in health care means a lack of provision, incomplete provision, or different provision of health care to an individual or group of individuals because of their individual and social characteristics.[ 2 , 3 ] Discrimination in health care is experienced by many in the community, but reported only by some,[ 2 ] most of whom are minorities in terms of race, ethnicity, or certain diseases or conditions, such as physical and mental disability.[ 4 ] Discrimination in health care manifests itself in various forms such as discrimination based on sex,[ 5 ] race,[ 6 ] age,[ 7 ] type of illness, religion,[ 8 ] language,[ 9 ] economic status, and social status,[ 10 ] in all of which individual's access to health services is reduced or is of poor quality.

Piette et al . explained the situation in their study as one-third of adults in the US experience discrimination in health care in their daily lives, and that 7% of them experience it several times.[ 11 ] In a study titled “Experienced discrimination amongst European old citizens,” van den Heuvel states that on an average 26% of respondents aged 62 years sometimes and 11% of them always experience age discrimination.[ 12 ] In a study titled “Discrimination Experience and Health Status in Spanish Immigrants,” Rodríguez-Álvarez (2017) reports that at least one per ten immigrants experienced discrimination in receiving health care. They also stated that these discriminations were not due to the age, sex, and educational level of the immigrants, but merely due to their being an immigrant and ethnic differences.[ 13 ] In another study in the UK in 2010, 1301 people over the age of 50 were surveyed, of whom 23% reported that they had experienced age discrimination in the past year.[ 14 ] In addition, studies conducted in 28 European countries have introduced age as the most significant reason for discrimination so that one-fourth of older adults (aged over 62) have sometimes or often experienced age discrimination.[ 15 ]

Discrimination in health-care provision has significant consequences. In several studies, Wheeler (2014), Rodríguez-Álvarez, and Wofford (2019) examined negative consequences and effects of health-care discrimination in its various forms. In a study titled “”The vicarious effects of discrimination: How partner experiences of discrimination affect individual health “ Wofford (2019) states that the experience of discrimination in care leads to a decrease in the confidence of patients and clients, as well as complications such as being exposed to and experiencing multiple stressors and its specific effects, anxiety, depression, hypertension, and even developing specific health problems and risk factors such as obesity, breast cancer, and substance abuse.[ 12 , 13 , 15 , 16 ]

Various organizations, particularly the WHO, have designed and implemented various strategies to combat discrimination in health care such as continuous education of ethical principles for health-care providers, continuous review of health-care policies, supporting community members, and emphasizing their reporting in case of experiencing discrimination in clinical settings,[ 9 , 17 ] but discrimination continues to occur in health-care provision.[ 18 , 19 , 20 , 21 ] Perhaps, low effectiveness of these policies and strategies can express the fact that they were not based on the full recognition of discrimination dimensions in health care. It is noteworthy that most studies on discrimination are quantitative research on the extent of occurrence and negative consequences, while few have addressed reasons for the emergence and subjective aspect of discriminative behaviors in health-care providers' on the other hand, perceived discrimination is influenced by culture and social factors and is perceived differently by individuals in various societies.[ 22 , 23 , 24 , 25 ]

Hence, a complete understanding of discrimination in providing health care and related factors is essential to adopt effective strategies for controlling and eliminating discrimination in health care. Therefore, this study aimed to explore the process of unintentional discrimination in health-care provision in Iran.

Materials and Methods

This qualitative study aimed to explore the unintentional discrimination process among health-care providers from June to December 2019. Conventional content analysis approach was used according to the objective of this study. This approach is useful for evaluating the perceived experiences of people about a routine phenomenon.[ 26 ]

The research setting consisted of two hospitals in Tehran, Iran, one of which was a public teaching hospital and the other was a private nonacademic one. Both hospitals provide specialty and subspecialty medical services.

Participants

Up-to-date saturation participants were 13 health-care providers who were employed in two general hospitals in Tehran, selected using purposive sampling with the highest diversity in terms of demographic characteristics (age, sex, work experience, etc.). Table 1 shows the demographic characteristics of the participants.

The demographic characteristics of the participants

NumberAge (year)SexMarital statusEducationPositionWork experience (year)Duration of interview (minute)
138MaleMarriedMasters in nursingClinical supervisor1635
232FemaleSingleBachelor in nursingNurse in gynecology ward820
340MaleSingleM.DEmergency physician1624
453FemaleMarriedBachelor in nursingClinical supervisor2827
552FemaleMarriedBachelor in nursingClinical supervisor2530
633MaleMarriedBachelor in nursingICU nurse833
732MaleSingleBachelor in nursingICU nurse1028
835FemaleMarriedDiplomaNurse aid1225
938FemaleMarriedBachelor in nursingHead nurse of surgical ward1523
1048MaleMarriedMDAnesthesiologist2228
1136MaleMarriedDiplomaNurse aid1035
1248FemaleMarriedMasters in nursingHead nurse of medical surgical ward2541
1342FemaleSingleBachelor in nursingNurse of clinic ward1630

ICU=Intensive care unit

Data collection

Data were collected through semi-structured interviews. First, interviews started with general questions such as “Have you ever discriminated patients during health-care providing? Please explain your experience” followed by subsequent questions based on the interviewee's answers. The time and place of interviews were planned in coordination with the participants at the hospital private room. The interviews took 20–41 min based on the conditions and willingness of the participants.

Data analysis

All interviews were conducted, recorded, transcribed, reviewed, coded, and immediately analyzed by the researcher. The Graneheim and Lundman's[ 27 ] conventional content analysis approach was used for analysis. Based on the content analysis process, initially, each interview was carefully read several times to gain a basic understanding and then important statements were highlighted (to determine the initial codes or semantic units contained in the transcripts of the interview about participants' experience of unintentional discrimination). In the next step, similar semantic units were extracted for semantic clarity and labeled as categories and subcategories. In fact, data were analyzed consistently and concurrently with data collection. The data were added throughout the data collection process until data saturation.

The Strauss and Corbin's (2015) method was used to validate the data, which combines the criteria presented by different researchers. Accordingly, the researcher tried to gain their trust and understand their experiences with long-term engagement, contact, and communication with the participants. Data validation methods were used to eliminate any ambiguity in coding through reviewing transcripts by the participants (member check). To this end, the researcher provided parts of the interviews and codes to the participants to reach the same understanding as the participants. Confirm ability was also checked to confirm the systematic and unbiased collection of data; members' agreement on interviews, codes, and classification of similar codes; and categories and comparison of what the researcher understood and what the participants meant. Data reliability was exercised with immediate transcription, peer check, and review of the whole data.

Ethical considerations

This study was approved by the Research Ethics Committee of Tehran University of Social Welfare and Rehabilitation Sciences (Ethics code: IR. USWR. REC.1398.023). In addition, the participants studied and signed the informed consent form for participating in this study. They were assured of the confidentiality of the information, and that the participants could withdraw from the study anytime.

Participants were 13 health-care providers including two physicians, three supervisors, two head nurses, four nurses, and two nurse aids. The age of the participants ranged from 32 to 53 years. Table 1 shows the characteristics of the participants. The findings of this study helped the researcher identify the following three main categories: (1) forced discrimination, (2) guided discrimination, and (3) discrimination related to lack of resources [ Table 2 ].

“Unintentional discrimination” with subcategories and open codes

CategorySubcategoryOpen code
Unintentional discriminationForced discriminationSuperiors’ pressures and executive orders
Occupational concerns
Fear of the superiors
Guided discriminationProfessional challenges
Managers’ policymaking
Lack of medical ethics knowledge
Lack of resourcesWorkforce shortage
Lack of medical equipment

Category 1 Forced discrimination

Forced discrimination category indicates that health-care providers are forced to discriminate in health-care provision to maintain their jobs or to comply with orders. This category was formed based on the subcategories of (1) superiors' pressures and executive orders, (2) occupational concerns, and (3) fear of the superiors, based on the analysis of initial codes.

Superiors' pressures and executive orders

In the subcategory of superiors' pressures and executive orders, the participants expressed that sometimes they had to discriminate in health-care provision to patients due to the pressure that higher authorities such as the president, manager, or nursing office applied on them. For example, participant = P (12) said:

“It's an order, or the patient is a relative of a colleague and I'm asked to keep the bed beside them vacant, but I'm not doing this for other people. However, these are orders and I have to follow them” (head nurse of the internal surgery ward, 48 years old, 25 years of experience).

P (9) also said: “When the nursing office calls me and recommends a patient and says that I, as the head nurse, should watch over them, what else can I say? I say OK” (head nurse of the surgery ward, 38 years old, 15 years of experience).

P (10) also said:

“Because of frequent calls made by the president for a number of patients admitted to the ICU, I act differently, I spend more time and precision on the patient” (anesthesiologist, 48 years old, 22 years of experience).

Occupational concerns

Another initial subcategory was occupational concerns where participants expressed the reason for discrimination in health-care provision as occupational concerns, such as fear of losing their job and their current position. For example, P (2) said:

“I and the rest of the nurses pay more respect to special and recommended patients; this is ordered by the organization to maintain our job and position. We do this as we have no other choice since it might be hard to find a job somewhere else” (nurse of the gynecology ward, 33 years old, 8 years of experience).

Fear of the superiors

Fear of the superiors was another initial subcategory emerging from the code analysis. The participants noted that sometimes the only reason for which they must provide different care or other forms of communication with the patient is a fear of superiors such as a supervisor or a head nurse. For example, P (8) said:

“I sometimes pay more attention to some patients, I don't know why it is so, it has always been like that, and head nurses always say this to me and other nurse aids. It has been due to our fear of the head nurse or even behavior of some physicians” (nurse aid, 35 years old, 12 years of experience).

Category 2 Guided discrimination

This category refers to the fact that lack of professionalism in medical science majors in Iran, which can be attributed to failure to explain ethical codes as well as the lack of knowledge and training on the principles of medical ethics for physicians, nurses, and other health-care providers, which made health-care providers to have discriminatory behaviors. This category has three subcategories of professional challenges, managers' policymaking, and lack of medical ethics knowledge.

Professional challenges

This subcategory refers to the occupational nature of health-care professions and being involved in their problems. For instance, high workload and fatigue are factors that make service providers exhibit discriminatory behaviors unintentionally as P (11) said:

“If I'm very tired or working at night shifts for several days, I actually do not care much for the patient and neglect many things, or if I'm to do something, I'll do it for some special patients that I have to” (nurse aid, 36 years old, 10 years of experience).

P (7) also said:

“I've seen that doctors or nurses generally attend to patients less at nights and they somewhat discriminate among patients. They don't check the operation site, or they do less suctioning; generally medical and nursing care reduces and maybe it is due to personnel fatigue” (ICU nurse, 33 years old, 10 years of experience).

Managers' policymaking

This subcategory refers to some of the internal policies of health managers that may cause unintentional discrimination among staff by setting certain policies or less supervision. The participants also pointed out that one of the main causes of fighting discrimination is the very managers' will. For example, P (12) said:

“The one at the top of this system must want it to happen; a simple example is visiting patients; some of my colleagues here work in another hospital, too. I went to visit a patient, but they didn't allow me, even though they knew me, they didn't let me visit outside the specified time. The two hospitals are located next to each other and both affiliated to one university, but there is so much difference. It all goes back to the top of the pyramid and management. How much the manager wants to fix the system matters?” (head nurse of the internal surgery ward, 48 years old, 25 years of experience).

Lack of medical ethics knowledge

Lack of knowledge of ethics codes, lack of medical ethics knowledge, and lack of understanding of these principles at university make health-care providers pay less attention to these principles and unintentionally discriminate in the provision of health care. For example, P (3) said:

“Training on ethics was absolutely insufficient. There must be training during medical and nursing courses, but unfortunately it is not so; not even in medical ethics courses, such a problem has become so common among us and all have accepted it. So first and foremost is the teaching and learning of ethical principles at university” (emergency physician, 40 years old, 16 years of experience).

Category 3 Lack of resources

This category refers to the resources needed to provide health services, but when these resources are defective or scarce, the health-care provider is unintentionally forced to discriminate. Two subcategories of discrimination due to workforce shortage and lack of medical equipment emerged from the data analysis.

Workforce shortage

The shortage of physicians, nurses, and other health-care providers unintentionally forces health-care providers to discriminate as it leads to failure in providing the necessary care and even reducing the quality of services. P (9) said:

“As a head nurse, manpower is very important to me; when manpower is low, the quality of work reduces and now if we have some special and recommended patients in the ward, a significant portion of the manpower is dedicated to them and the quality work for other patients decreases and other patients get less attention because we are not enough” (head nurse of the surgery ward, 38 years old, 15 years of experience).

P (6) also said:

“How can I, as a nurse of the internal ward with 10 patients and one of them intubated, handle them all, I have to discriminate, and those who have better conditions will receive more care; I have no choice; we are not enough” (ICU nurse, 33 years old, 8 years of experience).

Lack of medical equipment

Lack of medical equipment also makes physicians and nurses unintentionally discriminate between patients due to access restrictions. For example, P (6) said:

“Healthcare provision is better in ICUs, but lower and poorer in regular wards because a nurse like me has 8–10 patients there and one is intubated, and I don't have time or even monitors to permanently check on them. There, I have to differentiate among patients, and care for a patient only for 2 h in a whole 12-h shift because I don't have the time or the equipment to do it” (ICU nurse, 33 years old, 8 years of experience).

All participants expressed that they had to discriminate in health-care provision in different circumstances. In fact, the participants stated that they are forced to make ethically incorrect decisions and disobey ethical principles unintentionally when providing health care due to reasons such as fear of superiors. In this regard, Kligyte et al . pointed out that fear, worry, and anger can inhibit ethical decision-making. Health-care providers cannot consider justice in their nursing and care plane; finally, patients experience different types of discrimination in health care. In fact, they have no choice and they had to have discriminatory behaviors with patients.[ 28 ]

Furthermore, our findings showed that forced discrimination affects the working environment of physicians, nurses, and other health-care providers, which creates conditions in which they cannot observe the four principles of bioethics, the principle of justice. The participants stated that they discriminate in the provision of health care to patients due to pressure from managers and officials. In fact, it can be argued that the environment in which health-care providers perform their duties can have a positive or negative approach and result in implementing the principles of bioethics. Professional ethics refers to the use of logical and consistent communication, knowledge, clinical skills, emotions, and values in practice. In this regard, Dehghani et al . point out that factors influencing compliance to professional ethics are divided into the following three dimensions: (1) individual dimension (personal characteristics, religious values, and family conditions); (2) organizational dimension (leadership, management, communication with colleagues, rewards and punishment system, organizational culture, etc.); and (3) environmental dimension (economic, social, and cultural). The organizational dimension is more important because it can control and make more changes. Personal ethical decision-making is related to organizational ethical atmosphere, so the viewpoint of manager in health care can change the ethical behaviors of health-care providers.[ 29 ]

Managers' pressure on medical personnel to do things that contradict medical and nursing ethics reflects the ethics that govern an organization such as a hospital. In fact, the ethical behavior of managers in the health-care system is a predictor of observing professional ethics. Kaabomeir et al . quote Douglas emphasizing that if managers and senior executives apply ethics in the workplace, an ethical climate dominates the organization, which can influence other people. According to a survey by the Institute of Business Ethics, managers' adherence to ethics can reduce employees' unethical behavior by up to 50%. Furthermore, ethical decision-making by medical personnel is affected by factors such as fear and anger.[ 30 ]

In addition, our findings showed that some factors such as lack of medical ethics knowledge and lack of professionalism lead health-care providers to discrimination. In fact, these factors occur in the context of medical and nursing care, which reduces the focus on the structure needed to implement ethics. As mentioned in the results, the participants stated that lack of professionalism makes them pay less attention to observing the principle of justice in health-care provision. It is important that professionalism requires the development of and compliance with codes of ethics, as it can be seen in developing countries such as Iran, where medical professions are not completely professionalized, which eventually manifests itself in the form of noncompliance with the principles of medical ethics.[ 31 ] In this regard, Mahajan et al . point out that ethics is an integral part of becoming a medical professional. Furthermore, they emphasized that if the professionalism process is not accomplished properly, graduates would not understand ethical principles and cannot comply with ethical principles such as justice in health care.[ 32 ]

Lack of knowledge about the principles of medical ethics was also mentioned by the participants. In fact, health-care providers such as physicians and nurses that have the highest levels of communication with the patient and need to consider health-care ethics, ultimately provide health-care services that are practically not ethical because they lack the required knowledge. In fact, the lack of training on the principles of bioethics, health justice, leads health-care providers to discriminate in health care. Accordingly, Imran et al . suggest that medical students at general and specialty levels that have not received education on these principles are not capable of making necessary decisions and observing ethical principles such as independence and justice, which affects their professional qualifications, too.[ 33 ] Dehghani et al . pointed out that teaching and learning professional ethics principles at university are among important and effective factors in the formation of nurses' ethical behaviors.[ 29 ]

The importance of learning the principles of bioethics while studying medical sciences and its incorporation is another aspect of this process. As shown by the results, the participants mentioned a lack of education and learning of bioethics principles in universities as a cause of discrimination in providing health care. In this regard, Bostani pointed out that systematic incorporation of bioethics principles in nursing education programs, while familiarizing them with ethical principles, will improve the quality of nursing care, ethical decision-making, and compliance with these principles to provide health care to patients.[ 34 ] Acharya and Shakya (2016 also emphasized that the four principles of bioethics should be emphasized in medical students' curricula in order to respect and maintain patient autonomy, promote justice, and avoid discriminatory behaviors in health.[ 35 ]

Lack of resources, including workforce and medical equipment, was another aspect of unintentional discrimination in health care. As shown by the results, the participants stated that they are forced to unintentionally differentiate between patients and have discriminatory behaviors in health-care delivery when they face challenges such as shortage of doctors and nurses at work.[ 36 , 37 , 38 ] The global challenge of shortage of nurses in recent decades is a major concern for health-care organizations, which leads to physical and psychological harm, job dissatisfaction, burnout, and so forth. What is noticeable here is the effect of lack of resources on bioethical principles governing health-care provision such that this challenge has led to a phenomenon known as moral distress among nurses, which in turn has extensive negative consequences and causes a vicious cycle.[ 39 ] In fact, health-care providers tend to adhere to the ethics of health care based on their professional duty, but the question is how can they provide quality care based on ethics when professionals such as physicians and nurses are not sufficient? In fact, they have no choice but to abandon some of these ethical principles when providing health care because under the present conditions, physical care is prioritized and ethical principles such as justice in care are less attended to.

Different articles have been conducted on health-care discrimination, but they are quantitative, and we cannot survey the main problems about discrimination in health care. This study was a qualitative article, so we could detect the main category of unintentional discrimination in health care. According to these findings, we can design an effective model for controlling discrimination in health care.

Every article has some limitations, so the authors reiterate that this study was based on Iranian culture and health-care system, so the results cannot be generalized to other countries, and it is recommended that similar studies be conducted in other countries.

The findings of this study showed three categories of unintentional discrimination including forced discrimination, guided discrimination, and lack of resources. In this study, the participants emphasized that they unintentionally discriminate health-care provision to patients due to various factors, including managers' pressure and lack of resources, as well as professional challenges such as lack of medical ethics knowledge. This study could clarify the concept of discrimination in health care, and it is recommended that health-care managers use the results of this study to plan and implement measures to control and reduce discrimination in health care.

Financial support and sponsorship

Conflicts of interest.

There are no conflicts of interest.

Acknowledgments

This study was extracted from a Ph.D. thesis in nursing approved on May 29, 2019, in Tehran University of Social Welfare and Rehabilitation Sciences. The researchers would like to sincerely thank all participants in this study including physicians, nurses, and nurse aids.

Anti-discrimination Laws, AI, and Gender Bias: A Case Study in Non-mortgage Fintech Lending

Stephanie Kelley, Anton Ovchinnikov, David R. Hardoon, Adrienne Heinrich (2022) Antidiscrimination Laws, Artificial Intelligence, and Gender Bias: A Case Study in Nonmortgage Fintech Lending. Manufacturing & Service Operations Management 0(0). https://doi.org/10.1287/msom.2022.1108

Posted: 23 Nov 2020 Last revised: 15 Nov 2022

Stephanie Kelley

Ivey Business School, Western University

Anton Ovchinnikov

Smith School of Business - Queen's University; INSEAD - Decision Sciences

David R. Hardoon

Aboitiz Data Innovation; Union Bank of Philippines

Adrienne Heinrich

UnionBank of the Philippines; Aboitiz Data Innovation

Date Written: November 1, 2021

Problem definition: We use a realistically large, publicly available dataset from a global fintech lender to simulate the impact of different anti-discrimination laws, and their corresponding data management and model building regimes, on gender-based discrimination in the non-mortgage fintech lending setting. Academic/Practical Relevance: Our paper extends the conceptual understanding of model-based discrimination from computer science to a realistic context that simulates the situations faced by fintech lenders in practice, where advanced machine learning (ML) techniques are used with high-dimensional, feature rich, highly multi-collinear data. We provide technically and legally permissible approaches for firms to reduce discrimination across different anti-discrimination regimes, whilst managing profitability. Methodology: We train statistical and ML models on a large and realistically rich, publicly available dataset to simulate different anti-discrimination regimes, and measure their impact on model discrimination, predictive quality, and firm profitability. We use ML explainability techniques to understand the drivers of ML discrimination. Results: We find that regimes that prohibit the use of gender (like those in the United States) substantially increase discrimination, and slightly decrease firm profitability. We observe that ML models are less discriminatory, of better predictive quality, and more profitable compared to traditional statistical models like logistic regression. Unlike omitted variable bias—which drives discrimination in statistical models—ML discrimination is driven by changes in the model training procedure, including feature engineering and feature selection, when gender is excluded. We observe that down-sampling the training data to rebalance gender, gender-aware hyperparameter selection, and up-sampling the training data to rebalance gender, all reduce discrimination, with varying trade-offs in predictive quality and firm profitability. Probabilistic gender proxy modeling (imputing applicant gender) further reduces discrimination with negligible impact on predictive quality and a slight increase in firm profitability. Managerial Implications: A rethink is required of the anti-discrimination laws, specifically with respect to the collection and use of protected attributes for machine learning models. Firms should be able to collect protected attributes to, at minimum, measure discrimination, and, ideally, take steps to reduce it. Increased data access should come with greater accountability for firms.

Keywords: discrimination, bias, ethics, law, fintech, artificial intelligence, machine learning, gender

Suggested Citation: Suggested Citation

Stephanie Kelley (Contact Author)

Ivey business school, western university ( email ).

1255 Western Road London, Ontario N6G0N1 Canada

Smith School of Business - Queen's University ( email )

143 Union Str. West Kingston, ON K7L3N6 Canada

INSEAD - Decision Sciences ( email )

United States

David Hardoon

Aboitiz data innovation ( email ).

Singapore Singapore

Union Bank of Philippines ( email )

Pasig Philippines

UnionBank of the Philippines ( email )

Metro Manila Philippines

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Discrimination and Disrespect

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Discrimination and Disrespect

6 A Case Study: Racial Profiling

  • Published: November 2015
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The disrespect-based theory developed earlier in the book aspires to explain what is characteristically and intrinsically wrong about core cases of wrongful discrimination. This chapter considers at length one example of the kind of discrimination that is not necessarily ruled out by the moral demands of respect for persons: racial profiling in law enforcement. The chapter argues that this practice, and others like it, may be troubling on grounds that are fundamentally contingent and hence very different in character. What makes racial profiling morally wrong may not be that it is distinctly unfair, or that it is necessarily racist, but rather that it contributes to a set of conventional social understandings that do unjustified harm. The chapter develops this argument by clarifying the general conceptual distinction between “profiling” and the use of “suspect descriptions,” and proceeds to consider the merits of several different arguments often advanced against profiling.

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anti discrimination case study

Promoting Diversity and Combatting Discrimination in Research Organizations: A Practitioner’s Guide

Diversity and Discrimination in Research Organizations

ISBN : 978-1-80117-959-1 , eISBN : 978-1-80117-956-0

Publication date: 1 December 2022

The essay is addressed to practitioners in research management and from academic leadership. It describes which measures can contribute to creating an inclusive climate for research teams and preventing and effectively dealing with discrimination. The practical recommendations consider the policy and organizational levels, as well as the individual perspective of research managers. Following a series of basic recommendations, six lessons learned are formulated, derived from the contributions to the edited collection on “Diversity and Discrimination in Research Organizations.”

  • Inclusive work climate
  • Lessons learned
  • Policy recommendations
  • Recommendations for actions
  • Sexual harassment

Striebing, C. , Müller, J. , Schraudner, M. , Gewinner, I.V. , Morales, P.G. , Hochfeld, K. , Hoffman, S. , Kmec, J.A. , Nguyen, H.M. , Schneider, J. , Sheridan, J. , Steuer-Dankert, L. , O’Connor, L.T. and Vandevelde-Rougale, A. (2022), "Promoting Diversity and Combatting Discrimination in Research Organizations: A Practitioner’s Guide", Striebing, C. , Müller, J. and Schraudner, M. (Ed.) Diversity and Discrimination in Research Organizations , Emerald Publishing Limited, Leeds, pp. 421-441. https://doi.org/10.1108/978-1-80117-956-020221012

Emerald Publishing Limited

Copyright © 2023 Clemens Striebing, Jörg Müller, Martina Schraudner, Irina Valerie Gewinner, Patricia Guerrero Morales, Katharina Hochfeld, Shekinah Hoffman, Julie A. Kmec, Huu Minh Nguyen, Jannick Schneider, Jennifer Sheridan, Linda Steuer-Dankert, Lindsey Trimble O’Connor and Agnès Vandevelde-Rougale

Published by Emerald Publishing Limited. This work is published under the Creative Commons Attribution (CC BY 4.0) licence. Anyone may reproduce, distribute, translate and create derivative works of this work (for both commercial and non-commercial purposes), subject to full attribution to the original publication and authors. The full terms of this licence may be seen at http://creativecommons.org/licences/by/4.0/legalcode

Transfer to Practice

It is a particular concern of ours to provide practitioners in academic organizations with the insights that they can draw from the contributions presented in this edited collection for their work and their specific organizational contextual conditions. With this essay, we therefore want to offer a comprehensive orientation on the question of what measures can be taken in practice to create discrimination-free working conditions for a diverse workforce, whereby we especially address academic leadership and research managers. Our prototypical program is described in the following steps:

Based on research on effective gender equality policies in research organizations, we derive four conditions that policy-makers should consider to provide sufficient framework conditions for reducing social and systemic discrimination in academia (see “Recommendations for Policy-Makers” section).

We outline a compact program of measures at the organizational level, which is essentially based on the studies of the US National Academies of Sciences, Engineering, and Medicine (2018) about the sexual harassment of women in science and experience of this article’s authors, which we have gained in our own projects (see “Recommendations for the Design of a Discrimination Resuction Program” section).

We discuss the role that research management can – or should – play in creating a diversity-inclusive team climate as well as preventing and managing cases of discrimination (see “Recommendations for Academic Leaders and Research Managers” section).

Finally, we discuss how the contributions in this edited collection add to the current state of research on the effective prevention and fair treatment of discrimination in the scientific workplace (see “Our Lessons Learned” section).

Recommendations for Policy-Makers

For more than two decades now, the European Commission has been funding research projects that address the question of how to increase the participation of women researchers in research teams and decision-making positions in the European Research Area. Without claiming to be exhaustive, examples include the Helsinki Group on Women in Science reports first published in 2002 ( EC, 2008 ), the PRAGES project ( Cacace, 2009 ), and the STAGES project ( Kalpazidou Schmidt and Cacace, 2017 ).

A subsequent assessment of the Organisation for Economic Co-operation and Development’s ( OECD, 2018 ) Science, Technology and Innovation Outlook appears to be rather skeptical concerning the impact of gender equality interventions in science, technology, engineering, and mathematics (STEM). The authors recognize the strong prevalence of gender equality measures among OECD countries, mainly aiming to increase the number of students in the STEM fields and the provision of support to individual women scientists. However, they criticize the fragmentation of current policy actions “[…] characterised by multiple institutions acting independently, and limited co-ordination between education, science and innovation actors” ( OECD, 2018 : 178). They attest an insufficient sustainability of the various initiatives and the need for more systemic evaluations and indicators as well as mutual learning formats. Especially regarding the importance of long-term monitoring and evaluation of gender equality challenges and measures, the OECD report confirms the policy recommendations of the mentioned EC reports. Moreover, the nub of equality measures addresses the quantitative equalization of women and men, yet the quality of work and working climate are a rare issue.

The following framework conditions for success in promoting gender equality in research – and, by analogy, promoting underrepresented or disadvantaged groups of people – can be derived from the reports mentioned above.

Gender monitoring: Highly institutionalized gender monitoring that comprises a high number of research institutions and indicators keeps gender equality on the broader political and organizational agenda and enables problem-framing and impact evaluation of gender equality measures.

Leadership: A clear commitment of political and organizational leaders gives legitimacy to those actors like working groups, equality officers or intrapreneurs who work every day to improve gender equality in their organizations.

Networks: Networks enable mutual learning for research organizations and enable coordinating extensive actions at multiple levels between versatile actors from local to global.

A fourth condition for success – which is not explicitly mentioned in the reports above but should not be underestimated – is the binding nature of anti-discrimination measures. Research shows that a lack of consequences often restricts the effectiveness of gender equality measures ( Matthies and Zimmermann, 2010 ; van den Brink and Benschop, 2012 ). Firm accountability provides measures such as quotas, voluntary agreements and gender equality plans with the necessary binding force and therefore will be considered in the following discussion, along with the other policy approaches.

Recommendations for Designing a Discrimination Reduction Program

Structured according to a simplified policy cycle that distinguishes the phases of policy formulation, implementation and evaluation and has an iterative sequence, Fig. 22 lists a number of measures to reduce, prevent and manage experiences of discrimination in the research workplace (see also Marquis et al., 2008 : 4–6).

Fig. 22. Building Blocks of a Coherent and Comprehensive Program to Ensure a Discrimination-Free and Diversity-Friendly Workplace.

Building Blocks of a Coherent and Comprehensive Program to Ensure a Discrimination-Free and Diversity-Friendly Workplace.

Evaluating the Status Quo and the Achievement of Objectives

The basis for developing an effective anti-discrimination program is a sound knowledge base on the distribution of employees according to different socio-demographic characteristics (e.g. age, gender, care responsibilities, ethnicity, etc.). For the purpose of evidence-based development of a discrimination reduction program, ideally data is collected that relates the respective socio-demographic characteristics to organizational status characteristics (e.g., hierarchical position, function, income) or employee perceptions and experiences (e.g., survey of work climate, experiences of social misconduct, compatibility of professional and private obligations). 1

The finer the units of analysis, the more meaningful the evaluation of the status quo and the achievement of objectives. For example, to identify potential outcomes of systemic discrimination, data should be differentiable by scientific or non-scientific activity or hierarchical level. The work climate may considerably vary between individual teams and across disciplines, depending on conflict constellations that are very situation-specific. 2

For an evaluation to be successful and – above all – practically relevant, it is important to plan for budget and working time. Evaluations not only involve sending out an online survey and presenting the results in PowerPoint; rather, they require a person or group of persons with sufficient expertise to develop an evaluation concept (key questions are: What do we want to know and why?), implement it using suitable survey instruments (questionnaires, interviews, focus groups, document analyses, etc.) in compliance with data protection regulations, and generate meaningful data that meet social science quality standards (e.g., validity and reliability, transferability, representativeness). In the meantime, there are a number of tools that enable an easily applicable organizational survey tailored to research organizations, e.g., on gender equality. 3 However, without social science expertise, even these tools cannot be used optimally, nor can the data generated be interpreted well.

Statistical methods such as questionnaire surveys often reach their limits when researching minority groups such as employees with health impairments or LGBTQI+ employees. Since social minorities are obviously often small groups in terms of numbers and therefore difficult to reach, collecting data on them often violates data protection regulations. Person-related inferences are easily made possible when – for example – two out of 80 respondents assign themselves to a third gender category. In these cases, qualitative methods such as interviews or focus groups, must be used to gather information about any experiences of discrimination. Another strength of qualitative methods is that they enable understanding correlations in data (e.g., why one social group evaluates the work climate worse than another), whereas the strength of quantitative methods lies in detecting and confirming such correlations.

Another necessity for an evaluation that holds practical relevance is a process for its utilization. Within this framework, questions arise concerning how often an evaluation should be carried out, what happens to the results of the evaluation, what happens in the case of conspicuous or critical values at the organizational or team level, who determines the threshold values for the critical values, and who manages this process. The clearer and more binding that the process is for utilizing the evaluation results, the stronger the practical impact of the evaluation.

The data collected and the evaluations carried out on it should be handled transparently to counteract the creation of organizational myths within the workforce about positive and negative discrimination among them, potentially compromising the effectiveness of anti-discrimination policies. 4 The results of the status quo and progress evaluation can be reported in the annual or equality report of a research organization. Continuous progress monitoring requires that the data collected meet social science standards from the outset (see the discussion of evaluation teams above), since data are no longer comparable between two or more time periods if the questionnaire design is changed in significant ways.

The knowledge base generated by the evaluation can be used to develop targeted policies. Noteworthy, the evaluation of the policy program to be established should already be considered during its development ( Palmén et al., 2019 ). Key questions are which indicators can be used to determine whether a program has been successful or whether adjustments are necessary. Furthermore, how are the data needed to answer this question generated, and who collects and evaluates them? Adequate human resources must be planned for ongoing evaluation.

Policy Formulation: Defining Clear Behavioral Expectations and Consequences

When designing a social intervention such as an anti-discrimination program, it is important to formulate a set of goals that are as specific as possible for the state to aim for. Specific goals enable the effective planning and use of the human and financial resources available to implement the program, means-ends relationships can be assessed for appropriateness, and goal achievement can be evaluated. Insofar as an organizational cultural change is aimed for, it should be clearly presented accordingly which behavior is expected from the employees in concrete terms, which complaint channels are open in the event of violations and which consequences may occur ( Daley et al., 2018 ).

A code of conduct can be formulated as a key document that provides a framework of orientation for employees and the anti-discrimination program. The code of conduct should be short and compact. It should not be formulated only by the leadership team but in a participatory process involving employees. This promotes the acceptance and implementation of such a code of conduct. In practice, such codes of conduct regularly address the key issues of workplace integrity and the prevention of workplace incivility. Such broad framing signals that protection against discrimination requires the active cooperation of all employees and that not only extreme cases of discrimination that can be proven in court are to be prevented, but rather that the general aim is to create a positive inclusive working environment in which even minor forms of discrimination cannot flourish in the first place.

Broad framing as workplace integrity or incivility also emphasizes the integrated nature of an anti-discrimination policy. In practice, in most academic institutions, equality officers, disability officers, anti-racism officers, work councils and other bodies are separate institutions that often have to establish mutual intersections. For example, if a sexist work environment prevails at a university or other academic institution, organizational change should not only be the responsibility of the equal opportunity officers, but must be driven by the management level and lived by all employees. Moreover, it is very likely that other types of discrimination are also taking place. A smart anti-discrimination policy takes into account and bridges the functional differentiation of institutional discrimination prevention and management.

In the sense of an integrated approach with clear behavioral expectations, it is also important to explicitly include personnel management competencies in job profiles and subsequently also evaluate academic leaders based on these competencies. At present, the suitability of researchers for leadership positions is often assessed solely based on their academic performance and very few leaders are trained to recognize or effectively address inequitable behaviors. Management and personnel leadership skills are expected in very few job requirements, although “team science” ( Wang and Barabási, 2021 ) is on the rise.

When designing policies, it is also important to encourage bottom-up approaches, i.e., initiatives coming from employee representatives, team members, and not decided by an institution’s management. Such initiatives are more likely to promote equity in a grounded and reflexive approach that might challenge dominant views on personnel management in academia and research organizations. Bottom-up approaches could inter alia help thinking research policies and practices outside a neoliberal managerial grid (see Vandevelde-Rougale and Guerrero Morales in this collection) and thus contribute to fostering a more caring environment, with more time and resources allocated to thinking and creating, and less to complying with evaluation indicators based on international rankings that tend to reinforce power imbalance and competition both between individuals and between organizations instead of acknowledging the contribution of research to society ( Hodgins and McNamara, 2021 ).

Policy Implementation: Embedding Objectives Through Context-Specific Measures

An anti-discrimination program should generally be implemented through context-specific interventions ( Palmén et al., 2019 ). This means that the program should be tailored as appropriately as possible for the specific situation and challenges in an organization. Individual interventions should be adapted to the requirements and needs of different target groups, such as research managers, early career researchers, administrative staff, and others. Measures should also take into account organizational characteristics: for example, in a research organization with low staff turnover, targets for the representation of certain social groups will only be realized in the long term.

In terms of content, a wide range of measures is available, which should be coordinated with evaluating the status quo and formulating goals. Typical measures include welcome actions for new staff, training for employees to enable them to implement the goals of the anti-discrimination program in their daily work; for example, to recognize and overcome implicit prejudices against certain social groups, work productively in diverse teams, or behave appropriately as a bystander to discriminatory behavior in the workplace. Training such as anti-discrimination or anti-gender bias training as part of institutional onboarding after hiring and repeated refresher courses can also help to ensure that managers have the appropriate skills for inclusive leadership and conflict management.

As already mentioned above, the commitment of the academic leaders in a research organization is a central condition for the success of an anti-discrimination program. This commitment should be visible in the organization; for example, through speeches or circulars (provided that these discourses are linked to means and practical actions). 5

Fig. 22 lists a range of other possible measures through which the goals of an anti-discrimination policy can be implemented: regular career-related and documented development discussions between leaders and their employees promote joint career development and partly counteract biased preference or disadvantage in interactions between leaders and their employees (vertical discrimination), especially early career researchers and their supervisors, as well as among employees (horizontal discrimination). Low-threshold, confidential, and well-advertised reporting channels – which can not only be consulted in cases of tangible discrimination – may enable leaders to intervene at an early stage. In cases where the personal supervisor is excluded as a reporting channel due to a conflict, research organizations should offer “neutral” reporting channels that are not embedded in local hierarchies and dependencies. Depending on the context, measures aimed at improving the reconciliation of scientific work and private life are potentially suitable for reducing gender-related discrimination, e.g., crediting parental leave and care responsibilities when assessing the scientific performance of an early- or mid-career researcher, waiving meetings at off-peak times, or offering childcare.

Recommendations for Academic Leaders and Research Managers

Research managers are considered to be those individuals who provide support services to researchers and academics and themselves have an academic education and – in some cases – experience in research and teaching ( WR, 2018 : 85). 6 They work in staffs or decentralized units, monitor compliance with quality standards, supervise committees, and are involved with personnel processes in a variety of ways.

While the integration and productive use of diversity in research teams in everyday work is the task of traditional academic leaders – e.g., chair holders, research group leaders or the dean – research managers are regularly entrusted with diversity monitoring and developing and implementing strategic action programs (as exemplified above) from an organizational perspective. A comparable division of labor also exists for preventing and handling discrimination, which are regularly to be resolved initially by “line management,” i.e., the immediate leader in accordance with the academic hierarchical order, but which can be handed over under certain criteria or alternatively to specially established committees, staff units or service providers. Examples include academic ombudspersons, equal opportunity officers, compliance officers, representatives of the severely disabled, staff councils, psycho-social counseling centers, lawyers or other external reporting offices. Nonetheless, as studies in this volume show, these organs do not always interfere flawlessly, which require further optimization of their work and anti-discrimination actions.

Integrating Diverse Teams

Regarding gender-diverse teams, Nielsen et al. (2018) discuss how to create a diversity-inclusive team climate in research and innovation development. First, the quality of collaboration and problem-solving ability of diverse teams (and homogeneous teams as well) is considerably influenced by their diversity belief and openness to diversity. Diversity belief refers to the conviction of individual team members that their difference is a strength in the work process ( van Dick et al., 2008 ). Openness to diversity refers to the awareness of – for example – visible, informational or value differences in a team and the willingness of a team member to engage with dissimilar individuals and learn from them ( Hobman et al., 2004 ). Accordingly, it is recommended that academic leaders interact with their teams to determine whether they view themselves as homogeneous or heterogeneous in terms of the professional and socio-demographic characteristics of their members and whether they view each as positive or negative. A low openness to diversity or a low diversity belief would have to be explored in an exchange with the team or a bilateral exchange with the team members.

Second, teams that work productively are those whose interactions (i.e., conversations and collaboration) between team members are determined by the expertise and experience of individual team members rather than social relationships ( Joshi and Knight 2015 ). For leaders, this implies clearly identifying and communicating to the team the competencies and responsibilities of each member of their team. Larger work tasks in research projects should be differentiated according to the competencies that they require to be mastered and how the team members can optimally complement each other in their competencies.

Third, the same applies to the integration of diverse teams that applies to team processes in general, namely teams need team players. Team members should have a certain level of identification with their team, a shared sense of purpose and they must trust the team’s ability to accomplish tasks, the team’s processes should be transparently coordinated, and team members should treat each other with mutual respect and openness ( Nielsen et al., 2018 ). The team structure should thereby regulate itself based on the competencies and expertise of the team members, as noted above. Too much team cohesion in turn can lead to isolation and silo thinking in an organization and may even be more conducive to exclusion and discrimination processes ( Feldblum and Lipnic, 2021 ).

Preventing and Managing Discrimination

The expectations placed on leaders and research managers to prevent and deal with discrimination in the workplace are sometimes high and sometimes seem contradictory. An idealistic and a realistic perspective can be distinguished.

In the idealistic perspective, organizations strive for rationally acting leadership and management personnel. These personnel are sensitized through training and show zero tolerance toward discriminatory behavior and structures in the workplace. They regularly and perceptibly commit to zero tolerance in the organization, set an example through their own behavior, and deal with discrimination claims promptly and fairly (prototypical Daley et al., 2018 ).

On the other hand, a realistic perspective takes better account of the complexity of social conflicts in the workplace. It is often not possible to say clearly who are the perpetrators and who are the victims in a conflict case. Typical of this are claims of systemic discrimination based on institutions – i.e., implicit and explicit rules and practices – in an organization or in cases of scandalization. In his studies on academic mobbing, Westhues (2021) recommends a sober and critical approach to complaints of workplace misconduct within the line authority. The respective academic leaders in charge would have a broader perspective to deal with claims sensitively and fairly, whereas individuals and committees specifically appointed to investigate would sometimes tend toward zealotry. Westhues emphasizes that social conflict in the workplace is often borne out of social relationships. The individuals involved in each case seek empathy and allies, which can lead to the aforementioned scandalization, i.e., criticism by a group against an individual (also conceivable in relation to accusations of inaction regarding dismantling discriminatory institutions), without there being any concrete misconduct against the group.

In turn, the realistic perspective reaches its limits where problem-solving by academic leaders does not take place; for example, because they are involved in the conflict themselves, they are not willing to adjust supposedly discriminatory structures and rules, or an adjustment of the structures simply exceeds their work capacities.

In summary, it can be deduced from the comparison of the two approaches that universities and research institutions need sensitized leadership and management personnel who are aware of their role model function and trained to deal with employee complaints objectively, discreetly and rationally. At the same time, due to their embeddedness in the work processes of their own organization, academic leadership personnel are also only capable of objectively and conclusively resolving cases of social misconduct and discrimination complaints to a certain extent. This requires contact points that deal with preventing and managing discrimination on a structural basis (and not exclusively based on a specific case).

Our Lessons Learned

Lesson 1: identifying and knowing the majority group in a research organization is key to understanding discrimination processes.

Our first lesson learned is anything but a novel insight; rather, it is the core of social identity theory. The theoretical assumption that there are so-called in- and out-groups in (research) organizations, whose boundaries are constitutive of experiences of discrimination partly formed through experiences of discrimination, is supported in particular by the contributions of Sheridan et al., Striebing, Pantelmann and Wälty, Nguyen et al. and Gewinner. The contributions discuss and/or provide evidence of the negative consequences of deviating from a norm type that can typically be described as male, healthy, and belonging to the ethnic majority in a country. In their paper, Pantelmann and Wälty comprehensively explain the historically formative role of this in-group, leading to what the authors describe as an androcentric academia. A typical example of the androcentric character of work processes in academia is the traditionally very high proportion of men in scientific leadership positions and the low proportion of men in administrative assistant functions [ e.g., Kolboske (2021) shows this for the German Max Planck Society].

The respective in-groups – which vary in their composition depending on the local context – have defined the implicit and explicit rules and practices in research organizations over time and continue to play a major role in determining their interpretation. Examples of such indirectly exclusionary rules include processes that appear to create rationality and transparency, such as evaluation rules or review committees. These kind of rational processes are problematic when they only aim to create decision legitimacy through processes seen as legitimate rather than a truly legitimate, just, “good” outcome, free of cognitive bias (van den Brink and Benschop, 2012, on the concept of legal legitimacy: Mayntz, 2010 ). The Covid-19 pandemic and the associated problem of double jeopardy – especially for the parents of young children – is an example of how processes that appear objective can lead to systemic discrimination when research organizations evaluate process outcomes as “neutral.” The constraints associated with the pandemic have led to an average decline in publication output among female researchers, which will disadvantage their long-term career development if research organizations maintain their unilateral focus on process justice rather than outcome justice ( Squazzoni et al., 2021 ; Nature Editorial, 2021 ).

Examples of informal practices shaped and reproduced by an in-group that can have an indirectly exclusionary effect may seem trivial in some cases, but they can be highly meaningful in individual research organizations. One can think of regulars’ tables, meetings in the evening hours, 24/7 lab hours, hiking groups, and other forms of interaction that promote exchanges based on expectations of presence and personal sympathies rather than professional skills and expertise ( Nielsen et al., 2018 ).

In their study of Vietnamese social scientists, Nguyen et al. illustrate that individuals who assume a higher level of effort in informal household and care work are disproportionately less able to meet academic performance expectations than individuals who assume fewer household duties. In Vietnamese society, it is also usually women who are influenced in their career advancement by more informal work.

In his study on work climate in the Max Planck Society, Striebing also shows for Germany that women with responsibility for minor children rate their work climate lower than men with children or women without children. In Striebing’s studies on work climate and bullying, women generally rate their work climate lower than men and experience bullying more often. 7 Moreover, according to Sheridan et al., it is the employees who deviate from the norm due to their sexual orientation, skin color or health impairments who seem to most frequently experience hostile and intimidating behavior in the academic workplace (see lesson 5).

Using the example of women researchers from the former Soviet Union working in Germany, Gewinner provides a comprehensive picture of the extent to which institutions shaped by the respective national majority society and the in-groups in academic organizations pose special challenges to individuals who deviate from the in-groups; for example, due to their gender, living circumstances, or nationality.

Since academia – shaped by its respective local in-groups – cannot necessarily provide equal opportunities for a diverse workforce, good academic leaders and research managers strive in a self-reflective manner to dismantle those structures and processes that can lead to implicit and indirect disadvantage for certain groups of employees. This means that strengthening disadvantaged groups through mentoring and networking programs as well as training can only be one part, but it is equally important to be attentive to structures and processes that can lead to disadvantage, and to dismantle them.

Lesson 2: Managers Are Not Neutral Regulators and Conflict Resolvers

Creating an inclusive work culture, designing and implementing anti-discrimination prevention programs, reducing discrimination, and intervening in cases of conflict in the workforce are especially the tasks of academic leaders and research managers. A number of the studies in the edited collection imply that this group of people is not itself a neutral entity and is itself part or non-part of organizational in- and out-groups, as well as one of the most important levers for successful diversity management.

The study by Kmec et al. supports the relevance of belief systems in the interpretation of illegal harassment behaviors. The authors found that individuals who hold more gender egalitarian beliefs (that women and men are equal) are more likely to recognize factually illegal acts of sexual harassment than individuals with traditional gender beliefs. Their study also points to the special importance of merit beliefs: people who believe that they live in a just society tend to regard sexual harassment as neither illegal nor inappropriate in cases that are (in everyday perception) ambiguous.

Striebing’s work climate and bullying studies show that a gender gap in the perception of the work climate and the experience of bullying narrows from the PhD level to group or institute leadership. The author interprets this observation as a filtering mechanism of the science system. His results suggest that the “successful” women and men who hold scientific leadership positions perceive and evaluate their work environment differently than early career researchers and – as a conjecture – may have limited empathy for problems of their employees due to this different perception.

Vandevelde-Rougale and Guerrero Morales’ case studies demonstrate the high complexity of bullying constellations. They argue that management ideology and practices force individuals who perceive themselves to be affected by bullying or discrimination into a formalized discourse. They highlight that what a person complains about and how they do so is not only essential for perceiving conflict dynamics but also for how managers and research management perceive and evaluate the person, and that it can influence the likelihood of success of a complaint:

[…] even in organizations where policies to guarantee dignity and respect have been adopted, showing one’s hurt to managers or human resources department is not sufficient so that steps would be taken to ensure a saner working atmosphere; it can even be detrimental to the person showing his/her vulnerability. (Vandevelde-Rougale and Guerrero Morales in this collection)

The two authors also highlight that it can be problematic to apply seemingly rational approaches (e.g., measures to reduce discrimination and strengthen reconcilability) to issues that primarily have an emotional impact on those involved. For example, a person’s perceived work-life balance is not only influenced by organizational factors such as the range of flexible working time models and workload, and not only by cognitive-psychological factors such as a person’s ability to cope with stress or the pace at which a person works, but also by situational aspects such as individual career prospects or the management style, or societal aspects such as traditional views on parenting or care. If the individual work–life balance is nevertheless not right in an organization with comprehensive reconciliation offerings, it is therefore not necessarily the individual who is “defective,” but rather the broader social context must also be taken into account.

The contributions of Kmec et al. and Vandevelde-Rougale and Guerrero Morales imply the strong importance of patience and reflexivity – or “attentive listening” – in academic leadership. Thus, on the one hand, leaders and research managers are required to reconcile the different interests and personalities of individual team members and – in cases of conflict – weigh the perspectives of all stakeholders, including both co-workers and organizational goals. In doing so, it is important that academic leaders and research managers not only obtain a comprehensive picture – i.e., take all perspectives into account – but they also need a detailed picture, and they should perceive employees in their entirety as the people they are, with their multiple overlaps of status, character or social background. In doing so, evaluating leaders and research managers must also be aware of the relativity of their own perspective: Why might I find one person in a conflict more sympathetic than another or be better able to understand their perspective?

The article by Kmec et al. also shows the importance of drawing clear boundaries for misconduct in the workplace and sensitizing management personnel to this. Only in this way can clear decisions be made – even in “gray areas” – concerning what is judged to be appropriate or inappropriate, and managers must be supported in setting an example of the conduct desired in the workplace. In this context, with reference to their case study at the University of Wisconsin–Madison, Sheridan et al. state that most academic leaders and supervisors had no knowledge of how to deal with misconduct in general. They recommend that universities should essentially develop a process and disciplinary measures for this.

Lesson 3: The System Can Tend to Individualize and Normalize Discrimination

Just because a problem is not visible, this does not mean it is not there: in their case study of a German university, Pantelmann and Wälty form a diagnosis that could certainly be extended to other types of organizations:

The university approach to the problem [of sexual violence] paints a picture of sexual harassment as an individual (women’s) problem for which individual solutions must be found. Acts of harassment and violence are normalized, minimized, and dismissed by patriarchal gender norms and power relations […] as well as by complex and uneven systems of loyalty and hierarchy […]. (Pantelmann and Wälty in this collection)

By the university approach, the authors mean the interplay of patriarchal institutions (see lesson 1), the self-image of a non-discriminatory, neutral and enlightened academy, combined with market-oriented organizational and management structures (e.g., performance evaluation, dependency and competition situations reinforced by fixed-term employment relationships, competition for external funding).

The authors note – similar to Vandevelde-Rougale and Guerrero Morales (see lesson 2) – that there seems to be a contradiction between the rational world of science and experiences of discrimination, harassment, and bullying that primarily take place on an emotional level. The latter are seen as remote from science and more societal in nature. On the part of research managers, this led to a failure to accept their (co-)responsibility for the campus as part of society and a good working atmosphere to the necessary extent, as well as combatting social misconduct and systemic discrimination, even if it remained below a threshold punishable by criminal or labor law.

From these considerations, it can be concluded that in most research organizations an institutional commitment to responsibility for a good research culture and combating discriminatory behavior and structures (as well as other forms of social misconduct) is an essential milestone. Often reviled as “paper tigers,” in this sense codes of conduct are important markers of the way forward and institutional self-assurances that can then have an indirect impact on an organization’s discrimination policies. However, due to the tendency to normalize, relativize, and downplay discrimination as described by Wälty and Pantelmann, one or the other skeptical leader must be convinced that the formulation of a formal institutional commitment against discrimination is desirable (but not sufficient per se ). In this regard, Sheridan et al. emphasize the added value of employee surveys, not least to counter skeptics of the need for anti-discrimination measures with data.

Lesson 4: How Identity Characteristics Shape Conflicts and Conflict Perceptions Is Difficult to Predict and Strongly Depends on Situational Circumstances (in Individual Cases)

In particular, the contribution of Vandevelde-Rougale and Guerrero Morales conveys how the multiple socio-demographic characteristics of individuals involved in conflict can shape conflicts and conflict dynamics. Identity categories such as gender, class, nation or race can be intertwined with different power positions. These identity-related power positions may be the starting point of conflicts, and they can be mobilized by participants in conflicts to place themselves in a stronger position (e.g., as part of the search for allies or to normatively underpin their own position), and they also shape the way in which third parties (such as leaders and research managers) perceive and interpret a conflict.

Accordingly, Sheridan et al. highlight that in practice they have found that individuals who receive and process complaints against social misconduct must be well trained in implicit/explicit bias and discrimination. Accordingly, there is a possibility that the view of persons making a report against social misconduct is biased. Thus, the reported person’s behaviors would sometimes be interpreted depending on their gender, sexual orientation, race, or other socio-demographic factors.

Striebing’s paper builds on this consideration and explores whether a person’s gender is related to whether that person perceives one or a series of negative experiences as bullying or sexual discrimination. In practice, it is possible for individuals who complain to a leader or other entity about misconduct or discrimination to be (implicitly) confronted with accusations of being too sensitive ( Hinze, 2004 ). A reference to the identity of the reporting individuals then functions as an easy legitimation for leaders and research managers to justify doing nothing or decide and act along their sympathies and (maybe biased) intuition.

Striebing concludes that the relationship between experience(s) of negative acts in the workplace and their assessment as bullying or sexual discrimination is indeed influenced by the gender of the person concerned. However, the pattern of this correlation – i.e. which specific negative acts are more often seen as “transgressive” by women or men – is so complex and weak in its entirety that a practical effect is questionable.

As a result of these considerations, leaders and research managers should be sensitized to perceive and deal with the identitarian dimension of workplace conflicts and reflect their own positioning appropriately. At the same time, leaders and research managers should be sensitized to be attentive and critical whenever a person’s credibility is placed in the context of his/her socio-demographic characteristics.

Lesson 5: Measures Aimed at Very General Groups of People Waste Financial and Personnel Resources

Often academic support programs target very open groups of people, such as “the women,” “the students with an immigrant background,” or “the working-class children.” However, this does not sufficiently take into account the fact that people have a variety of identities and balance them with each other.

The studies by Gewinner, Nguyen et al., Striebing and Sheridan et al. show that – for example – women are not fundamentally less able than men to compete academically and in the working environment, experience a qualitatively poorer working environment or misconduct more frequently. Moreover, women might perceive programs addressing women as discriminatory by themselves, since they subtly and unconsciously label them as less productive, thus manifesting the gender or national differences. Even women in a conservative male breadwinner partnership who take on the main responsibility of raising children in their partnership are not necessarily at a disadvantage if – for example – they are supported by their (in-)parents, as Nguyen et al. show. Therefore, it is necessary to pay attention to gender aspects in organizing the most suitable form of support programs such as training courses for female researchers. Striebing also shows for the German Max Planck Society that self-perceptions of bullying experiences are more frequent – for example – among male social scientists than among women in the STEM disciplines. In Sheridan et al., among the group of women, women of color and those with disabilities most frequently report experiences of hostile and intimidating behavior in the workplace, and in the group of men, gay men and those with disabilities.

Research management should apply an intersectional perspective 8 when analyzing the need for organizational support measures and conceptualizing these measures. Vulnerable target groups and their needs should be defined and analyzed as precisely as possible. For example, if a measure is to be developed to increase the proportion of women, it should be asked in as much detail as possible which women can benefit from the measure and under which circumstances, as well as which ones cannot. If a measure is to be developed to prevent, e.g., sexism or racism, it should be asked which groups of people are to be protected from which groups of people in particular.

Lesson 6: It Is a Long Way from Raising Awareness through Trainings to Factual Effects on the Incidence of Discrimination Experiences

Sheridan et al. show in their study that short-term effects of anti-discrimination measures such as training or information campaigns cannot be expected. Based on the authors’ data, it can be surmised that such measures can immediately and quite persistently increase sensitivity to discriminatory and inappropriate behavior in the workplace and knowledge about how to deal with it, but that there are pitfalls for a long-term effect on reported cases of social misconduct in the workplace (see also Chang et al., 2019 ). The authors conclude: “We have found supplemental education and resources are necessary to empower individuals to interrupt HIB [hostile and intimidating behavior] in their work environments” (Sheridan et al. in this collection).

It also seems conceivable that local efforts to promote diversity in academia may also be undermined by developments at the regional or national level. For example, Sheridan et al. emphasize a more adversarial political and social climate under Donald Trump’s presidency in the United States. They speculate that this overall climate change might provide a possible explanation for why counterintuitively LGBT individuals were the only ones among the groups of individuals studied to even report an increase in experiences of misconduct in the academic workplace during the study period.

Steuer-Dankert and Leicht-Scholten also highlight the challenges of a multi-level perspective in diversity management. In doing so, they adopt a holistic perspective by analyzing the framework conditions of the German science system and reflecting on the different influencing factors. They link this perspective to a systems theory approach, which highlights the complexity of key positions and emphasizes the need to develop measures that address the specific framework conditions of the respective organization. Using the example of a complex research organization with several management levels – i.e., the institute and network level or the chair and university management level as well as institute-specific cultures – Steuer-Dankert and Leicht-Scholten identify the general challenge in the fact that the diversity climate experienced by the research teams is ultimately a function of the diversity management of the different levels. The authors therefore point to the importance of a common diversity strategy that is co-formulated and supported by all levels of an organizational network and fits the needs of the respective organizational levels. Steuer-Dankert and Leicht-Scholten emphasize the potential of academic leaders as multipliers for establishing an open diversity belief and climate. In their case study of a large German research association, Steuer-Dankert and Leicht-Scholten found that the leadership style attributed to management and the leadership style that they aspired to themselves were closely linked. The authors see these effects of homosocial reproduction as an explanation for this ideational similarity between managers (managers hire and promote people if they feel connected to them due to perceived similarities) and the role model effect of top managers whose style is adopted in practice by team members. Linked to the examined perception of diversity, Steuer-Dankert and Leicht-Scholten also see a direct effect of leadership behavior in the diversity management context on the next generation of scientists. In order to counteract these effects in the long term, they recommend a stronger link between diversity management and the change management approach, which at the same time underpins the long-term nature of corresponding measures.

We Can only go Ahead

Within the framework of the texts published in this collection, not only the extent of discrimination in research organizations was measured and described, but often implicit or direct criticism of established structures was also voiced. The main object of criticism was the effects of “neoliberalization” of universities ( Block, Gray, and Holborow, 2012 ; Hodgins and McNamara 2021 ) and “bureaucratization” and “corporatization” of research administration ( Sørensen and Traweek, 2021 ), and in particular the role of academic leaders, research managers as well as representatives and officers for the concerns of the employees. The critique collected here highlights that restructuring the research system does not necessarily lead to a rationalization of personnel processes and career paths. Moreover, academic leaders and research managers are also by no means neutrally administering, measuring, evaluating, and deciding entities, but rather these are embedded in and emerged from the very research system to whose rationalization they are supposed to contribute.

Finally, it should be emphasized once again that we do not believe that the “old research system” – in which research organizations hardly conducted any performance evaluations, academic leaders had more discretion, and third-party funding was not awarded in open competition – could have integrated or managed diversity better. We welcome the increasing reduction of power imbalances in the scientific workforce and see major potential in the professionalization of diversity management and the handling of experiences of discrimination in research institutions, especially in the newly-created professional field of research managers ( WR, 2018 ).

The fact that we increasingly talk about and problematize diversity and discrimination in research organizations can also be seen as a positive sign. The idea of the “integration paradox” ( Mafaalani, 2018 ) highlights that equal treatment of social groups is only demanded when a group and society (or an organization) have become aware that the respective group is to be treated equally. In this sense, it remains to be hoped for the future that conflicts and disputes – as an indicator of an increased awareness for discrimination processes – around the diverse socio-demographic character of the scientific workforce will continue to increase in the future.

Funding Note

The present contribution is not related to externally funded research.

Potential guidelines concerning the assessment of diversity initiatives: J. Marquis, N. Lim, L. Scott, C. Harrell, and J. Kavanagh (2008) , [online] Rand.org. https://www.rand.org/content/dam/rand/pubs/occasional_papers/2007/RAND_OP206.pdf accessed 10 February 2022. Guidance on measuring socio-demographic characteristics: J. H. P. Hoffmeyer-Zlotnik and U. Warner, Measuring Ethnicity in Cross-National Comparative Survey Research; GESIS-Schriftenreihe Band 4 (Bonn: GESIS – Leibniz Institute for the Social Sciences, 2010); J. H. P. Hoffmeyer-Zlotnik and U. Warner, Measuring Occupation and Labour Status in Crossnational Comparative Surveys ; GESIS-Schriftenreihe Band 7 (Bonn: GESIS – Leibniz Institute for the Social Sciences, 2011). Guidance on measuring diversity and inclusion: K. April and E. Blass, Measuring Diversity Practice and Developing Inclusion (2010). https://www.researchgate.net/profile/Kurt-April/publication/228668437_Measuring_Diversity_Practice_and_Developing_Inclusion/links/0a85e534e003f59ba3000000/Measuring-Diversity-Practice-and-Developing-Inclusion.pdf , accessed 10 February 2022.; S. Thompson, “Defining and measuring ‘inclusion’ within an organization”, K4D Helpdesk Report (Brighton, UK: Institute of Development Studies, 2017).

At the same time, the units of analysis should not be chosen too finely. Data protection requirements are crucial here. The data collected and reported regularly must not allow drawing any personal conclusions, i.e., the identification of a respondent based on the data shared by him or her (which can quickly become the case, especially for research organizations with a three-digit or lower number of employees). Furthermore, when surveying the work climate, opinions and experiences of employees, valid results can only be expected if “shaming” is excluded. The results should not be used to compare individual teams or groups to identify high- or low-performers.

See for example the GEAM Tool: “The Gender Equality Audit and Monitoring (GEAM) tool is an integrated environment for carrying out survey-based gender equality audits in academic organizations or organizational units”, https://act-on-gender.eu/nes/gender-equality-audit-and-monitoring-geam-tool accessed 15 March 2022. For another example, see the Immunity to Change Tool, which helps people identify and subsequently alter “competing commitments” that conflict with change (e.g. a change in the gender composition of research spaces), https://www.gse.harvard.edu/hgse100/story/changing-better , accessed 16 March 2022.

Organizational interventions such as diversity measures or data collection in the context of such measures are naturally questioned by organizational members. Organizational members interpret such measures based on how they perceive their organization. These assessments can tend to be positive or negative, which is why proactive communication management in relation to diversity policies is important. For a detailed discussion of the causes and effects of diversity resistance, see Thomas (2020) .

Of course, visibility per se is insufficient and adverse effects can be observed where there is a discrepancy between managerial discourse (including against discrimination and/or workplace bullying) and organizational practice (see inter alia: Clasches, 2019; Bereni, 2020 ; Vandevelde-Rougale, 2016 ).

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Preventing White supremacy: an applied conceptualization for the helping professions

  • Perspective
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  • Published: 01 September 2024
  • Volume 2 , article number  52 , ( 2024 )

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anti discrimination case study

  • Loran Grishow-Schade   ORCID: orcid.org/0009-0003-6246-1195 1  

This perspective paper synthesizes insights from social work research, Critical Race Theory (CRT), and Critical Whiteness Studies (CWS) to develop a strategy for preventing White supremacy and promoting racial justice. It examines the intricate feelings of White guilt and shame, advocating for introspection, comprehension, and active engagement by White individuals toward systemic reform. The paper underscores CRT principles like Interest Convergence and Critique of Liberalism to examine concepts such as Moral Injury, Perpetration-Induced Traumatic Stress, and White Shame Culture. Three main obstacles to racial justice are identified: perceptions of power, funding dynamics, and attitudes toward White identity. The paper argues that racial healing should not be solely the responsibility of people of color, emphasizing the crucial role of White people in anti-racism work within supportive settings that foster growth rather than stress and humiliation. Focusing on prevention, the paper argues for social work practices that eliminate conditions obstructing optimal social functioning while challenging oppressive systems. This includes implementing trauma-informed approaches and fostering group work centered on empathy, relationship-building, and reflection. Advocating a strategy that champions our collective liberation, it suggests social work praxis as central to applying interpersonal and group solutions to systemic racism. The paper stresses the need for preventative funding in social services—highlighting tangible action steps and reforming funding strategies to support long-term engagement and address root causes of marginalization and oppression. This integral strategy calls for a collective push toward an equitable society, significantly enriching the discourse on CRT and CWS within social work.

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The foundations of Critical Whiteness Studies (CWS), an interdisciplinary field—were laid in the previous century through the works of eminent thinkers such as W.E.B. Du Bois [ 1 ], James Baldwin [ 2 ], Zora Neal Hurston [ 3 ], Gloria Anzaldúa [ 4 ], and Vine Deloria Jr. [ 5 ] among others. These authors challenged 'Whiteness' as an unseen status quo, emphasizing its recognition to dismantle racialized oppression. CWS, a product of Critical Race Theory (CRT), builds on the work of these influential thinkers and scrutinizes White culture and its role in perpetuating systems of White supremacy, emphasizing the need to explore the thoughts, feelings, and behaviors of White people [ 6 ].

Recent scholars have applied CWS principles specifically to social work. Scholars such as Nylund [ 7 ], Jeyasingham [ 8 ], and Hafen [ 9 ] have shown how entrenched White perspectives in social work hinder social justice. Their work advocates for deeper analysis of Whiteness and Whitenormativity, formal anti-racism education, and encourages White social workers to confront White supremacy culture. These studies highlight the importance of incorporating CWS into social work to combat systemic racism.

As social work strives to stay relevant and adaptive, by integrating CWS into our knowledge, skills, and abilities, as our sibling fields of psychology [ 10 ] and education [ 11 ] began more explicitly over a decade ago, we can advance our understanding of how to prevent White supremacy. This paper explores key barriers—how we think about power, funding, and attitudes toward race and racism among White practitioners—that hinder the adoption of CWS in North American social work.

The predominantly White (68.8%) and politically liberal (55%) social work field in the US presents a unique backdrop for exploring its racist history and White supremacy [ 12 , 13 , 14 , 15 ]. This demographic implies a majority of White liberals, grouped under the term “liberal” for this paper.

Social work has a long-standing history of racism, acknowledged and apologized for by the National Association of Social Workers (NASW) in a 2021 press release [ 16 ]. CRT shows racism is entrenched in societal structures and daily interactions, often unnoticed by those with privilege [ 17 ]. CRT redefines racism as systemic inequities, not just isolated acts of discrimination. CRT and the Racial Contract expose the historical roots of racism within societal norms, perpetuating systemic inequities [ 18 ]. CRT calls for deconstructing racial categories and confronting systemic injustices for significant change. Social work’s connection to White supremacy has been examined through CRT [ 19 , 20 , 21 ]. However, the reluctant adoption of CWS in social work raises questions, given the critical role of race and racism in the US. This situation suggests a deeper issue.

1 Positionality

In social work research, acknowledging our 'positionality'—our unique perspective shaped by personal experiences—is crucial [ 22 ]. This self-awareness helps us manage biases and understand how our backgrounds influence our research. Holding a license in social work and being a White, non-binary, queer, neurodivergent, HIV-positive millennial renting in a mid-Atlantic city while juggling three jobs and a marketplace insurance plan distinctly influences my approach to social work. As a White social worker, I use “we,” “us,” and “our” pronouns when discussing White social workers to avoid any real or perceived allusions to expertise, elitism, or an us-versus-them mentality.

In this paper, “Whiteness” is shorthand for White Culture. In the tradition of queer and feminist theories, which critiques the normalization of heterosexuality and cisgender identities through the study of heteronormativity and cisnormativity, I find “Whitenormativity” to be more precise, parallel, and streamlined to other social movements pointed toward our collective liberation from systems of oppression.

This paper speaks specifically to White practitioners, acknowledging our shared experience. In the context of the social construction of Whiteness, I find myself having this conversation with a diverse spectrum of people who have internalized this experience. This includes those who are biologically White and those who are culturally White—people who are often mis/read as biologically White. We are all part of this conversation, seeking healing and understanding. “White people” refers to individuals who are biologically or culturally White.

Lastly, I employ the term "collective liberation" instead of "anti-racism" as our end goal because it highlights that everyone's freedom is interconnected. "Collective liberation" addresses not just racism, but also other forms of oppression like sexism and classism. This term helps readers understand that dismantling White supremacy benefits the entire community, emphasizing solidarity and the well-being of all.

3 The (myth of a) White monolith

CWS critiques and examines the dynamics of race, Whiteness, and Whitenormativity [ 23 ]. These concepts can be large and opaque, so let us start by remembering that race and Whiteness do not exist in a social vacuum. Our relationships with gender, class, ability, sexuality, religion, immigration status, and age impact our relationship to race. As Lorde said, “There is no such thing as a single-issue struggle because we do not live single-issue lives” [ 24 ].

Generalizations about White people fail to honor the diverse White experience. We must consider the spectrum of identities that exist simultaneously to being raced: we are gendered, aged, classed, sexed, abled, and our ethnicities determined. Our social positioning may simultaneously grant us social privileges and disadvantages. A single father on welfare in Elko, Nevada, who is White, has a different—better and worse—social experience than a mother with an au pair in Baldwin Hills, California, who is Black. Socially, we have a range of experiences within races. Being White is no different.

For example, within the White community, there is significant diversity in terms of ethnicity and experiences. Recognizing this diversity is crucial for a nuanced discussion on race and Whiteness. Nearly two-thirds of Romani Americans report feeling discriminated against due to their heritage, with close to 80% agreeing that Americans treat Roma people differently from other minority groups [ 25 ]. Similarly, Jewish people face ongoing challenges, particularly due to the current conflict in Palestine, impacting perceptions and experiences of discrimination globally [ 26 ]. These examples underscore the importance of recognizing the diverse and intersectional experiences within the White community, emphasizing the need for a nuanced discussion on race and Whiteness in social work.

Now we have a shared language and context; let’s dive in.

4 Critical Race Theory

Critical Race Theory (CRT) emerged from students of color at Ivy League institutions in the 1970s and '80s [ 27 ]. It aimed to challenge entrenched White supremacist narratives in academia and the legal field. Delgado and Stefancic identified its core principles: Interest Convergence, Revisionist History, Critiquing Liberalism, and Structural Determinism [ 28 ].

4.1 Core principles of CRT

Interest Convergence : Civil rights gains for communities of color often align with White self-interest. This challenges the idea that progress is purely driven by altruism.

Revisionist History : CRT reexamines America’s history, challenging majoritarian views and presenting marginalized perspectives.

Critique of Liberalism : Critical race theorists argue that liberal concepts like color blindness and neutral constitutional principles fail to address systemic racial issues.

Structural Determinism : The idea that the societal structure and its inherent vocabulary are fundamentally ill-equipped to redress certain systemic wrongs.

This paper will focus on the principles of Interest Convergence and Critique of Liberalism. Future research should explore White social workers' relationship with Revisionist History and Structural Determinism.

4.2 Focus on interest convergence

Introduced by Derrick Bell in 1980, Interest Convergence examines power dynamics and the limitations of zero-sum thinking in racial equity and justice [ 29 ]. There are many examples, and history is more complex than a summary can capture:

During the Civil War, President Abraham Lincoln issued the Emancipation Proclamation, which freed enslaved people in the Confederacy. This act was not only driven by moral considerations but also by the Union's strategic interests in undermining the Confederate war effort and bolstering its own military forces [ 29 ].

The US Civil Rights Act of 1964 was influenced by the emotional impact of President Kennedy's assassination, generating sympathy among White Americans and a shared interest in honoring his legacy by ending discrimination [ 30 ].

In Canada, establishing the Royal Commission on Aboriginal Peoples (RCAP) following the Oka Crisis in 1990 demonstrates Interest Convergence [ 31 ]. The federal government's interests in political stability and maintaining its international human rights image aligned with and benefited from Indigenous demands for recognition and justice.

Understanding how White interests intersect with those of minoritized racial groups is key to advancing collective liberation. This shared liberation comes from meeting the interests of White people with Indigenous, Black, Latin@, and Asian populations. We must do both; we cannot do either/or. We must not de-center but co-center. This argument relies on resolving contradictions like de-centering White people in CRT and how our approaches can create reinforce White supremacy [ 32 ]. This leads us to examine the ideologies guiding our understanding of racial dynamics and their impact on professional practices.

4.3 Zero-Sum ideologies and its implications

In understanding equality and justice, we encounter the zero-sum paradigm of social progress. In economic or game theory, a zero-sum scenario is where one participant's gain or loss is balanced by the other's. Both groups cannot win. Both participants cannot lose: a competition. In discussions on racism and equality, a zero-sum viewpoint implies that advancements for marginalized groups result in losses for the dominant group. For example, opportunities for people of color through affirmative action or fair hiring practices are seen as reducing opportunities for White individuals. With limited resources or one job posting, there can be only one “winner,” making everyone else a “loser.”

In social work, zero-sum thinking is often applied to power. Abrams defines power as the ability to acquire what one needs and persuade others to help; essentially, it revolves around winning [ 33 ]. Discussions on power frequently suggest that it must be "taken" [ 34 ] or taken "away from" [ 35 ] dominant populations (re: White, straight, able, men)—and redistributed [ 36 ]—implying that non-dominant populations (re: people of color, queer, disabled, women and gender nonconforming, nonbinary, and trans people) cannot persuade others to assist them in securing what they need. This binary model fosters a harmful either/or mindset: one either has power or does not.

Seeing power as socially constructed allows us to view it as expandable and shareable. Community organizing and coalition-building can create new, collaborative forms of power, promoting social justice for all. Interest Convergence shows that aligning the interests of dominant and marginalized groups can expand and equitably distribute power. This framework challenges zero-sum thinking by showing that progress for marginalized groups does not come at the expense of dominant groups.

Because of the perils of the illusory truth effect—where we begin to believe false information is correct merely because it is repeated—we can start to construct a reality of power that portrays social justice as a competition. This method maintains social inequity by competing for power, bypassing the need for collaboration or communal power [ 33 , 37 ]. We neglect the tools and trainings—power mapping, community organizing, strategic alliances and partnerships, social media campaigns, narrative and framing techniques, crowdfunding and resource mobilization, volunteer networks, digital advocacy, grassroots lobbying, and coalition building—that instruct us on how to achieve this, which demonstrate the evidence and legacy of how to build power out of nothing [ 38 , 39 , 40 ]. We forfeit power by adopting a scarcity mindset, overlooking our social work education.

4.5 Zero-sum implications

For example, many White liberal social workers adhere to biological essentialism, which asserts that racial identities dictate behaviors and capabilities [ 41 ]. This philosophy suggests White individuals are inherently racist and are therefore intrinsically incapable of addressing race and racism. This makes change or justice seem unattainable [ 42 , 43 , 44 ]. White people will always win: zero-sum. Such a stance not only simplifies complex racial dynamics but also ignores the diversity within White communities. Casting racial dynamics as a rigid power battle, where White people monopolize authority, cultivates zero-sum ideologies. This view ignores Interest Convergence and sees power as a limited resource to be reallocated, rather than a socially constructed concept that can be expanded and equitably distributed.

4.6 Misconceptions

Table 1 catalogs how zero-sum thinking and distorted views of power have created a wide array of biases, assumptions, and misconceptions within anti-racism work. It shows us how far we have strayed from recognizing the power of Interest Convergence to creating social change.

The Table begins with the prevalent assumption (#1) that all White individuals are inherently racist or uniformly benefit from racial privilege. This view ignores individual complexities like socioeconomic status, education, and personal values. Additionally, it challenges the way of thinking (#2) that White people cannot comprehend or tackle racism by ourselves, highlighting the significance of both individual efforts and collective action in addressing racism. The table also draws attention to the diversity within White communities, revealing a wide spectrum of (#4) awareness and engagement with racial issues. It demonstrates that White individuals can make significant contributions to collective liberation efforts (#5), countering the myth of our ineffectiveness or non-involvement. By questioning the assumption that White people are excluded from responsibility (#3) and the one-directional impact of racism (#7), Table  1 advocates for the possibility of change and fluid power dynamics inherent in CRT’s social construction thesis [ 27 ].

Table 1 examines misconceptions about White individuals and clarifies how these perceptions impact social workers' actions and inactions. By adhering to the flawed zero-sum paradigm, we overly focus on interventions, often neglecting a holistic approach to prevent White supremacy.

4.7 Reverse racism

For many White people, zero-sum thinking aligns with 'reverse racism'—power being taken from and redistributed from White people [ 42 , 43 , 56 , 57 ]. Many scholars in the helping professions maintain that reverse racism does not—and cannot—exist. This stance is supported by key arguments: (1) reverse racism misunderstands discrimination and racism, (2) ignores historical context and power dynamics, (3) misinterprets discrimination dynamics, (4) denies racial privileges, (5) misunderstands affirmative action, and (6) neglects evidence of White advantages. [ 58 , 59 ].

However, a 2017 report revealed that 55% of White respondents believed that racism against White people exists [ 60 ]. In 2020, data from FiveThirtyEight showed that 73% of Republicans, 38% of independents, and 22% of Democrats shared this belief [ 61 ]. Public figures like Elon Musk and Scott Adams have propagated these narratives, indicating growing acceptance of reverse racism among White individuals [ 62 ]. This data shows an interest by White people to acknowledge racism against White people in contemporary American culture despite the key arguments that maintain it cannot exist.

While some White people fear that systemic racism against White people is emerging as we become a racial minority, it is important to focus on creating equitable systems that prevent any form of systemic oppression. This demographic shift is part of the natural progression of society in the US and is projected to occur within the next two decades. However, this change will not happen suddenly; we are already in the transitional phase. White nationalist groups have weaponized this notion and propagated The Great Replacement Theory, suggesting that White individuals in the US are experiencing systematic displacement and eradication [ 63 ]. This conspiracy has been cited in the manifestos of mass shootings at the Christchurch Mosque in New Zealand and Walmart in El Paso, Texas, in 2019; the Squirrel Hill synagogue shooting in Pittsburgh, Pennsylvania, in 2018; and the Tops Supermarket shooting in Buffalo, New York, in 2022 [ 64 ].

Even if textbook definitions do not support the existence of reverse racism, many White people believe it exists. Ignoring this belief can have deadly consequences, as evidenced by these violent acts. We must also recognize our unintentional role in fostering dangerous narratives due to a disconnect between our theory and practice concerning White people. For instance, children born between 2008 and 2016, who grew up during Barack Obama's presidency, will experience Donald Trump as their first president who is White. This shift in experience underscores the evolving nature of our language, demographics, societal experiences, and the importance of updating our social definitions accordingly. As social workers, it is imperative that our practices reflect these changes to effectively serve our communities.

4.8 The intervention vs. prevention binary

A second oversight in social work's fight against White supremacy is the false dichotomy between intervention and prevention. Effectively addressing systemic racism in social work requires a nuanced understanding of intervention and prevention strategies. Balancing intervention—challenging oppressive systems [ 65 , 66 ]—with prevention—eliminating conditions that obstruct optimal social functioning [ 67 , 68 , 69 ]—is essential. CRT’s principle of Interest Convergence can guide this balance by identifying common interests supporting immediate interventions and long-term preventive measures. We must see these approaches as complementary, with a focus on preventive measures. Like addressing a flood, we need to aid survivors and construct a dam to stop future occurrences.

However, efforts to shift social work culture toward prevention often go unheeded [ 70 ]. If we understand White supremacy as a problem White people have created, then preventing White supremacy means working with White people. As reported by Guidestar, the database of registered nonprofits in the US, the majority of organizations working within community and economic development, education, human rights, and human services are explicitly working with Black (29%), Latin@ (20.6%), Native (16.1%), Multi-Racial (15.4%), and Asian (11.2%) populations [ 71 ]. While these organizations play a crucial role in supporting marginalized communities, the limited focus of nonprofits working explicitly with White people—only 3.7%—highlights a significant gap. Without addressing the population that perpetuates White supremacy, it can feel unpreventable, leading to misconceptions about its inevitability.

Effectively combating White supremacy in social work requires a balanced approach that integrates both intervention and prevention strategies. Viewing these methods as complementary enables us to address immediate harms while eliminating the conditions that allow systemic racism to persist. While prioritizing preventive measures is essential, we must also recognize the necessity of immediate interventions to challenge oppressive systems and support those affected. Currently, many efforts overlook the principle of Interest Convergence, focusing more on harm reduction than on reducing harm itself. By aligning our strategies, we can more properly attune our praxis.

4.9 Example: “de-centering Whiteness”

The phrase and practice of “de-centering Whiteness” has become common in the US [ 32 , 72 , 73 , 74 , 75 ]. De-centering is generally known as the process of moving away from treating White cultural norms, values, and perspectives as the default or standard in our literature, classrooms, and staff meetings throughout the helping professions. However, based on the misconceptions we hold around race and racism (see Table  1 ) White people might feel hesitant to engage in spaces focused on decentering Whiteness due to fears of being labeled or judged, self-doubt about our understanding of racism, and feelings of exclusion from responsibility. Additionally, we may perceive that our contributions are undervalued or that their unique perspectives and experiences are not considered relevant. “De-centering” then becomes internalized as code for shutting down or tuning out White people. People of color are centered; White people are de-centered: zero-sum. There is no talk of co-centering. Often, it’s these spaces that profess to support CRT who are suddenly fumbling one of its core principles (re: Interest Convergence). Ironically, by getting White people to stop talking about Whiteness the interests of Republicans and conservative movements to stifle race-related conversations are inadvertently supported in liberal spaces [ 76 , 77 , 78 ].

Centering leadership from marginalized groups while holding White individuals accountable for most of the work can be seen as an attempt to manufacture Interest Convergence. This well-intentioned strategy risks reducing White individuals' agency to mere compliance rather than active participation, leading to superficial engagement that lacks genuine understanding and long-term commitment to racial justice. Moreover, this approach can inadvertently reinforce zero-sum thinking by implying that the empowerment of people of color necessitates the disempowerment of White individuals. Instead, a more effective strategy would involve co-creating spaces where White people and people of color can lead and collaborate, recognizing the unique contributions and responsibilities of each group. This balanced approach aligns with the principles of Interest Convergence by ensuring that the interests of all parties are considered and integrated into the collective effort to dismantle systemic racism.

Over the past decade, many North American classrooms, conferences, and social service providers have shifted toward 'De-Centering Whiteness.' While the goal is to de-center Whitenormativity, current literature suggests removing White people from these conversations [ 32 ]. Literature shows that when White people enter race and racism conversations, we often feel poorly informed, miseducated, or uneasy. Our involvement decreases, and we anticipate that Indigenous, Latin@, Black, and Asian people will fill the silence, teach, and lead [ 48 , 72 , 74 ]. This often places an undue burden on people of color to lead and educate. This dynamic creates an escape for White people from engaging meaningfully in intergroup dialogues [ 75 ].

In social work, misinterpreting 'de-centering' Whiteness fosters a belief in zero-sum equity—that making space for marginalized groups means taking space from White individuals [ 56 ]. A recent journal example illustrates this by advocating for inclusivity while suggesting the education system 'de-emphasize' Whiteness, reflecting a counterproductive shift toward zero-sum thinking. What is more: White people do not have to internally stop ourselves from showing up, because other well-intentioned White people are already telling us to sit down and not speak.

The flawed approach that elevating marginalized voices requires silencing White voices reinforces the erroneous belief that White perspectives on racism are fixed, ignoring the fluid nature of racial interactions. This, coupled with increasing societal segregation, raises vital questions about our collective liberation and the importance of mutual accountability among all racial demographics [ 79 , 80 ].

Interest Convergence suggests that efforts to prevent White supremacist structures—like de-centering Whiteness or avoiding race discussions—hinder collective progress. Instead of removing White voices from the conversation, Interest Convergence advocates for a balanced approach where the interests of both White individuals and marginalized groups are aligned. Involving White people in race-based initiatives can bridge understanding and foster collective action toward systemic change. Overlooking the role of White individuals in addressing systemic racism by failing to acknowledge the impact of race only serves to preserve the structures we are seeking to change.

This oversight underscores the need for careful integration of CWS and CRT within social work.

Implementing Interest Convergence in social work invites us to collaboratively confront and address systemic racism. This collaboration is central to both CRT and effective social work practice, challenging us to move beyond binary perspectives of intervention and prevention toward true inclusivity and accountability.

5 Critical Whiteness Studies

Critical Whiteness Studies (CWS) explores Whiteness as a social construct and its implications across cultural, historical, and institutional contexts [ 6 , 81 ]. Scholars from various disciplines contribute to CWS by examining the origins, manifestations, and privileges of White people. It is crucial to examine Whiteness itself, rather than taking it for granted. This involves questioning how Whiteness is constructed, maintained, and contested, and understanding its role in systemic racism. CWS's mission is evident in its engagement with CRT, aiming to prevent oppressive systems and encourage ethical practices that address race and power complexities. By understanding how Whiteness operates within social work and other fields, we can identify and address the unique stresses, such as Perpetration-Induced Traumatic Stress (PITS) and moral injury, thereby facilitating more authentic engagement for our collective liberation.

5.1 Liberalism and CWS

Since 68.8% of social workers in the US are White and operate within Western Liberalism's political and moral framework, this paper uses Critical Race Theory's Critique of Liberalism along with CWS [ 28 ]. The Critique of Liberalism argues that the ideas of individualism, equality, and freedom in classical liberalism can hide systemic racial injustices [ 82 ]. For decades, the anti-racism movement has relied on the narrative that education is the answer to injustice: if we know better, we do better. However, recent data shows that support for Black Lives Matter has declined, and many believe race relations have not improved [ 83 ]. Addressing these issues through CWS is essential for social work. It underscores the need for something deeper with concrete actions to prevent systemic injustices, moving beyond mere education and awareness.

5.2 Mental health needs of White liberals

When White people realize that our beliefs in liberalism clash with systemic racial injustices, we have a spectrum of emotional responses, including cognitive dissonance, guilt, shame, emotional exhaustion, and identity crises. In 2020, at the height of the dual pandemics of COVID-19 and systemic racism, only 11.2% of White people received counseling or therapy at least once from a mental health professional [ 84 ]. This suggests that seeking mental health support was not a widespread response—or financially viable—among White people, even amidst a global health crisis and civil unrest. Stigmas around mental health are still quite high [ 85 ], which may contribute to this low percentage. Therefore, when White people do seek mental health support, it is crucial to use skilled interventions to address these emotional responses and prevent these responses from reinforcing White supremacy.

This paper advocates addressing the mental health needs of White liberals as a strategy to prevent the perpetuation of White supremacy. This argument is supported by the works of Baldwin [ 2 ], Morrison [ 86 ], and Menakem [ 87 ], who highlight racism as a manifestation of White people’s troubled relationship with mental health. Central to this discussion is exploring guilt and shame among White social work students, a common thread in recent studies [ 88 , 89 , 90 ]. By addressing these mental health challenges, we can better equip White people to engage in collective liberation work without being hindered by emotional barriers, ultimately contributing to the prevention of systemic racism.

5.3 Guilt and shame

Guilt and shame, while related, influence self-concept and self-esteem differently. Guilt is transient, triggered by wrongdoing (re: 'I did something bad'), offering a pathway to rectification [ 91 , 92 ]. Shame, however, is more enduring, entailing a deeper internalization of fault (re: 'I am bad'), which can significantly hinder personal and professional growth. As White people become more aware of racial privilege and systemic racism, we often experience these emotions. Understanding these emotions through lived experiences is essential for navigating discussions on race and racism. However, color-blind and post-racial approaches can exacerbate or dismiss these feelings, denying the need for systemic reform. Therefore, developing a positive White racial identity requires acknowledging the emotional landscape of being White [ 93 , 94 , 95 , 96 ], particularly in the dynamics between guilt and shame.

5.4 White guilt

White guilt, emerging from the 1960s liberation movements, has evolved, resulting in diverse viewpoints on preventing racism today [ 50 , 97 ]. White guilt is the remorse some White people feel when we recognize racial injustices and how our race protects us from these injustices. Research around trust and self-worth offers valuable insight into White guilt. While cultivating a robust moral compass is beneficial [ 98 , 99 ]—particularly for middle-class White people—feelings of White guilt can hinder our ability to trust ourselves and have positive self-worth. This highlights the importance of addressing White guilt for societal progress and individual well-being [ 100 , 101 ].

Moreover, this overwhelming sense of guilt can lead White individuals to believe that we are incapable of leading or co-leading anti-racism work. Current social justice narratives suggest that White individuals cannot prevent White supremacy without the leadership of people of color [ 102 , 103 , 104 ]. This perspective emphasizes the importance of centering the experiences and leadership of people of color in anti-racism initiatives. However, it is sometimes misinterpreted as suggesting that only people of color should lead these efforts [ 49 , 105 ] (See Table  1 , misconceptions 8 through 10). Such misinterpretations can lead to the simplistic belief that White people are always guilty of wanting to maintain White supremacy, which makes it hard to believe we can fight against it effectively.

High-profile incidents like the deaths of Trayvon Martin, Michael Brown, and Breonna Taylor have ignited a racial awakening among many White people, with the Black Lives Matter movement keeping this dialogue at the forefront [ 106 , 107 , 108 ]. The enduring presence of the Black Lives Matter movement, highlighting police brutality, has made it difficult for many White people to ignore these issues. From 2016 to 2019, the Pew Research Center observed a 50% increase in White people recognizing racial discrimination [ 109 ]. By the decade’s end, a majority of White Americans (55%) acknowledged that racial discrimination was occurring in the US. The escalation of conversations surrounding race, racism, Whitenormativity, and White supremacy across various platforms, including the Super Bowl Halftime Show [ 110 ], housekeeping magazines aimed at suburban mothers [ 111 ], and children's networks like Nickelodeon, which aired an eight-minute and forty-six-second tribute to George Floyd [ 112 ], has brought racism, from interpersonal to systemic, into the limelight of national discourse.

This widespread exposure to discussions of racism has influenced White American culture and profoundly affected our collective consciousness. Against this backdrop, White Americans' understanding of our role in a racially structured society has begun to unravel. This confrontation with explicit racism and the realization of complicity in systemic injustice has led to what some describe as “moral injury” among White liberals, affecting deeply held moral values and beliefs.

5.5 Moral injury and perpetration-induced traumatic stress

Moral injury, initially associated with traumatic experiences like warfare, has found increasing relevance in racial discourse [ 48 , 113 , 114 ]. It arises when individuals experience, witness, or fail to prevent actions that contradict their moral beliefs and expectations. This contradiction leads to profound psychological distress, characterized by guilt, shame, disgust, anger, struggles with self-forgiveness, and changes in behavior, relationships, and spirituality. It may also include feelings of betrayal by leaders or peers [ 115 , 116 ]. This construct can emerge as White people confront our involvement in a racist system, particularly when viewed through the Critique of Liberalism [ 42 , 45 , 49 ]. Depending on the perceived severity of the racist act, moral injury often manifests as feelings associated with White guilt [ 113 , 114 ]. Prolonged engagement with guilt-like thoughts can exacerbate stress, potentially leading to a state of emotional paralysis; being stuck.

Research on perpetration-induced traumatic stress (PITS), initially applied to combat veterans and executioners [ 117 , 118 ], now extends to White populations grappling with this emotional paralysis or "stuckness" [ 48 , 113 ]. At the heart of PITS is the struggle to transcend the discomfort of moral injury, marked by continuous distressing memories and psychological distress [ 119 ]. This traumatic stress is characterized by persistent avoidance of trauma-associated stimuli and negative changes in cognition and mood. PITS takes the concept of moral injury one step further by internalizing the conflict—transitioning from "I have done something bad" to "I am bad," which reflects the shift from guilt to shame.

Given the recent emergence of PITS, moral injury, White shame, and White guilt in both academic and public discourse [ 48 , 90 , 120 ], it is important to clarify that these terms are often used interchangeably. However, moral injury is more closely related to White guilt, while PITS is more aligned with White shame. Each term represents a deeper psychological impact, compounding the initial trauma with self-condemnation.

5.6 Emotional impact of White shame and guilt on anti-racist efforts

Two recent studies have examined the issue of White shame's impact on our collective liberation from White supremacy, yielding insightful findings. The first study, conducted in 2019 by Grzanka, Frantell, and Fassinger [ 120 ], explore the relationship between emotions and attitudes toward racism among White people. It found that White shame was weakly and negatively correlated with racist attitudes, suggesting that higher levels of such shame do not inherently lead to reduced racist views. In contrast, White guilt was strongly associated with rejecting racist attitudes, indicating that guilt might be a more effective motivator for White individuals to adopt anti-racist perspectives. The study suggests that emotional responses to racism, particularly guilt, can be leveraged in educational and social initiatives to encourage deeper anti-racist commitments. This insight suggests focusing on guilt rather than inducing shame to interrupt and interrogate racist attitudes within White communities.

The second study by Brock-Petroshius, Garcia-Perez, Gross, and Abrams found that shame was significantly linked with fewer anti-racist behaviors than colorblind attitudes [ 90 ]. This finding suggests that White shame acts as a considerable obstacle to engaging in anti-racist actions. Although the research team did not identify a significant relationship between guilt and anti-racist behaviors, they acknowledged the existence of a positive relationship. This underlines the need for interventions to help White MSW students manage feelings of shame or guilt from reduced colorblind attitudes and highlights the importance of reducing White shame and promoting anti-racist actions. Shame can inhibit anti-racist activities despite a deeper understanding of racism and a solid intent to engage in anti-racist actions. Interestingly, more respondents said they felt higher levels of shame compared to empathy or guilt, even though the average score for shame was similar to that of guilt. The self-perception of shame among respondents is notably higher than that of empathy or guilt. This discrepancy highlights the personal impact and potentially more profound experience of shame, suggesting it may significantly influence behaviors or attitudes.

These studies suggest that while White guilt might motivate anti-racist perspectives, without careful management, White guilt could potentially lead to White shame, which does not inherently reduce racist views [ 90 , 120 ]. These findings highlight the need for interventions to guide White individuals through guilt-related experiences and away from the paralyzing effects of shame, enabling meaningful actions towards our collective liberation.

5.7 White Shame Culture

White Shame Culture, a feature of contemporary White liberalism, arises from the acknowledgment of racial privilege and the perpetuation of White supremacy. It is characterized by pervasive feelings of shame related to racial identity, fueled by social justice discourses that often frame racial equity as a zero-sum competition. This culture is marked by a lack of positive White racial identity formation and resistance to transformative practices aimed at achieving collective liberation. White Shame Culture is rampant with untreated moral injury and Perpetration-Induced Traumatic Stress (PITS), often disguised as the "Good White Person" complex [ 44 ], where individuals strive to be seen as morally superior without addressing underlying issues. Understanding White Shame Culture involves examining its systemic manifestations, which extend beyond individual anxieties to influence group norms, values, and traditions. Addressing this culture requires proactive racial justice measures and educational initiatives that transform shame into constructive action, fostering a positive and equitable racial identity.

For example, the term "Karen" exemplifies societal entitlements and racial insensitivity [ 121 ], causing anxiety among White women about public shaming and social ostracization [ 122 , 123 , 124 ]. While some women do exhibit 'Karen' behaviors (re: entitled, often territorial policing, racially insensitive), the misappropriation of the term outside of these behaviors helps to perpetuate White Shame Culture, making it difficult for White women to build a positive identity around their Whiteness. CRT and CWS stress introspection and fostering positive White identities as key steps toward equity [ 27 , 81 , 87 ].

Furthermore, social justice literature advises White individuals to brace for potential isolation from other White people and possible rejection from communities of color, contributing to heightened internalized guilt among White liberals [ 42 , 125 , 126 , 127 ]. Public shaming and social ostracization, intertwined with the fear of isolation, underscore pervasive anxiety among White individuals as we confront our racial identities, transforming personal guilt into communal and internal shame.

To mitigate this shame, some White individuals downplay or conceal our racial identity, adopt cultural markers of other groups, sidestep discussions on White-specific topics, or use pseudonyms and avatars online [ 128 , 129 ]. This effect, distinct from cultural appropriation, often results in White individuals tokenizing academics and artists of color, frequently out of context, as a performative act of anti-racism [ 130 ]. This can also look like White people having a pronounced lack of patience and empathy for other White people or claiming expertise on the experiences of people of color. These behaviors, a form of credentialing to be received as a “Good White Person” [ 131 ], mirror the chameleon effect, critiqued by CRT and CWS as performative, indicating a need for authentic engagement with racial matters beyond superficial actions.

Paradoxically, these external stressors, expectations of rejection, internalized stigma, and identity concealment align with Minority Stress Theory (MST), initially designed to understand stressors faced by marginalized groups [ 132 ]. Increasingly prevalent among White liberals, these characteristics underscore the emergence of MST-like experiences, signaling a need for understanding and supportive mental-health measures for White people struggling with PITS.

Exploring these emotional dynamics and behavioral patterns through CRT and CWS unveils the intricate web of White guilt and shame and emphasizes moving beyond performative gestures toward our collective liberation. This deep-seated anxiety, shared across the political spectrum, highlights the reach of White supremacy and shame—and the need to transform the norms, values, and traditions that maintain it within liberal settings. Addressing the psychological impact of these dynamics is paramount in preventing White supremacy and fostering environments conducive to introspection and meaningful action.

While anti-racism work has traditionally focused on the implications of White supremacy for populations of color [ 133 , 134 , 135 ], it is equally critical to address the escalating racialized anxiety within White populations. As Charles notes, "White America could not perpetrate five hundred years of dehumanizing injustice without traumatizing itself” [ 113 ]. By integrating insights from the Critique of Liberalism, CWS, moral injury, and PITS, we achieve a nuanced understanding of White Shame Culture and its ramifications, advocating for informed dialogues and collective efforts toward racial equity and the work necessary to prevent White supremacy at individual and systemic levels.

6 Applications for social work

The application of CWS and CRT in social work is crucial to effectively address systemic racism. Group work is a pivotal strategy in this endeavor [ 136 ], highlighting the importance of interpersonal relationships and individual commitments in shaping and transforming the systems and institutions we navigate. Reflective and transformative approaches, which involve continuous self-assessment and adaptation in practice, are essential in social work education and practice. These approaches enable the identification and correction of ingrained prejudices, fostering genuine understanding and collective liberation.

White social work practitioners face unique challenges, including negative emotions and mistrust towards our coworkers, which can hinder collaborative efforts. Addressing anti-White bias, alongside other forms of bias, and promoting empathy are vital steps in cultivating an inclusive environment where all individuals can contribute meaningfully to the fight against White supremacy. By integrating these insights and acknowledging the diverse perspectives within the field, social workers can play an instrumental role in leading our collective liberation.

6.1 Group work

A significant tool to prevent White supremacy lies in our ability to work with groups. Intergroup dialogue, as outlined by Bohm [ 137 ], is an exceptionally well-crafted tool to meet this moment. Bohm explains that dialogue involves participants openly sharing their thoughts and experiences, which helps everyone gain a clearer understanding and work together more effectively. Dialogue is not merely a conversation where we wait for our turn to speak; it requires us to actively listen and truly understand the other person's perspective before considering how our own views align or differ. In a dialogue, there is no attempt to win. The zero-sum mindset is avoided. Instead, everybody wins if anybody wins. This collective spirit is vital for genuine collaboration and preventing systemic issues like White supremacy.

Combating White supremacy relies on group work that improves interpersonal relationships and acknowledges individual contributions. As Toseland and Rivas find [ 136 ], group work nurtures the socio-emotional needs of individuals and the group. Since group work is mandated by the Council on Social Work Education [ 138 ], we must hold ourselves accountable for not fully utilizing this powerful tool effectively in the fight against White supremacy. By critically examining and reflecting on our group work practices, we can identify and correct ingrained prejudices, fostering genuine understanding and actions toward our collective liberation.

While some perspectives in social work focus on racism as a macro-level problem inherent in systemic and institutional discrimination, it is crucial to consider the influence of individual and collective values and morals in shaping these systems and institutions. We must stop thinking of systems and institutions as amorphous, wandering behemoths. Policies and laws are simply the morals and values of a group of people.

Interpersonal relationships and individual commitments are crucial for group work in preventing White supremacy. However, some White social work practitioners may harbor negative emotions toward our White counterparts, including frustration and mistrust, as observed in certain contexts. These feelings are often borne out in classrooms [ 139 ], professional forums [ 140 ], and social media comment sections of many social work organizations. Many social workers recognize that historical contributions by White individuals have played a significant role in shaping contemporary societal issues. Contributions to oppressive ideologies in the sixteenth and seventeenth centuries can still shape contemporary dynamics, fueling mistrust toward White colleagues, especially White, straight, cisgender men [ 121 , 141 , 142 ].

6.2 Addressing anti-White bias

Despite social work’s efforts to address racism and White supremacy over the past fifty years [ 143 , 144 , 145 ], some White people feel devalued and discriminated against in social work curricula [ 88 , 146 ]. As of 2017, White students are now underrepresented in higher education, with significant decreases in Ivy League schools, the University of California system, and a 31.49% decrease of enrollment at major institutions since 1980 [ 147 ]. Within classrooms, many White students argue that coursework overlooks anti-White bias and induces guilt or discomfort about our racial identity [ 88 ]. Cases like the Ontario school principal who took his own life after being accused of White supremacist behavior during a training session—led by a social worker—for public educators highlight the emotional toll such discussions can take, notably when adequate support is lacking [ 148 , 149 ]. These practices highlight how disconnected social work has become from our best practices for social change and adherence to the NASW Code of Ethics in our anti-racism work [ 150 ].

Many articles, publications, and media on White supremacy for White audiences emphasize White privilege. While this is an important aspect, it creates a single-story narrative of Whiteness. Very little is said about the ways White people are negatively impacted—directly and indirectly—by White supremacy. However, the work of scholars like Todd Jealous and Haskell [ 47 ], Brock-Petroshius [ 90 ], Grzanka [ 120 ], Lensmire [ 52 ], Spanierman [ 151 ], Burnett [ 50 ], Charles [ 113 ], and Grishow-Schade [ 114 ], and the insights from the Spillway [ 48 ], highlight the importance of our collective role in understanding this issue. These authors reveal the paradox of being White in contemporary U.S. culture, where we are both perpetrators and victims of White supremacy. This perspective calls for active involvement, stressing the need to complicate the narrative that White people only have positive and privileged racialized experiences.

Even though research shows the inefficacy of inducing guilt, shame, and discomfort about racial identity [ 90 , 120 ], social workers have continued to use these approaches. However, in a profession built on values of service, social justice, dignity, and integrity [ 143 ], we must question whether these methods truly benefit White racial identity development and strengthen the relationships needed for group work. Sustainable growth is challenging amidst emotional dysregulation [ 152 ], as it can hinder our ability to adhere to our Code of Ethics. Therefore, fostering emotional attunement and empathy is essential for constructive dialogue and ethical practice. Change needs empathy.

Feelings of hostility or mistrust toward White people from various racialized communities can be understood from a psychological, emotional, and somatic perspective [ 153 , 154 ]. These communities have borne the brunt of racism, impacting their relationship to White culture and White people. However, similar emotional responses among White social workers toward other White people need a different analytical lens. By adopting the CWS framework, we can gain a deeper understanding of the complexities surrounding the presumption of guilt among White social workers by White social workers. It also provides tools to navigate and mitigate these feelings, enhancing the effectiveness of social work across diverse racial and ethnic contexts and preventing White supremacy. This dynamic of White people harboring negative feelings toward other White people can also be seen as profitable within the context of the Nonprofit Industrial Complex (NPIC), which underscores the financial motivations behind these emotional responses.

6.3 The Nonprofit Industrial Complex

Financial sustainability in social service nonprofits often depends on external funding rather than clients paying for services. The NPIC highlights the dynamics among nonprofit organizations, government agencies, and private funders, showing how reliance on external funding can divert social movements from their core objectives and create caution in confronting harmful practices by funders due to fear of losing financial support [ 155 ].

The NPIC tends to fund intervention services over preventative measures, showing a bias for immediate solutions over addressing root causes. This bias is evident in child welfare, where only 11 percent of funds are directed toward preventative efforts, underscoring the constraints of the current funding landscape [ 156 ].

Smith critiques the 501(c)(3) model [ 157 ], which many social justice organizations adopt to secure tax-deductible donations and foundation grants. This model can co-opt movements, forcing them to conform to the priorities of funders rather than their communities. The NPIC promotes a social movement culture that is non-collaborative, narrowly focused, and competitive—re: zero-sum, Liberalism—often stifling genuine activism and innovation.

The NPIC's competitive nature forces groups to vie for limited resources, often promoting their work at the expense of broader coalition-building. This competition can dilute the focus on systemic change and maintain the status quo. This liberal approach often prioritizes incremental change and personal achievements rather than addressing systemic inequalities through group efforts. By focusing on individual success, the NPIC undermines the power of collective action and solidarity, which are essential for achieving true social justice. Foundations, while providing temporary relief, can mask underlying issues like White supremacy, as they often prefer funding projects that do not challenge systemic inequalities.

Spade advocates for a paradigm shift in the NPIC toward prevention-focused strategies that address the root causes of marginalization and oppression [ 158 ]. Drawing inspiration from public health successes like anti-smoking campaigns, Spade emphasizes that balancing immediate interventions with long-term preventative measures is crucial. Combining insights from INCITE! Women of Color Against Violence—who wrote the seminal guide to the NPIC [ 155 ]—with Spade there exists a profound transformation required in funding strategies centered on racial equity. This reform aims to support individual and group efforts necessary for systemic change, ensuring a fairer distribution of financial resources and promoting sustainable change [ 155 , 156 , 159 ].

Recent research from the Philanthropic Initiative for Racial Equity reveals that nonprofits received $4.47 billion in race-related funding in 2020 alone [ 160 ]. Further analysis shows that foundations, funds, and trusts provided $111.58 billion for race-focused initiatives in education, health, human rights, and social rights from 2003 to 2021. Of this, only 0.49% ($557 million) was allocated for initiatives serving "people of European descent." Through the lens of CRT and CWS, this is less than half a cent of every dollar spent on race-related funding for preventative actions.

Thus, how we think about our work—considering power dynamics, Liberalism, zero-sum thinking, and the balance between prevention and intervention—greatly influences our funding strategies. To address these challenges, it is crucial to explore alternative resources and strategies that prioritize prevention over short-term interventions. Informed by CRT and CWS praxis, this shift toward preventative paradigms is vital for our funding streams. By focusing on preventive measures, we can better address the root causes of social issues, ensuring our efforts lead to sustainable change. This strategy aligns with our mission to promote social justice, challenges the systemic constraints of the NPIC, and advocates for a more equitable distribution of financial resources, ultimately reimagining how social work can meet the needs of all communities.

7 Preventing systemic racism

Integrating CWS and CRT within social work is fundamental to effectively addressing systemic racism. Group work is a pivotal strategy, emphasizing the importance of interpersonal relationships and individual commitments in transforming our systems and institutions. Reflective and transformative approaches enable the identification and correction of ingrained prejudices, fostering genuine understanding and collective liberation. Intergroup dialogue and critical examination of group work practices can enhance collaboration and mitigate systemic issues like White supremacy.

Secondly, White social work practitioners face unique challenges, including anti-White bias, negative emotions, and White Shame Culture that can hinder collaboration. Addressing these biases and promoting empathy, an essential quality in our work, are vital for creating an inclusive environment.

Lastly, the Nonprofit Industrial Complex (NPIC) presents additional challenges, often prioritizing intervention over prevention. However, a shift towards prevention-focused strategies that address root causes, informed by CRT and CWS, is beneficial and urgent for sustainable change and social justice.

Maintaining momentum in these efforts can be challenging. As Mondros and Wilson observed [ 161 ], participation often declines after initial enthusiasm peaks. To counter this, it is crucial to focus on factors that encourage long-term engagement, such as emphasizing the group's impact, building a supportive community, maintaining a strong interest in tasks, and recognizing every member's contribution.

By focusing on these aspects, especially within the context of White social workers, we enhance individual accountability and strengthen interpersonal relationships. This approach fosters a resilient and committed community ready to tackle and prevent systemic racism through evidence-based practices in group work, aiming to root out deep-seated prejudices that fuel racial inequities.

Ultimately, embracing reflective, group-based efforts and shifting towards collective, community-focused liberation will pave the way for a social justice environment where ideals are actively pursued and realized. Social workers must adopt these principles to foster a more equitable and just profession, ensuring that our efforts lead to meaningful and sustainable change.

7.1 How we start

The transformation toward preventative work in social services requires social workers across nonprofit organizations, academic institutions, and funding bodies to address pivotal areas. This task necessitates a profound understanding of the intersection of racism and mental health, specifically among White individuals.

First and foremost, it is essential to recognize the diversity within White populations. Being White does not equate to uniform experiences or perspectives. Social workers must comprehend the unique racial experiences and perceptions of White individuals, debunking common misconceptions about homogeneity within this group. By acknowledging this diversity, we can tailor our approaches to be more effective and sensitive to individual experiences.

Facilitating intergroup dialogue is another critical aspect. Dialogues about systemic racism often stir feelings of guilt and shame. Social workers can provide spaces for constructive intergroup dialogue, mitigating feelings of isolation and potential radicalization. These dialogues can help bridge gaps in understanding and foster a sense of community and shared responsibility in addressing racism.

Implementing trauma-informed approaches is integral to promoting understanding and preventing racism. Social workers need to acknowledge the unique stresses that White individuals might experience like PITS, moral injury, and MST. Trauma-informed approaches can support these individuals in their journey toward healing, helping us understand and combat the roots of racism within ourselves and our communities.

Debunking misconceptions about race, racism, and White supremacy is a critical role for social workers (See Table 1 ). Challenging harmful stereotypes and assumptions fosters a nuanced understanding of these complex issues. By promoting accurate and comprehensive views of these topics, we can dismantle the biases that perpetuate systemic racism.

Promoting and building leadership among White individuals in collective liberation work shifts the responsibility of preventing White supremacy away from marginalized populations who are most impacted by it. Encouraging White people to take initiative allows for respect for each group's unique healing and restoration paths from a place of lived experience. This shift is essential for fostering a collective commitment to social justice.

Advocating for transparency through open and honest discussions about racialized harm and trauma is necessary for healing. Social workers should offer resources to help White individuals understand our role in systemic racism and White Shame Culture. These discussions can pave the way for greater awareness and responsibility in addressing racial harm.

Practicing empathy is crucial in these efforts. Understanding that everyone is at different stages in comprehending race and racism can facilitate more productive interventions. Some White individuals are firmly rooted in White Shame Culture, some traverse between Shame and Supremacy Cultures depending on their context, and others actively seek a return to explicit forms of White supremacy. By meeting individuals where they are, social workers can guide ourselves and other White people more effectively toward greater awareness and action.

Group work plays a significant role in addressing contemporary systemic and institutional racism. Often, the failure to tackle the policies, practices, and values of groups and organizations perpetuates these issues. The key to systems change is merely group work. Even the largest companies in the world do not have more than 12 people on their board of directors. Collaborative efforts are essential for driving significant change.

Lastly, reforming funding strategies to prioritize preventive measures over short-term interventions is critical. By addressing the root causes of societal issues and promoting sustainable, equitable social change within the NPIC framework, we can create long-lasting impacts. Investing in prevention work is essential for fostering a more just and equitable society.

7.2 Action steps

Provide immediate resources and build emotional resilience : offer accessible resources that support immediate needs, such as crisis hotlines, counseling services, and support groups. Build emotional resilience by creating spaces for emotional expression and open discussions without fear of judgment, such as community workshops and peer support circles.

Promote anti-racist actions : engage in meaningful conversations about race and racism, especially with those who may not share your views. If everyone in the room has the same definition of justice, it’s not a diverse space [ 162 ]. Approach these conversations with compassion, patience, empathy, and understanding. For example, organize intergroup dialogues that foster new relationships.

Create healing affinity spaces : develop and maintain healing spaces that allow for personal growth and deeper understanding within affinity groups. Examples include dedicated rooms in community centers for reflective practices, online support groups, and retreats focused on racial healing and identity exploration.

Encourage reflective practices : promote introspective activities such as reflective journaling, meditation, or self-assessment exercises. These practices help individuals organize and deeply understand our thoughts and experiences, fostering personal growth. Provide resources like guided journals, online meditation sessions, and self-assessment tools while being mindful to reflect on more than only our privileges.

Leverage technology for engagement : utilize online platforms and social media to facilitate the exploration of racial identity and intergroup dynamics. Choose the medium that best supports individual learning and engagement styles. Examples include virtual discussion groups, webinars, and interactive educational platforms.

Shift accountability to include all parties : ensure accountability mechanisms consider the needs of those harmed, those who caused harm, and their communities. Accountability should validate humanity while enabling behavior correction. Implement restorative justice practices that involve all parties in the accountability process.

Build community support : foster community building through local meetups, online forums, or social media groups. These communities offer support and foster meaningful relationships grounded in compassion and empathy. Examples include organizing neighborhood potlucks, creating online discussion groups, and hosting community-building events. Consider a support group for people in White Shame Culture.

Understand the difference between shame and guilt : educate individuals on the difference between shame ("I am bad") and guilt ("I did something bad"). Effective accountability should avoid reinforcing White Shame Culture. Provide educational workshops and resources that focus on understanding and applying this distinction.

Proactive and reactive approaches : implement both proactive and reactive strategies to heal and prevent harm. This dual approach is essential for sustainable personal and societal change. Examples include preemptive educational campaigns and responsive support services for those affected by racial harm.

8 Conclusion

To address systemic racism and White supremacy, integrating Critical Race Theory (CRT) and Critical Whiteness Studies (CWS) into social work is essential. By examining principles like Interest Convergence and Critique of Liberalism, we can better understand power dynamics and move beyond zero-sum thinking in our approach to racial equity. This paper highlights the importance of supporting White individuals in understanding race by addressing Perpetration-Induced Traumatic Stress (PITS), moral injury, and White Shame Culture.

Self-reflection is crucial for White people in addressing racism. Morrison [ 86 ] and Baldwin [ 2 ] argue against the idea that people of color should be solely responsible for correcting or leading efforts to undo racial injustices. Menakem, a social worker, extends this argument by insisting that White people must reclaim and redefine Whiteness to embody responsibility and care [ 87 ]. He suggests building communities and supporting White leaders in anti-racism work rather than relying on Black individuals. Fred Jealous further extends this argument, challenging White people embedded in White Shame Culture with a poignant question: "Can you access the truth of your preciousness? And that's the starting place for the discussion. Can you access that? And if you can access that, can you stay there? Use it as a starting place from which to connect to all of life and from which to take a look at where you put your attention with other humans" [ 163 ].

White individuals must take a lead in preventing White supremacy. As demonstrated, these arguments are supported by the concept of Interest Convergence [ 29 , 164 ]. Various racial groups have developed strategies over centuries that meet the emotional, mental, and physical needs of White people, advocating for spaces where White individuals can heal independently—and communally—without interference [ 87 , 165 ]. This paper calls for White individuals to actively engage in collective liberation efforts, emphasizing the importance of internal community engagement before extending these efforts to broader societal interactions.

Integrating CWS offers a novel, preventative strategy to address modern White supremacy. It aims to explore the motivations behind White supremacy without justifications, tone policing, or diminishing the impact on colleagues of color. The ethos of this paper come from Audre Lorde's insight that new tools—compassion, patience, and respect—are essential in dismantling the house of White supremacy [ 166 ].

Social workers play a crucial role in applying an interpersonal approach to systemic racism. Understanding that systems and institutions are groups of individuals, this paper highlights the role of social workers in reflective practice, advocacy for systemic change, and fostering trauma-informed intergroup dialogues. Through these methods, social workers can make significant strides in preventing systemic racism.

This paper envisions a future where social work actively leads efforts toward an equitable and inclusive society. This vision is based on collective efforts, grounded in compassion, understanding, and a commitment to justice. Recognizing that liberation from oppressive systems is best achieved through collaborative efforts, social work must move beyond merely confronting White supremacy. Let’s prevent it.

8.1 Concluding positionality

A key challenge is motivating White social workers to address our racialized mental health needs. Over the years, I have focused on understanding White individuals through a trauma-informed lens. The most formidable challenge has been inspiring White social workers to consistently acknowledge and address our mental health needs related to race. I have experienced firsthand the reluctance of White colleagues—from standing faculty in schools of social work to direct service providers—to confront their racialized fears and insecurities, reflecting the pervasiveness of White Shame Culture in the helping professions. This culture leaves a significant imprint on contemporary social work practice. Confronting and addressing White Shame Culture is crucial for advancing social work toward its true potential. I acknowledge the emotional impact this discussion may have had on you, dear reader. I see you, precious friend. Me, too.

Data availability

This perspective piece primarily discusses and reviews existing literature, puts forward controversial positions or speculative hypotheses, or highlights work from one or a few research groups. Therefore, it does not involve the collection or analysis of original data, which is why this type of article does not include a data set.

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Acknowledgements

My deepest gratitude to Ben Jealous, Ariel Schwartz, Amy Hillier, Jessie Harper, Erin Cross, Jerry Bourjolly, Danna Bodenheimer, Jenny Skinner, Fred Jealous, and Lynn Burnett for their invaluable contributions in reviewing and cultivating the initial ideas of this paper. I am deeply grateful for those who, even in their pain, could only support my work privately. Their struggle with White shame taught me that it can be stronger than love, and that lesson has been profound. For Meade, Elizabeth, and Matthew.

This work was self-funded with no external support.

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Grishow-Schade, L. Preventing White supremacy: an applied conceptualization for the helping professions. Discov glob soc 2 , 52 (2024). https://doi.org/10.1007/s44282-024-00084-2

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DOI : https://doi.org/10.1007/s44282-024-00084-2

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