While anti-discrimination laws were enacted in order to prevent discrimination against workers due to their minority status, reverse discrimination in which members of a historically favored majority class are discriminated against may also run afoul of the law. These cases are typically based on claims that the majority class member was discriminated against in favor of a minority class member for such things as job promotions and hiring decisions.
Anti-discrimination laws forbid discrimination based upon a number of factors, including a worker’s race, gender, color and national origin. These laws operate with equal force when a person faces discrimination based on their membership in a majority class for one of these characteristics. Examples of discriminatory actions may include hiring that favors minority class members, the promotion of minority members over majority ones when the minority member is less qualified and firing people under the age of 40 in favor of hiring people older than 40.
In order to prove a reverse discrimination claim, the worker may need to show several things. First, they must present evidence that they is a member of a protected class. They must also be able to prove that workers in similar positions are treated more favorably. They must also be prepared with evidence that the employer has historically discriminated against members of the majority class to which the worker belongs. Finally, they will need to demonstrate that their job performance was of good quality.
People may not realize that discrimination laws apply to majority class members if they are discriminated against based on a protected status. Those who believe they have suffered from reverse discrimination in their workplaces may want to meet with an employment law attorney who might be able to provide guidance.