11-10-08, 10:16 am

With the election of Barack Obama, a wide range of thoughtful commentary has centered on how our country has changed and how race plays less of a determining factor in our social life.

Other stone-age punditry from some conservatives has taken a nasty turn, however. Even in his supposedly 'gracious' concession speech, John McCain found space to lash out at African Americans and, in a nutshell, said that he didn't want to hear any more complaining from them.

But the election of a president, as President-elect Barack Obama repeatedly said, itself is not the change we seek; it only gives us the opportunity to make that change.

And on the question of racism, or on prejudice and discrimination in general, pretense alone will not make them go away.

The results of a new survey from released last week revealed that more than one in four Americans say they have experienced employment discrimination for a variety of reasons: race, gender, sexual orientation, religion and more.

The survey asked 1,000 American adults if they believe they have ever experienced discrimination by an employer in job interviews, hiring, pay or promotions.

According to FindLaw.com, 27 percent of respondents said they had encountered such employment discrimination.

The survey found that more than four in 10 African Americans have experienced racial discrimination in the workplace. One out of ten women say they have experienced gender discrimination. Between 13 and 15 percent described experiencing age discrimination – for being too old or too young. In addition, racial discrimination was found most predominantly in the South, while other forms of discrimination were most commonplace in the Midwest.

Discrimination based on race, gender and age were most often cited in the survey, but many survey participants also listed religious and sexual orientation-based job discrimination.

According to FindLaw.com, existing anti-discrimination laws regulate all aspects of work including hiring, firing, promotions, job duties, wages, benefits and reviews. An employer’s work policies must be applied to all employees equally.

But as Stephanie Rahlfs, an attorney and editor at FindLaw.com noted, not all forms of job discrimination are included by current law. “Only discrimination based upon a classification that is considered ‘protected’ – race, color, religion, national origin, sex, age, disability, or union activity under the federal anti-discrimination laws – is illegal.”

Federal anti-discrimination law excludes sexual orientation as a “protected” category. And there are more than a dozen states that also refuse to include the category in their anti-discrimination laws. In those states, employers are legally able to hire, fire, or refuse promotions to an LGBT applicant or employee.

In addition, though gender is a federally protected category, current federal rules often make seeking redress difficult. For example, the US Supreme Court recently threw out a lawsuit by Lily Ledbetter, a 19-year employee at Goodyear Tire, Inc. for gender-based pay discrimination.

A jury believed her ample evidence about her employer’s systematic discrimination against her and awarded her back pay and damages. But the company appealed the decision.

After years of appeals, the Supreme Court ruled that federal law requires her to bring such a suit within six months of the first discriminatory paycheck, despite the fact that she did not find out about it for years.

To remedy these problems, civil rights advocates have urged passage of two federal workplace anti-discrimination laws currently pending in Congress. The Fair Pay Restoration Act would amend federal law to allow a worker who has experienced pay discrimination to file a lawsuit within six months of the last discriminatory pay check, strengthening the ability of a worker to seek redress and providing a bigger incentive for companies to eliminate discriminatory practices on their own. The Employment Non-discrimination Act would expand federal anti-discrimination laws to include lesbian, gay, and bisexual people as “protected.” (Many advocates of this law want it to also include transgender individuals.)

FindLaw.com advises workers who believe they have been discriminated against to act swiftly. An informal meeting with the employer may resolve the matter without legal action. Getting expert advice is a good idea. (Contact your local ACLU or civil rights organization, or use a Web site like FindLaw.com to learn more about the law and to find a lawyer). State laws vary, and time limits may affect your ability to win your case. In addition, FindLaw.com advises a worker who has been fired or not hired and is pursuing a discrimination claim to seek other work. Failing to continue to look for other employment might cause a judge or jury to believe you are not serious about getting a job and could weaken your claim.

--Reach Joel Wendland at jwendland@politicalaffairs.net.