Boris Ignachkov It is widely known that the basis of a racial discrimination claim is if you suffer a detriment due to your race you can take it to court. However, the majority of cases involve black men or women claiming race discrimination for being dismissed or harassed due to their race or sex. More recently, there has been debate distinctly in America over white race discrimination.
There is no doubt that positive discrimination exists to create more diverse and inclusive workforces by giving those who are traditionally underrepresented more growth opportunities. The group here is usually women and people with disabilities or different ethnicity. Nevertheless, a case has fallen in front of the North Carolina courts involving a white man complaining of race and sex discrimination.
David Duvall sued his previous place of work – Novant Health – when he was fired apparently “without cause” as part of a campaign to promote diversity in management. Novant Health has protested his case saying it was for his “deficient performance and the delegation of critical duties to subordinates.” If what Duvall says is true it goes against Title VII of the Civil Rights Act. However, to be diverse and inclusive is also part of the law as diversity is known to increase innovation and forward-thinking ideas. In the end, Duvall was awarded a total of 10 million dollars as he was replaced by a black woman and white woman.
This controversial case highlights that even though it is great that companies are taking direct changes to make their workforce more inclusive and diverse, it still needs to be done within the parameters of the law. Thus, great debate remains: is the law needing to be tightened or loosened regarding this issue?