Does the U.S. Constitution prohibit all employment discrimination based on race?

1200 words MINIMUM (not including cover/reference pages or questions)

Requirement is at least four scholarly articles, ONE maybe the course textbook BELOW

Textbook(s)

Cihon, P. J., & Castagnera, J. O. (2020). Employment and labor law (10th ed.). Cengage

Learning.

Does the U.S. Constitution prohibit all employment discrimination based on race? Explain your answer.

KEY TAKEAWAYS BEFORE ATTEMPTING THIS ASSIGNMENT

The United States Constitution provides the foundation of our laws, and is integral in protecting citizens from discrimination. This essay will explore the extent to which the U.S. Constitution prohibits employment discrimination based on race. Specifically, we will look at the overview of Constitutional law and its anti-discrimination provisions, examine employment discrimination laws in the U.S., and analyze the impact of race-based employment discrimination in the U.S.
The United States Constitution is the foundation of the American legal system. Its anti-discrimination provisions serve as a safeguard for individuals who may be at a disadvantage due to their race, gender, religion, national origin, age, or other protected characteristics. According to M. Barbera in his 2002 article in Indus. LJ, the Supreme Court has used the Constitution to “eliminate the type of discrimination that had been sanctioned by the states since the nation’s founding” (Barbera, 2002). The Supreme Court has held that the 14th Amendment Equal Protection Clause prohibits states from denying any person the equal protection of the laws. This means that the state must provide equal protection to all persons within its jurisdiction, regardless of race, gender, or any other protected characteristic. Additionally, the Supreme Court has held that Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 prohibit employers from discriminating against individuals based on their race, color, sex, religion, or national origin (Barbera, 2002). Furthermore, the Supreme Court has held that Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in educational programs and activities receiving federal financial assistance (Barbera, 2002). Therefore, U.S. Constitutional law and its anti-discrimination provisions are an essential part of the American legal system, as they protect individuals from any form of discrimination or prejudice.
Discrimination in the workplace is a pervasive issue in the United States, with an estimated 20,000 cases of discrimination based on race, ethnicity, gender, and other protected classes reported to the Equal Employment Opportunity Commission (EEOC) in 2018 alone (Yamada, 2010). In an effort to combat this pervasive issue, the U.S. has implemented various laws designed to protect employees from discrimination and harassment. The most prominent of these laws is Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, and national origin (Yamada, 2010). In addition, the Age Discrimination in Employment Act of 1967 (ADEA) and the Americans with Disabilities Act of 1990 (ADA) provide additional protections against discrimination based on age and disability, respectively (Yamada, 2010). These laws provide a crucial foundation for protecting the rights of employees in the U.S., but they are not without limitations. For instance, the EEOC has limited resources and capabilities, making it difficult to adequately investigate and prosecute claims of workplace discrimination (Yamada, 2010). As such, it is important for employers to understand the various laws related to workplace discrimination and take proactive steps to ensure compliance with them.
The issue of race-based employment discrimination in the United States is one that has been widely discussed and researched in recent decades. In a 1999 study published in the International Journal of Health Services, N Krieger notes that “the impact of race-based discrimination on employment is evident in numerous studies at both the individual and aggregate level” (Krieger 1999). While the effects of discrimination can be felt on all levels, it is particularly acute among racial and ethnic minority groups, who are often denied access to quality employment opportunities due to their race. This can have far-reaching implications on their economic security, as well as their overall physical and mental health. Research has found that those who experience discrimination in the workplace are at a higher risk of developing mental health issues such as depression and anxiety, as well as physical health issues such as high blood pressure and chronic pain (Krieger 1999). It is clear that race-based discrimination in the workplace has a significant impact on the health and well-being of individuals, and further research is needed to understand its full scope and implications.
Overall, the U.S. Constitution does not strictly prohibit all forms of employment discrimination based on race. Though the 14th Amendment and Title VII of the Civil Rights Act of 1964 both take steps to protect people from discrimination based on race, such forms of discrimination can still occur due to ambiguities and exemptions in both laws. Therefore, it is important to remain aware of the laws and their implications, as well as the need for continual protection of the rights of all Americans in the employment setting.
Work Cited
N Krieger.”Embodying inequality: a review of concepts, measures, and methods for studying health consequences of discrimination.”https://journals.sagepub.com/doi/pdf/10.2190/M11W-VWXE-KQM9-G97Q
DC Yamada.”Workplace bullying and American employment law: A ten-year progress report and assessment.”https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/cllpj32&section=12
“Not the Same-The Judicial Role in the New Community Anti-Discrimination Law Context.”https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/indlj31&section=10
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