Overt discrimination

Overt discrimination includes visible acts of unequal and harmful treatment that may or may not be intentional, it is the use of gender as well as on race/ethnicity, national origin and religion in employment-related matters such as hiring, firing, and promotions. Becker G. as the reasons for discrimination adds: social class, personality, or other non-pecuniary considerations. Beyond discrimination in hiring attention is paid to discrimination in testing, training.

Types of discrimination

Discrimination is generally categorized into two types :

• Overt discrimination
• Direct discrimination

In the lending context, discrimination may consist of either refusing to transact or varying the terms of the transaction. Discrimination is generally categorized into three types:

• overt discrimination
• disparate treatment
• disparate, or adverse, impact.

An example of lending "overt discrimination occurs when a lender openly discriminates based on a prohibited factor. Disparate treatment occurs when lenders treat applicants differently based on a prohibited factor. Adverse impact occurs when a business practice is applied uniformly, but has a disparate" (Fortowsky E., LaCour-Littl, M., & Mortgage W. F. H., 2001, p. 6)

Modern discrimination

"In some countries overt discrimination is still prevalent and extent of overt discrimination varies form condition to condition. In countires offering greater legal protection, overt discrimination may be reduced, but it gives way to more subtle forms discrimination, which can be at leat as damaging as overt discrimination."(Colella A., King E., (2018), p. 123)

Legal aspect

"Race and sex discrimination in employment, covering recruitment, pay and compensation, training and promotion, was made illegal by Title VII of the Civil Rights Act of 1964. Successful employment discrimination lawsuits may result in individual relief, such as monetary compensation for individual victims of discrimination and injunctive relief, such as changes to the employer’s human resource management policies and practices aimed at creating a workplace free of discrimination for all workers. Very few employment discrimination lawsuits, however, actually result in injunctive relief. Those that include injunctive relief most commonly are court-supervised pre-trial settlements called consent decrees."(Hegewisch, A., Deitch, C. H., & Murphy, E. F., 2011, p. 2)

Examples of Overt discrimination

• Denying someone a job based on their race, religion, gender, sexual orientation, age, or disability.
• Refusing to rent an apartment to someone based on race or religion.
• Denying access to public facilities, such as restrooms, cafeterias, or stores, based on a person’s race, gender, or disability.
• Paying a woman less than a man for the same job.
• Shouting racial slurs or other offensive language at a person.
• Refusing to promote an employee because of their race, gender, or disability.
• Making jokes or comments about a person’s disability or race.
• Posting signs that say "No Blacks Allowed" or "No Women Allowed" in a public place.
• Bullying someone because of their race, gender, sexual orientation, or disability.
• Refusing to hire someone because of their age.

Advantages of Overt discrimination

Overt discrimination has several advantages, including:

• It is easier to identify and address, since the unequal and harmful treatment is visible and in the open.
• It can be confronted directly, and those responsible can be held accountable for their actions.
• It can help to raise awareness of unequal and harmful treatment in a society or organization, which can lead to social or institutional change.
• It can provide an opportunity for individuals to take a stand against discrimination and injustice.
• It can foster greater understanding and empathy among different groups, as people learn more about each other's experiences and perspectives.

Limitations of Overt discrimination

Overt discrimination has several limitations that can make it difficult to recognize and address. These limitations include:

• The fact that overt discrimination is often unintentional or subconscious, making it difficult to identify and address.
• Even when overt discrimination is intentional, it is often difficult to prove in a court of law without the right evidence.
• Overt discrimination is often used to mask underlying discriminatory systems and practices, which can be much more difficult to identify and address.
• Overt discrimination can also be used to create a hostile environment for those who are being discriminated against, further isolating them from getting help.
• Lastly, overt discrimination can create a sense of alienation and resentment among those being discriminated against, making it harder for them to speak up and find recourse.

Other approaches related to Overt discrimination

Overt discrimination includes visible acts of unequal and harmful treatment that may or may not be intentional. Other approaches related to overt discrimination include:

• Institutional Discrimination - This is the unfair or unequal treatment of individuals based on a certain group or class. It can manifest in a range of institutional policies and practices such as hiring, promotion, and pay.
• Structural Discrimination - This occurs when certain groups or classes of people are denied access to resources, opportunities, or services due to their identity. It can take the form of laws, norms, or regulations.
• Intersectional Discrimination - This refers to discrimination based on multiple identities, such as gender and race, that often intersect to create a more severe form of oppression. It is an important factor to consider when looking at how people experience discrimination.

In summary, overt discrimination is just one type of discrimination. Other approaches related to overt discrimination include institutional discrimination, structural discrimination, and intersectional discrimination. All of these approaches are important to consider when looking at how people experience discrimination today.

Overt discrimination — recommended articles

Ethical factors affecting business — Craft union — Personal ethics — Non delegable duty — Barriers to communication — Social structure — Stereotypes in advertising — Socio-cultural environment — Forced retirement

References

• Becker G., (1971), The Economics of Discrimination, The University of Chicago Press, Chicago, p. 153
• Bell, M. P., McLaughlin, M. E., & Sequeira, J. M. (2002),Discrimination, harassment, and the glass ceiling: Women executives as change agents, Journal of Business Ethics, 37(1), p. 65-76.
• Colella A., King E., (2018),The Oxford Handbook of Workplace Discrimination, Oxford, p. 123
• Congleton R. D., Hillman A. L., (2015), Companion to the Political Economy of Rent Seeking, Edward Elgar Publishing Limited, Cheltenham, p. 133
• Fortowsky E., LaCour-Littl, M., & Mortgage W. F. H. (2001),Credit scoring and disparate impact, Manuscript, Wells Fargo Home Mortagage, p. 6
• Hegewisch, A., Deitch, C. H., & Murphy, E. F. (2011), Ending sex and race discrimination in the workplace: Legal interventions that push the envelope, Institute for Women's Policy Research, p. 2
• Snyder, L. A., Carmichael, J. S., Blackwell, L. V., Cleveland, J. N., & Thornton, G. C., (2010), Perceptions of discrimination and justice among employees with disabilities, Employee Responsibilities and Rights Journal, 22(1), p. 5-19

Footnotes

Author: Katarzyna Kraj