Sunday, April 17, 2016
Why Do CERD and CEDAW Fail to Garner Business Support?
While supporting transgender advocates working to repeal North Carolina laws discriminating against sexually diverse individuals, I reflect on the public support that corporations have experienced since refusing to do business in the offending (and offensive) state. Similar support was given by major corporations in Georgia. This leads to a chronic and unanswered question: why do the same entities deny support to women and racial minorities in their discrimination issues?
Might it be that discrimination against women and racial minorities is so pervasive that to object might disqualify the businesses from operating in all U.S. jurisdictions? I don't think that the answer is that simple. Most of the corporations supporting the transgender community have, and continue to, discriminate against women and racial minorities.
In 2013, Bank of America agreed to pay $39 million dollars to women who experienced discrimination in its related corporation, Merrill Lynch. Immediately before that settlement, the Bank paid $160 million to black brokers. In 2012, 16 racially diverse workers brought a discrimination claim against Coca Cola claiming aggressive and untempered discrimination in two of the company's New York firms. These claims came well after Coke agreed to settle a race discrimination suit in 2000 for $192.5 million dollars. Similar lawsuits are settled every year, often against major corporations.
An easy answer might be that corporations that have paid millions to settle discrimination suits are trying to stay ahead of similar claims based on sexual identity. A more cynical explanation could be that the transgender corporate workforce is perceived as being incredibly small and claims more easily managed. If corporations were to acknowledge widespread wage inequities, settlements would be incredibly large. And with equality would come at least a modest power shift.
Corporate support of CERD and CEDAW would be a good start in ending workplace discrimination. When corporations decide to stop tolerating hateful and discriminatory language, and decide to pay equal wages and provide respectful working environments, corporations might discover that having a satisfied workforce is indeed good for profits.
Right ON, Professor Drew. Sheesh I miss seeing you at the ABA Commission meetings. At any meetings. You GO!! Thank you.
Posted by: Betty Wytias | Apr 18, 2016 1:29:58 AM