("Widespread", ctn'd...)  Instances of statistical evidence of ‘intentional discrimination’ were identified in many of these establishments in the study.  There is a presumption of intentional discrimination if the representation of minorities or women is more than two standard deviations below the standard of representation for categories within an industry. 

“Statistics don’t explain everything,” Blumrosen said.  Moreover, in some instances special circumstances may exist that cause underepresentation. In many instances, however the chance that the lack of representation is random is only one in a hundred.  “There is a clear appearance of intentional discrimination. We’re looking at companies with representation so low that it can’t be by chance or for lack of available people”

Companies should be made aware of their position in comparison to other companies.  Companies know what they’re doing.  They look around, and they don’t see any people of color or any women.  But they don’t know how they compare to other companies,” Blumrosen said.  The information has practical value to businesses, he added.  “It would be cheaper in the long run for companies to hire women and minorities than to defend big class action suits.”

Study included 1,900 Minnesota Companies.  Appearance of “Widespread Intentional” Bias also found in Minnesota.  (Similar data is available from Employment Diversity Solutions for any state and most metropolitan statistical areas.)

By applying legal standards to race, sex and ethnic composition, there were over 800 Minnesota employers with indications of intentional employment discrimination.  These establishments were so far below the average representation of minorities or women compared to the employment of minorities and women in the same labor market, industry and occupational categories that it is unlikely to have occurred by chance.

Intentional discrimination exists “when a complaining party demonstrates that race, color religion sex or national origin was motivating factor for any employment practice, even though other factors also motivated the practice.”  This means that intent need not be the sole factor in an employment decision.  It is enough to show that it was one of the motivating factors.  If an employer has both a legitimate reason for its practices and also a discriminatory reason then it is engaged in discrimination under the Civil Rights Act.  This discrimination may be established with employment statistics. Which minimize the role of chance.   

According to the study, minority and female workers in metropolitan Minnesota faced substantial likelihood of intentional job discrimination when seeking any employment opportunity.  Minorities faced this 31% percent of the time they sought job opportunities; Women faced this risk more than 23% of the time they sought job opportunities.  That opportunity may consist of obtaining employment, or any condition or privilege of employment once obtained, including promotion, pay, training, transfer, discipline, layoff and discharge.

OFCCP using EEO-1 reports to select the worst violators of systemic discrimination for potential compliance reviews.

In 2005, the U.S. Department of Labor, Office of Federal Contracts Compliance Programs, (OFCCP) begin using a new process to select government contractors using EEO-1 reports, historical reviews, industry and labor market data.  OFCCP is responsible for ensuring that employers doing business with the Federal government comply with the laws and regulations requiring nondiscrimination and affirmative action.  Its mission is based on the underlying principle that employment opportunities generated by Federal dollars should be available to all Americans on an equitable and fair basis.  For the Fiscal Year 2005 OFCCP recovered a record $45 million for American workers who had been subjected to unlawful employment discrimination.  Locally, the Minneapolis OFCCP District Office reported recovering $1.1 million for workers.  Of the record recovery 97% was collected in cases of systemic discrimination using OFCCP’s statistical methods to rank   and prioritize establishments based of the probability that discrimination would be uncovered during the compliance review.

Because of the potential for liability or compliance reviews if your company has a comparatively low EEO ranking, it is important for you to know your EEO ranking. Employment Diversity Solutions can provide you with this comparative data. Call, write, or e-mail us today at:

                        Employment Diversity Solutions

                        Phone: 612-824-2616  Fax: 1-614-

                        Email:  larrybla@earthlink.net