Ethnicity and Human Rights-The Impact of Color On

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ETHNICITY AND HUMAN RIGHTS:THE IMPACT OF COLOR ON

WORKPLACE

0.1PROBLEM:-Ethnic based harassments; exclusion at workplace due to ethnicity has seen many

instances which affect the social cognition of the employee. The employee is bound by the

contract with his employer and cannot raise his voice against his willful exclusion by the

management on grounds of ethnic origin or racism. This poses a great threat to the workers

to work in an alien land without any security to protect their jobs.

0.2AIMS AND OBJECTIVES:-The aim of this paper is to ascertain the gravity of the racial discrimination meted out

to the employee and the effect of the same on his social cognition. The paper would also aim

to formulate steps which are the need of the hour to see that a free and fair organizational set

up is maintained for a employee to work without any expectation of biasness and fear. The

paper would also aim to ascertain the position of the migrant workers who are the worst

affected due to the discrimination based on ethnic lines.

The object of the paper is to highlight the atrocities which are committed on the

employee not on the basis of his performance but on the basis of his ethnic origin. It is also

necessary to bring to light the plight of the migrant workers who are neglected by their

employers inspite of their strenuous and laborious work in terms of pay and perks in brown

collar jobs and also in terms of organizational decision making in white collar jobs.

0.3HYPOTHESIS:-The paper presumes the proposition that discrimination on the basis of ethnicity and

race has become so rampant that the international legal framework has been successful in

curbing the menace of racial discrimination at workplace.

I.INTRODUCTION:-Its been more than fifty years since, the US Supreme Court had judged the famous

Brown v. Board of Education1, but even then our society and workplace is profiled and

deeply scarred on the basis of race and ethnicity. The year 2001 was declared as the

International Year for Mobilization against Racism, Racial Discrimination, Xenophobia and

Related Intolerance but still the institutional framework has been slow in curbing the racial

1 347 U.S. 483 (1954)


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atrocities committed by the employers. Discrimination at work is a phenomena which occurs

regularly on a daily basis. It can be in the form of remuneration to an employee which is not

equal to his peers to barring a women from procuring a loan in the absence of assent form

her spouse to denying a person from obtaining a business license because of his ethnic

origin. The fact is that many people are denied jobs not on the basis of their capabilities but

merely on the basis of their color, race or ethnicity. This is simply to control the job market

only in the hands of a few. Theoretically, work is a privileged entry point for any individual

and its aim is to liberate society from discrimination, but the practicalities are completely

different. Discrimination at work place undermines the worth of the individual and is

detrimental to justice and democracy at workplace.

The globalization of the world market has led to the free movement of labor without

any restrictions based on geographical lines. It has been seen that as the economy progresses

towards free market, with the growth of wealth, it is also leading to growth of labor force

consisting of both the nationals and also other employees from different parts of the world.

With the growing workforce consisting of employees from various countries there also

grows with it a sense of xenophobia and animosity among the host country laborers and also

mainly due their employers. In modern times, as social relations at workplace becomes

increasingly crucial at workplace to individuals as it is very much essential to employment

success, discrimination on racial lines saddens the endeavor of the employee to make his

employment a fruitful experience.

Though the blatant forms of racial discrimination have found to be disappeared, but

they have taken a new form of harassment which is real and consistent, though not much

publicized, is the discrimination on ethnic origin of the employee causing a major concern,

also for the international labor organization. Though there have been summits, declarations

and binding instruments, they have been far from successful in ensuring that there is no

racial discrimination at work place mainly because of the fact the problem is not one of a

legal nature but of a psychological one. Hence, as the problem is that of the latter, then it

becomes very difficult for the employee, as for him it becomes a decision between right and

food, between choice of which the employee would choose the latter.

II. THEORIES OF DISCRIMINATION:-


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In order to understand the modalities of racial discrimination at workplace one must

understand that the organizational set up becomes the basis of discrimination, sometimes it

is hostility between the employees themselves which become the basis of segregation and

also sometimes it is response of the employees in order to fit to the workplace environment

which also become the basis of discrimination.

2.1 Structuralist Theory of DiscriminationThe structuralists believe that the discrimination does not which emanates from within

the organization but due to the exogenous forces such as persistent societal bias that lead to

the discrimination. The employer can rubbish the claim by saying that he cannot be held

responsible for societal discrimination.2

Susan Sturm has vehemently argued that structural

discrimination is such a complex form that over the years there forms of a patterns of

interaction which has the effect of excluding the non-dominant groups.3 This exclusionary

effect has a great effect on the entry and promotion. Moreover, it is the willfulness upon the

peers to view the same behaviour in quite a different manner.

It is advocated that though these are factors of social, economic and political in

nature, though exogenous, have the effect of magnifying the differences.4

The main focus of

this theory is to focus on the interaction between the exogenous forces vis--vis

organizational setup, inorder to see whether a behavior which appears prima facie to be

gender neutral which when taken in isolation has the element of pure gender bias in it.5

Tristin Green argues that dynamics of discrimination that occur in the work place are

majorly due to the establishment of employment structures. She makes the employers

responsible for the discriminatory bias which is caused due to the subjective criterion of

decision making.6

Hence, when too much of subjective discretion is there, the greater the

instances of its misuse in the form of discrimination on racial lines.

2Leticia M. Saucedo, Three Theories Of Discrimination In The Brown Collar Workplace, 1 U. Chi. Legal F.

345(2009).3Susan Sturm, Second Generation Employment Discrimination: A Structural Approach, 101 Colum L Rev

458, 553-67 (2001).4Michael Lounsbury and Marc Ventresca, The New Structuralism in Organizational Theory, 10

Organization 457, 466-68 (2003).5 (Susan Sturm, note 2, p. 553-67)6 Tristin K. Green, Discrimination in Workplace Dynamics: Toward a Structural Account of Disparate

Treatment Theory, 38 Harv CR-CL L Rev 91, 93 (2003)


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The effect of the structuralist theory is seen in workplace with migrant workers. The

employer here tries to make the structurisation of the workplace in such a manner only those

workers are attracted whose choices are constrained by societal force in order to subvert the

liability.7

Because of this there exists a unalterable structure that determines jobs that are

available, the pay rate and the worker mobility, which inturn leads to the discrimination. The

choice of the employee is constrained by the practices of the employer.8

The following example would clear the animus of the structuralist theory. For example,

it has been a recent trend of outsourcing to India. India also a history of many people from

outside India living and working as part and parcel of this land. Now, for instance, an AB

Company wants to set up its office in India. For the post of the receptionist a lady is

required. The job requires that women need to work from 11:00pm to 5am. Then, inorder to

discriminate the employer would make his organizational structure in such a manner that

women from India do not opt for that post as the general societal perception is that women

in India cannot work during night hours due to the conservative societal set up. Hence, it is

clearly seen that this racial discrimination can take place on the basis of racism which go

unnoticed due to the closely knit organizational structures.

Another important aspect which is include within this theory is the work culture at

employment. This suggest a Marxist influence on social definition of culture, on the the

basis that the cultural process are intimately interconnected with the racial structuring of the

social relations and also age of oppressions in the form of dependency.9

Hence, the work

culture of an organization is structured in such a manner so as to adhere to the general

expectation code of the organization though not formally mandated. As the evolution of

society is a dynamic process, work culture also develops dynamically basing on the

organization.10

It is because of this work culture which mandatorily or probably even more

stricter( for the ethnic migrant), the employer could rubbish the claim of the prima facie

discrimination on the ground that the required competency for the nature of job is different

and the discrimination is one which is societal but not organizational one.

7 Vicki Schultz,Life's Work, 100 Colum L Rev 1881, 1898 (2000).8 Vicki Schultz and Stephen Petterson,Race, Gender, Work, and Choice: An Empirical Study of the Lack of

Interest Defense in Title VII Cases Challenging Job Segregation, 59 U Chi L Rev 1073, 1095-1135 (1992)9 Richard Johnson, What is Cultural Studies Anyway? 16 Soc. Text 39 (1987).10 Tristin K. Green, Work Culture and Discrimination, California Law Review, Vol. 93, No. 3 (May, 2005),

pp. 623-684.


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2.2Performance Identity TheoryIntersectional Theory or Performance Identity theory is where the analysis of the effect

of the practices of the employer on the employees. This approach sees how the employers

practices effect the people with multidimensional identities. The two main postulates of this

theory is that the intersection of the racism and sexism i.e colour based discrimination and

gender discrimination, which puts into motion the real effect of the impact on the employees

due to the practices of the employers. Race discrimination in the workplace "is a dialectical

process within which race both shapes, and is shaped by, workplace culture.11

It is also to

be noted that "race-producing practices reflected in the daily negotiations people of color

perform in an attempt to shape how (especially white) people interpret their nonwhite

identities."12

In short, it is understood that people do not come to the workplace with a

predetermined mind of a racist but adjust themselves according to the dynamics at the

workplace, they see and experience.13

As Carbado and Gulati explain: "in the context of everyday interactions, people

construct--that is, they project and interpret particular images of--race," as well as class and

gender.14

The notion developed in the recent times is of racial penalty i.e. even in this

racial discrimination there is a chance of gender discrimination. It is also seen that in the

United States there is a significant occupational segregation in earnings which can be

perceived by the fact that the racial penalty is greater for men than woman which is self

explanatory as the occupational segregation among Hispanic/black men and white men is

greater than the white women.15

The employees start responding to the employers practices in a manner that gives

employer to make up a stereotype mind as regards workers of the that class, race and

ethnicity. To that extent employer preferences and statistical discrimination rely on

stereotypes and biases based on race, ethnicity, gender, or another protected category, make

11 Devon Carbado and Mitu Gulati, The Law and Economics of Critical Race Theory, 112 Yale L J

1757, 1758 (2003).12Ibid.13Ibid14Ibid15 K. Bayard, J. Hellerstein, D. Neumark and K. Troske, Why are racial and ethnic gaps larger for men than

for women? Exploring the role of segregation using the new worker-establishment characteristics database,

National Bureau of Economic Research Working Paper No. 6997 (Cambridge, MA, 1999)


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their preference-based behavior is discriminatory.16

It provides insight into how workers

adapt their behavior to cope with stereotypes or preconceptions of their abilities, skills, and

aspirations in the workplace.17

This stereotype of the employers may be negative or positive. If negative, then the

employer would have workers who would not complain about the safety conditions at

workplace though they may be not to the standards set by law, though a employee would be

hardworking he/she would not be given the appropriate recognition from the employer and

the employee can do nothing but to bear with or leave the job, and if the latter then it would

be very difficult for him to find another in these hard times.

2.3Perpetual Segregation Theory:-Russell Robinson in his groundbreaking work on this theory had propounded the

segregation is quite but evident among the outsiders and insiders.18 He posits how the whites

and blacks differently view racial discrimination substantially based on the perpetual

frameworks and reach distinctly different conclusions.19

For the whites, it is termed as

colorblindness perspectives which views race consciousness as racially disruptive and for

the blacks pervasive prejudice perspective which, according to Russell, is a day-to-day

commonplace event and which is rooted in the society, which could continue till the world

lasts.20

This segregation in the perception by the blacks and the whites is perpetual due their

own perception of racial discrimination which leads to a perpetual segregation among them

about the notion of racial discrimination at workplace. This is seen when a set of facts are

presented to both the blacks and whites, it is perceived by them in a completely different

manner, which is due to their preconceived notion of the existence of racial discrimination.21

The whites adopt the view of the Supreme Court which propounds discrimination as

manifestation of bad intent.22

He calls the whites color blinds because they never perceive

the existence of racial discrimination because there is no overt evidence which comes

16 Devon W. Carbado and Mitu Gulati, Working Identity, 85 Cornell L Rev 1259, 1262-63 (2000)17 Leticia M. Saucedo, The Employer Preference for the Subservient Worker and the Making of the

Brown Collar Workplace, 67 Ohio St L J 961, 964- 971 (2006)18 Russell K Robinson,Perpetual Segregation, 108 Colum. L. Rev. 1093(June, 2008).19Ibid.20Ibid.21 Eduardo Bonilla-Silva,Racism Without Racists (2d ed. 2006) p. 8922Washington v. Davis, 426 U.S. 229, 239 (1976)


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forward to manifest itself of the existence of a racial hostility.23

As the whites and blacks

have lived together for a long time now, this diminishes the chances of obtaining any overt

evidence on racial discrimination. The whites deny the existence of racial discrimination,

and rubbish the historical claims to discrimination like slavery as a thing of the past.24

On the other hand, the blacks are race conscious and term the racial segregation as

common and structural defect in the organization of the society. They posit the argument

that the elements of racism manifests itself in their everyday life but not enough to convince

the whites.25

The difference between the thinking of the blacks and the whites is that the

latter thinks that the race consciousness is a evil and needs completely avoided and the

former view the as aspect of race consciousness as central to their survival.26

The said two perspectives are always at loggerheads. The whites always reject the

existence of any racial discrimination unlike the blacks who insist on the existence of it.27

The reason for this is historical. The whites and the blacks have always remained within

their communities, married within their communities.28

For instance, Black and white

Americans typically inhabit spatially separate worlds that differ in material resources,

security, status, culture, and opportunities.29

Hence, the segregation. But this situation is

changing due to the evolution of society. Though interaction at workplace must be in a

healthy manner based on professionalism and civility it ultimately results in discrimination

on racial lines thereby resulting in the whites and the blacks remaining at loggerheads all the

time.30

This makes the workplace environment psychologically unhealthy to work in.31

III.INTERNATIONAL MECHANISM AND LEGAL FRAMEWORK:-

23 Joe Feagin & Eileen O'Brien, White Men on Race: Power, Privilege, and the Shaping of Cultural

Consciousness (2003) p. 15924(Silva, supra note 18)25 Donna Chrobot-Mason & William K. Hepworth, Examining Perceptions of Ambiguous and Unambiguous

Threats of Racial Harassment and Managerial Response Strategies, 35 J. Applied Soc. Psychol. 2215, 2221

(2005)26 Barbara J. Flagg, "Was Blind, But Now I See": White Race Consciousness and the Requirement of

Discriminatory Intent, 91 Mich. L. Rev. 953, 969-72 (1993)27 John F. Dovidio & Samuel L. Gaertner, Aversive Racism, 36 Advances Experimental Soc. Psychol. 1,

2 (2004)28 Michael I. Norton et al., Color Blindness and Interracial Interaction: Playing the Political Correctness

Game, 17 Psychol. Sci. 949, 950 51(2006).29 Michelle Adams,Radical Integration, 94 Cal. L. Rev. 261, 279 (2006)30 Devon W. Carbado & Mitu Gulati, Working Identity, 85 Cornell L. Rev. 1259, 1262 (2000)31 Russell K. Robinson, Uncovering Covering, 101 Nw. U. L. Rev. 1809, 1821 (2007)


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The principles laid down in UDHR32

, ICCPR33

, ICESR34

, CERD35

and ICRMW36

lay

down that the non-discrimination shall be guaranteed to everybody irrespective of their

ethnicity and race.37

The ICRMW is the core human rights treaty that focuses specifically on

the protection of non-citizen and also their family.38

In General Recommendation No. 30,

the CERD states categorically that racial or ethnic profiling or stereotyping of non-citizens

must be avoided.39

World Conference Against Racism, Racial Discrimination, Xenophobia and Related

Intolerance 200140

, through Para 5141

aims to create a working atmosphere to the migrant

workers free from racist and xenophobic culture and access to justice in accordance with the

international human rights instruments. The ILO promises that migrant workers would be

given a fair deal in the global economy due to international migration.42

The Special

Rapporteur appointed by Commission on Human Rights had obseverved instances of

multiple discrimination and violence against migrant women.43

This Session elaborately discusses the rights of the migrant workers to have a congenial

environment to economic growth and employment without any extraneous considerations of

xenophobia and racial discrimination. Without interfering with the sovereignty of the States,

32 Universal Declaration on Human Rights, 10th December 1948.33 International Covenant on Civil and Political Rights, General Assembly resolution 2200A (XXI)

of 16 December 1966 entry into force 23 March 197634 International Covenant on Economic, Social and Cultural Rights, General Assembly resolution 2200A (XXI)of 16 December 1966 entry into force 3 January 197635 International Convention on the Elimination of All Forms of Racial Discrimination, General Assembly

resolution 2106 (XX) of 21 December 1965 entry into force 4 January 1969.36 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their

Families Adopted by General Assembly resolution 45/158 of 18 December 1990.37 U.N Human Rights Commission, General Comment 15, The Position of Aliens under the Covenant, at

1-2, 27th Sess., U.N. Doc. A/41/40 (Nov. 4, 1986).38 Article 9,http://www2.ohchr.org/english/law/cmw.htmaccessed on 3rd March 2010.39 General Recommendation No. 30: Discrimination Against Non-Citizens,

at 2-3 (Oct. 1, 2004), available at

http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/e3980a673769e229c1256f8d0057cd3d?Opendocumentaccessed

on 3rd March 2010.40

Durban, South Africa, from 31 August to 8 September 2001.http://www.un.org/WCAR/durban.pdfaccessedon 3rd March 2010.41 We reaffirm the necessity of eliminating racial discrimination against migrants, including migrant workers,

in relation to issues such as employment, social services, including education and health, as well as access to

justice, and that their treatment must be in accordance with international human rights instruments, free from

racism, racial discrimination, xenophobia and related intolerance;42 Global Conference of the International Labour Organisation, 92nd Session 2004 Extracted from the Report of

the Committee on Migrant Workers,http://www.ilo.org/public/english/standards/relm/ilc/ilc92/pdf/pr-22.pdf43 Commission on Human Rights [CHR] Res. 1999/44, 3 (Apr. 27, 1999), Comm'n on Human Rights, Report

of the Special Rapporteur, U.N. Doc. E/CN.4/1999/80 (Mar. 9, 1999) (prepared by Jorge A. Bustamante).
http://www2.ohchr.org/english/law/cmw.htmhttp://www2.ohchr.org/english/law/cmw.htmhttp://www2.ohchr.org/english/law/cmw.htmhttp://www.unhchr.ch/tbs/doc.nsf/(Symbol)/e3980a673769e229c1256f8d0057cd3d?Opendocumenthttp://www.unhchr.ch/tbs/doc.nsf/(Symbol)/e3980a673769e229c1256f8d0057cd3d?Opendocumenthttp://www.un.org/WCAR/durban.pdfhttp://www.un.org/WCAR/durban.pdfhttp://www.un.org/WCAR/durban.pdfhttp://www.ilo.org/public/english/standards/relm/ilc/ilc92/pdf/pr-22.pdfhttp://www.ilo.org/public/english/standards/relm/ilc/ilc92/pdf/pr-22.pdfhttp://www.ilo.org/public/english/standards/relm/ilc/ilc92/pdf/pr-22.pdfhttp://www.ilo.org/public/english/standards/relm/ilc/ilc92/pdf/pr-22.pdfhttp://www.un.org/WCAR/durban.pdfhttp://www.unhchr.ch/tbs/doc.nsf/(Symbol)/e3980a673769e229c1256f8d0057cd3d?Opendocumenthttp://www2.ohchr.org/english/law/cmw.htm


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the states have an obligation to formulate policies in such a manner so as to give equal

treatment to the national workers and also the migrant workers and also have minimum

standards of protection to all and also promote measures to combat racism and racial

discrimination.

The World Conference Against Racism(2001) adopting the mandate of the World

Conference on Human Rights aims for speedy and comprehensive elimination of all forms

of racial discrimination, xenophobia and all forms of related intolerance. It encourages

multiculturalism and pluralism in the work place as it considers mankind to be one human

family with diversity. This would also mean that the workplace being the family at a smaller

level should be able to tolerate the pluralistic society and cannot continue with the

conservative approach as it would mean the downfall of the organization. It also recognizes

the xenophobia against the non-nationals particularly the migrant workers.

The importance of technical assistance of the ILO to set up a institutional framework to

combat racism at workplace is necessary as it had done in Africa in the post-apartheid

regime. ILO Conventions No. 97 (Convention No. 97) and No. 143 (Convention No. 143)

are the specific ILO instruments aimed at the protection of migrant workers and are both

supported by non-binding recommendations.44

The Labour Relations Act 1995 was enacted

and prohibited any form of unfair dismissal on grounds of race, religion, color, sex and

ethnicity. This all inclusive participatory process required the employer to implement

affirmative actions in order to protect the black people and submit the reports of the action

taken by them in that regard.

The ILO had also helped Namibia in identifying the intricacies of racial discrimination

which helped them in drafting the Affirmative Action (Employment) Act, 1998. This

enabled combating racism against the stakeholders like the black people. This has been a

model for all the neighboring countries like Botswana, Namibia and Malawi.45

The 1997

Tripartite Meeting of Experts on Future ILO Activities in the Field of Migration called on

44 See ILO, Convention (No. 143) concerning Migrations in Abusive Conditions and the Promotion of

Equality of Opportunity and Treatment of Migrant Workers, June 24, 1975, 17426 U.N.T.S. 1120

[hereinafter Convention No. 143]; ILO, Convention (No. 97) concerning Migration for Employment

(Revised), July 1, 1949, 1616 U.N.T.S. 12045 ILO: Namibia:Affirmative Action In Employment, Final Evaluation Report, doc. NAM/96/

MO3/NOR (Geneva, 2000).


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the ILO to promote the implementation of the conclusions on migrant workers in time-

bound activities.46

IV.IMPACT OF THE LEGAL FRAMEWORKThere are umpteen number of conventions at the international level and also their

implementation by the States at the local levels, it is pertinent to know the impact of these

legal framework and also the affirmative action by the State in ameliorating the racial

discrimination at work place. The ILO Report on Time for Equality at Work47

had

investigated and found that the following outcomes of the affirmative actions taken by the

State for mitigating the menace of racial discrimination at workplace-

1) It has been seen in Northern Ireland where the State had been carrying outemployment schemes since 1989, the employment segregation levels have drastically

dropped down where there was earlier rampant discriminatory policies between the

under represented Catholics and Protestants.48

2) It has been observed that, in the once epicenter of Human Rights violations atworkplace of South Africa, the income of black households have risen from 1000 to

1.2 million households in the last decade49

, the international instruments have

brought about by discouraging the States from perpetuating racial discrimination at

workplace.

3) Empirical evidence suggest that the impact of affirmative action on elimination ofracial discrimination depends upon the causes of such discrimination. However, it is

seen that the Nordic States and United States of America have been effective in

curbing gender discrimination but not the racial discrimination. However, to some

extent the affirmative action employers have enabled the minority employees to

overcome and improve their qualifications.50

4) Generally, it would be apprehended that extreme form of racial discrimination wouldhamper the productivity at workplace. But it would also mean that the affirmative

46 Ryszard Cholewinski, The Human And Labor Rights Of Migrants: Visions Of Equality, 22 Geo. Immigr. L.J.

177(Winter, 2008).47Global Report under the Follow-up to the ILO Declaration on Fundamental Principles and Rights at

Work(ILO, Geneva, 2003), p. 6648 B. Hepple Work, Empowerment And Equality (Geneva, ILO, 2000), pp. 4-6.49 International Council on Human Rights Policy:Racial and Economic Exclusion: Policy Implications

(Versoix, 2001), p. 10.50 Supra note 47.


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action taken by the State would frown the majority employees. It has been observed

in surveys conducted in Australia and United Kingdom that these equal opportunity

policies have no effect on the productivity of the enterprises, these policies being

compulsory.51

5) In Brazil it was seen that the segregation of occupational income between the blackfamily income was 43% to the white family income. Though affirmative action in

the form of quota system was introduced in 2002, it did not have much impact as the

white family income is 20% more than the black family income.52

V. NEED OF THE HOURThe International Labor Organization in association with the States, Non-governmental

Organization shall ensure the following:-

1) Setting up of counseling centers at workplace with professional counselors so thatthe migrant workers can be afforded assistance for any kind of racial bias which

happens at workplace.

2) Also the counselors should also be empowered to educated and disseminateinformation regarding the harmful effects of racial discrimination at employment to

the majority employees (who may dominate or discriminate against the minority).

3) The implementation mechanism at the grassroot level needs to be strengthened sothat migrant workers are free to approach the authorities against the xenophobic

nature of the employer. While setting up standards due consideration should also be

given to the gender bias.

4) Also, while aiming for a effective mechanism one cannot neglect the assistance ofthe alternate dispute resolution mechanism (ADR) and one needs the assistance of a

independent ADR provider. The panel of arbitrators needs to be suggested according

to the mutual understanding of the migrant labor union and also management.53

This

essential because, the persons chosen in the panel would ensure that there is

51Ibid.52 United States Bureau of the Census: Statistical Abstract of the United States: 121st edition (Washington,

DC, 2001); Brazilian Institute of National Statistics and Geography (IBGE) and Brazilian Institute

of Applied Economic Research (IPEA); Malaysian Economic Planning Unit (EPU) five-year and long-term

development plans; Statistics South Africa.53 David A. Hoffman and Lamont E. Stallworth, Leveling The Playing Field For Workplace Neutrals: A

Proposal For Achieving Racial And Ethnic Diversity, 63-APR Disp. Resol. J. 37(2008).


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neutrality in the adjudication of the arbitrator as they are chosen by the minority

neutrals.54

5) As generally, the migrant workers are skeptical to approach the authorities againsthis employers mechanism need to be developed so that the anonymity of the

complainant needs to be maintained so as to ensure his job security. At the same

time, the authenticity of the complainant and also the complaint needs to be checked.

All the legal proceedings against the employer by the employee shall be held in

camera so as not to hamper the future prospects of the employee.

6) At the international level, the ILO needs to check that all the national legislation ofthe States and all concerned applicable social laws extend to the protection of

migrant workers also. The ILO should pressurize the state to submit a report as

regards the same. The ILO needs to set up a separate committee called the ILO

Committee for Protection of Migrant Workers against All Forms of Discrimination.

7) The NGOs shall be empowered to set up counseling centers and also have a directcontact with the ILO Committee so that the committee gets a unbiased opinion for

further action against the state.

8) The main drawback of the ILO is that the implementation and binding mechanism isvery slow. Hence, the State takes this to their advantage. The ILO implementation

mechanism should be effective developed so as to see that the States heed to the

pressure by the ILO.

VI.CONCLUSIONFinally, it is understood that the role of the State in controlling and curbing racial

discrimination at workplace is of a dual role. On the one hand the right is a negative right

with a corresponding duty upon the State not to indulge in discrimination on racial and

ethnicity. On the other the State has to take affirmative steps to see that the minority are not

discriminated on ethnic and racial lines. Hence, it is seen that because of the various

affirmative steps taken by the State there has been upto a large extent reduction in

discrimination among employees on racial lines. However, the recent trends in employment

show that the tendency of the menace infiltrate in workplace would not take much time.

54 Dispute Resolution in Action: Examining the Reality of Employment Discrimination Cases: Proceedings of

the 2007 Annual Meeting, Association of American Law Schools, Sections on Employment Discrimination

and Alternative Dispute Resolution," 11 Empl. Rights & Empl. Pol. J. 139, 143 (2007).


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Hence, it is necessary that the with the plan of action as suggested above it is very much

essential to protect the safety and security of the ethnic minority at workplace-if one wants

to, honestly, make this world a global village.

Ethnicity and Human Rights-The Impact of Color On

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