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13 Jun 2019, 11:28
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Over the past two decades, courts have gone far in their interpretations
of civil rights legislation to ensure African-American participation
throughout the work force. Much ground has been gained in this fight
against an institutionalized inequality that has become ingrained in our
collective psyche. There are some, though, who remain concerned that
the situation of African-American managers has made only limited
progress in certain industries.
It is particularly disturbing to find relatively few African-American
executives in an industry whose work force consists primarily of African-
Americans, namely professional team sports. In the 2001 Racial and
Gender Report Card published by the Centre for Sport in Society of
Northeastern University, which analysed the composition of players and
administrators in professional leagues, only the Women‘s National
Basketball Association and the National Basketball Association scored
well. According to the report, generally ―who‘s running the league doesn‘t
look like who‘s playing in the league.‖ Questions are being posed as to
whether general employment principles are properly applicable to the
sports business, or whether the sports industry in fact enjoys a special
status similar to baseball‘s antitrust exemption. With a growing number
of African-Americans achieving the educational standards as well as the
practical experience required for executive positions, it is foreseeable that
the professional team-sport industry will soon face challenges to its
executive employment decisions.
The organizational structures of clubs and leagues are similar to other
large businesses. It is within these two organizations that the absence of
African-American executives is most noticeable. Some professional club
owners justify the absence of African-American executives at these levels
by alluding to clubs‘ and leagues‘ organizational structure as being
familial in nature. Whether this characterization justifies the exclusion of
African-American executives is questionable at best.
The sports industry is within the purview of Title VII of the Civil Rights
Act of 1964, which exists to prohibit intentional discrimination in
employment on the basis of race, colour, religion, sex or national origin.
However, recent legal developments call into question whether the
principles applied to assure lower level jobs will be applied to protect
African-American executives from discrimination while seeking upper
level positions. The courts have traditionally been willing to assess an
applicant‘s qualifications in resolving claims of discrimination. Yet courts
in upper level cases often profess a lack of expertise and refuse to assess
an applicant‘s qualifications.
The Supreme Court has not yet confronted the issue of which Title VII
standards and rules should apply to discrimination cases involving
African-American executives. Lower federal courts have seemingly begun
to distort these standards in cases involving executive and professional
employees. Given that executive positions have unique characteristics,
resolution of these actions becomes all the more difficult. Rules
developed to deal with lower level Title VII cases may not always be
applicable to executive employment cases.
of civil rights legislation to ensure African-American participation
throughout the work force. Much ground has been gained in this fight
against an institutionalized inequality that has become ingrained in our
collective psyche. There are some, though, who remain concerned that
the situation of African-American managers has made only limited
progress in certain industries.
It is particularly disturbing to find relatively few African-American
executives in an industry whose work force consists primarily of African-
Americans, namely professional team sports. In the 2001 Racial and
Gender Report Card published by the Centre for Sport in Society of
Northeastern University, which analysed the composition of players and
administrators in professional leagues, only the Women‘s National
Basketball Association and the National Basketball Association scored
well. According to the report, generally ―who‘s running the league doesn‘t
look like who‘s playing in the league.‖ Questions are being posed as to
whether general employment principles are properly applicable to the
sports business, or whether the sports industry in fact enjoys a special
status similar to baseball‘s antitrust exemption. With a growing number
of African-Americans achieving the educational standards as well as the
practical experience required for executive positions, it is foreseeable that
the professional team-sport industry will soon face challenges to its
executive employment decisions.
The organizational structures of clubs and leagues are similar to other
large businesses. It is within these two organizations that the absence of
African-American executives is most noticeable. Some professional club
owners justify the absence of African-American executives at these levels
by alluding to clubs‘ and leagues‘ organizational structure as being
familial in nature. Whether this characterization justifies the exclusion of
African-American executives is questionable at best.
The sports industry is within the purview of Title VII of the Civil Rights
Act of 1964, which exists to prohibit intentional discrimination in
employment on the basis of race, colour, religion, sex or national origin.
However, recent legal developments call into question whether the
principles applied to assure lower level jobs will be applied to protect
African-American executives from discrimination while seeking upper
level positions. The courts have traditionally been willing to assess an
applicant‘s qualifications in resolving claims of discrimination. Yet courts
in upper level cases often profess a lack of expertise and refuse to assess
an applicant‘s qualifications.
The Supreme Court has not yet confronted the issue of which Title VII
standards and rules should apply to discrimination cases involving
African-American executives. Lower federal courts have seemingly begun
to distort these standards in cases involving executive and professional
employees. Given that executive positions have unique characteristics,
resolution of these actions becomes all the more difficult. Rules
developed to deal with lower level Title VII cases may not always be
applicable to executive employment cases.
Questions
1. Which of the following would be analogous to the situation described in
paragraph 2 regarding the absence of African-American executives in a field
with many African-American athletes?
A. The Board of a non-profit Protestant Church youth organization
consists solely of middle-aged men and women.
B. A social service agency, which serves minority and disadvantaged
youths, is run by a management team of suburban professionals.
C. Fewer than half of the managers of a national feminist bookstore
company, which employs mostly female cashiers and clerks, are
women.
D. A state anti-smoking campaign is organized and implemented by a
group of smokers and non-smokers.
E. A national basketball team only comprises player who weigh more than
100 kgs
paragraph 2 regarding the absence of African-American executives in a field
with many African-American athletes?
A. The Board of a non-profit Protestant Church youth organization
consists solely of middle-aged men and women.
B. A social service agency, which serves minority and disadvantaged
youths, is run by a management team of suburban professionals.
C. Fewer than half of the managers of a national feminist bookstore
company, which employs mostly female cashiers and clerks, are
women.
D. A state anti-smoking campaign is organized and implemented by a
group of smokers and non-smokers.
E. A national basketball team only comprises player who weigh more than
100 kgs
2. The author of the passage mentions the Supreme Court in the final
paragraph in order to:
A. prove that courts have been slow to respond to Title VII cases
initiated by African-American executives who have been denied
upper-level positions in professional team sports.
B. suggest that upper courts need to provide standards for the proper
application of Title VII posits in upper-level employment
discrimination cases.
C. explain that the lower courts have been more willing to handle
executive employment decision cases under the auspices of Title VII.
D. argue that the Judicial Branch of the federal government should set
precedents for treating executive employment cases that are
protected by Title VII.
E. praise the actions taken by the Supreme court with regards to the issue
of discrimination in sports
paragraph in order to:
A. prove that courts have been slow to respond to Title VII cases
initiated by African-American executives who have been denied
upper-level positions in professional team sports.
B. suggest that upper courts need to provide standards for the proper
application of Title VII posits in upper-level employment
discrimination cases.
C. explain that the lower courts have been more willing to handle
executive employment decision cases under the auspices of Title VII.
D. argue that the Judicial Branch of the federal government should set
precedents for treating executive employment cases that are
protected by Title VII.
E. praise the actions taken by the Supreme court with regards to the issue
of discrimination in sports
3. The author suggests which of the following about the relatively low number
of African-American executives currently employed in the sports industry?
A. It is attributable to flaws in the American educational system.
B. It is caused by baseball‘s antitrust exemption.
C. It is the result of African-American executives‘ lack of managerial
experience.
D. It does not compare favourably with the industry‘s labour force as a
whole.
of African-American executives currently employed in the sports industry?
A. It is attributable to flaws in the American educational system.
B. It is caused by baseball‘s antitrust exemption.
C. It is the result of African-American executives‘ lack of managerial
experience.
D. It does not compare favourably with the industry‘s labour force as a
whole.
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13 Jun 2019, 11:30
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Discussed here: over-the-past-two-decades-courts-have-gone-far-in-their-interpretatio-279838.html?fl=similar
Archived Topic
Hi there,
This topic has been closed and archived due to inactivity or violation of community quality standards. No more replies are possible here.
Where to now? Join ongoing discussions on thousands of quality questions in our Reading Comprehension (RC) Forum
Still interested in this question? Check out the "Best Topics" block above for a better discussion on this exact question, as well as several more related questions.
Thank you for understanding, and happy exploring!
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