by John Joy
According to one survey, almost half (42%) of U.S. workers have encountered discrimination in the workplace. When it comes to issues of discrimination, most companies are prohibited from discriminating on the basis of race, color, religion or sex by Title VII of the Civil Rights Act of 1964. In addition, most states have anti-discrimination laws that go beyond Title VII protections and many major cities also have anti-discrimination laws that apply on top of these.
Even with multiple layers of legal protections, victims of discrimination and racism can often find themselves facing an uphill battle when it comes to enforcing legal rights against a major corporation. These difficulties can be particularly acute if the victim has experienced discrimination at the hands of a publicly traded company.
Public companies are the driving force of the U.S. economy. Not only do they employ up to one third of the non-farm workers in the U.S., they comprise some of the largest, most profitable and most visible brands in the U.S. It’s no surprise that for most private companies and start-ups, the ultimate goal and measure of success is to ‘go public.’
When it comes to discrimination at public companies, victims can avail of all the anti-discrimination laws mentioned above. However, federal securities laws applicable to public companies may provide an additional and alternative way for anti-discrimination advocates to hold corporations to account.