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The fair labor standards act modifications.

The Main Features of the Fair Labor Standards Act The Fair Labor Standards Act (FLSA), a piece of federal legislation, establishes standards for full-time and part-time workers in the public and commercial sectors, covering minimum wages, overtime compensation, record keeping, and child labor regulations. According to the law, employers must...

Equal Employment Opportunity Laws

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The Janus v. American Federation of State Case

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Hostile Environment and Sexual Harassment at Work

Sexual harassment is pervasive in today’s settings and may have devastating effects. When people think about sexual harassment, they often picture an environment where sexist remarks and jokes are commonplace. Harassment of any kind is unacceptable in the workplace, but sexual harassment, in particular, has far-reaching consequences, from decreased productivity...

Employee Rights and Their Protection by Trade Unions

Human rights are the inalienable property of all human beings, without distinction based on nationality, place of residence, sex, national or ethnic origin, color, religion, language, or any other aspect. Collins (2022) shows that all organizations must respect human rights throughout their value chains, regardless of the ability or willingness...

The Employment Termination Requirements

Introduction Employers are required by law to give employees written policies before terminating a team member. Employers should make it plain to all workers what behavior will result in a dismissal without the customary amount of notice or compensation instead of information, given the needs of the employer’s business. The...

Trade Unions in the Modern World

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Repetitive Injury Motions in the Workplace

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The Acas Code of Practice on Disciplinary and Grievance Procedures

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Unionization in Fast-Growing Manufacturing Organization

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Vicarious Liability and Its Limitations in Employment Relationships

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The Lilly Ledbetter Act: History and Effects

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Major League Baseball and the Major League Umpires’ Association

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Researching of Employment Laws

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Minimum Wage and Wage Policy: Article Summary

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Americans with Disabilities Act of 1990

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Constructive Dismissal in Employment Law

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Trade Unions: Importance in the Modern World

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The Employment Law in the UK: Analysis

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Equal Pay Act of 1963: History and Analysis

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The National Labor Relations Act in Boeing’s Case

It is not uncommon for giant corporations to be accused by independent federal agencies of illegal acts of retaliation against union workers. The federal government lacks the legal power to stop a corporation from growing or constructing a new unit in another state (Magaldi & Sales, 2020). Unfortunately, that is...

Railway Labor Act of 1926 and National Labor Relations Act of 1935

Due to their status within organizations, employees require protection against being exploited. Specifically, the opportunity to have their rights protected by the labor union represents an essential requirement in the workplace setting. In turn, employers should be provided with the guarantee of staff members refraining from disrupting the company’s performance....

The Impact of Marijuana Legalization on Oklahoma Employment Law

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Americans with Disabilities Act Misapplication at Amtrak

Americans with Disabilities Act (ADA) is an equal employment opportunity law passed in 1990 so that disability would not be used as a reason for discrimination in employment. However, ensuring the proper application of the ADA in various organizations across the country has proved challenging, as evidenced by the considerable...

The Wagner Act’s Impact on Workers’ Rights

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Title VII of the 1964 Civil Rights Act

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Workplace Conflict and Employment Laws

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Equal Pay and Pay Discrimination

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Employment Laws and Regulations, Essay Example

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Employment laws and regulations are very essential for the task of ensuring and sustaining cordial relations between employers and employees. As of 1968, writes Weiler, within the preceding 25 years, 29 states in the United States had enacted fair employment laws that prohibit any form of discrimination on grounds of country or region of origin, creed, race, and color (12). Today, in all these states and many others, the orders of the agencies that administer these laws can be enforced judicially and failure by the concerned employers to comply with these orders may lead to imprisonment as well as fines.

Landes notes that during the period within which majority of states in the U.S enacted employment law that prohibited all forms of discrimination, about 50 municipalities had established commissions that dealt with discrimination (507). These commissions, says Landes, had been put in place without the power to enforce the newly-enacted laws, but with a design that made it possible for them to supplement the existing state commissions (507).

However, discrimination is not the only issue that should be addressed by employment laws and regulations. Weiler highlights a case whereby Luck, an employee with South Pacific Transportation company was awarded almost half a million dollars for objecting to the company’s newly conceived regulation that required all employees to be randomly sampled so that those who were selected would undergo a drug test. Luck had been fired for refusing to undergo the test (1).

Weiler observes that Luck’s case is the first one that he has ever heard of whereby the grounds for an employee’s dismissal, which the employee believed to be wrongful, were put under scrutiny after the aggrieved party sought legal redress(2). The case of Luck touches on issues of employees’ personal privacy. It also touches on matters of whether a simple test can be prioritized over past performance record of workers. It also highlights the issue of whether a program that is executed on a random basis should be generalized on the entire employee population. These are important issues that employment laws and regulations are meant to address in great detail.

All contemporary disputes that take place in the workplace have a legal dimension to them. Some of the most commonly legally contested issues include use of lie detector tests, drug tests, pay equity especially in case of jobs that are considered to be “traditionally for women”, affirmative action in the case of minority workers, closings of plants and mass layoffs that affect all employees. Employment law is important since it is always used to determine whether an issue like an employee drug test should be voluntary or mandatory.

Weiler observes that in recent years, private litigation cases have proliferated (2). It is debatable whether people like Luck always have to consult external sources of help whenever they feel that the management is overstepping its mandate of performing governance tasks within a business, organization or institution. On this same note, Weiler is quick to add that rarely are politicians in the American setting preoccupied with the subject of employment, meaning that it enjoys very limited popular critical appeal (2). This is not good since work and employment issues are very important in the development of every country. This is evident in Weiler’s observation that at any given time, about one hundred million Americans are employed in order to support themselves directly and to contribute their usual share towards the national economy, which, on average, stands at three quarters of the country’s gross national income (2).

Landes notes that for a long time, legislators and civil rights organization have been advocating for enactment of new laws on employment to replace the ones that have been in force for many years, if not centuries. (507). No wonder throughout the eighties, many economists and human resource management scholars intensified efforts to introduce different intellectual perspectives into the employment law reform debate. As Weiler says, these reforms, the scholars seemed to emphasize, were very crucial considering the importance that people were trying to attach to the world of work (10).

According to the United States Department of Labor, there are three core issues that a good employment law guide should address (1). These include (a) the law in its literal sense, (b) regulations governing conduct in the workplace and (c) regulations regarding technical assistance services. Within this framework of categories, the United States Department of Labor institutes a seven-point legal framework. The items contained in this framework include: wages and hours worked; safety and health standards; retirement standards, health benefits and workman’s compensation; workplace standards such as lie detector tests and whistleblower and retaliation protection; and federal contracts with regard applicable working conditions; and equal employment opportunity.

The pros and cons of employment laws and regulations

Weiler says that all organizations should be concerned about employees’ problems when enacting employment laws, adding that this is the only way through which a good policy of collective bargaining can be arrived at (8). When there is collective bargaining, it becomes very easy for different workplace problems to be settled privately, locally and voluntarily.

However, the institution of the workplace, owing to its nature that attracts public interest and scrutiny, requires some form of statutory regulation and legal influence. Cooper cites the example of the National Labor Relations Act, which came into existence more than a decade ago in order to encourage employees to organize themselves in the appropriate manner so that viable ideals of collective bargaining can be achieved with relative ease. (599). According to Cooper, this remains a very effective tool of protecting employees from being on the receiving end of coercive force coming from employers (600).

Employment laws and regulations are always very important in the sense that they facilitate arbitration of personnel matters  relating to choice of the optimal mix of workers, hours-employment trade-offs, the question of whether a firm should hire permanent or temporary workers, optimal compensation schemes, management of adverse selection processes, job destruction and human capital and training investment.

One of the greatest cons of employment laws and regulations is the assumption that labor markets the world over follow perfect competitive patterns, something that rarely happens. The reality is that the labor market is full of imperfections. Matters relating to issues of temporary help, retirement benefits, workman’s compensation and provision of training are very sensitive. It is impossible to ensure stability in the labor market without the existence of an employment law that is applicable across the labor spectrum, under all economic circumstances.

Employment laws are often legislated with reference to the most fundamental assumption being that economic times are unchanging, as if there is a certain form of equilibrium that should be considered as a reference point. However, this is seldom the case. Economic recessions are a reality and whenever they happen, employers are left with no any other feasible option but to lay off workers.

The current employment laws, if not properly enforced can be used to bring about fundamental personnel regulatory weaknesses within individual firms. Although it may be difficult to prevent bad, often ephemeral labor laws, from finding their way into statute books, business owners, heads of institutions and organizational leaders can come together to form regulatory networks whose regulations may be binding in all members of the network.  This is a very effective way of creating an active industrial policy that accommodates the views of as many stakeholders as possible.

HR practices to address the topic: Give specific guidelines on how HR can develop programs and/or policies to handle this issue

The effectiveness of employment regulations and laws depends largely on the approach that HR departments take towards their implementation. HR departments have the authority to offer guidelines on matters of restriction of workers’ freedom, grounds for their dismissal, limits on the extent to which workers can use temporary work agencies, limits on time shifts, night work and weekly hours and limits on how employers do part-time work. In other words, the manner in which the HR handles work-related issues determines whether employees will feel the need for legal redress or not.

Employment regulation affects patterns of work both directly and indirectly. For instance, the manner in which temporary work is regulated determines frequency of incidences of temporary work that are observed as well as the actual hours during which employees commit themselves to work. This may also bring about indirect effects such as induction of shift in the employment structure towards forms of work that are not regulated. Employment regulations, owing to their far-reaching effects on macroeconomic variables and aggregate employment effects, should be handled very sensitively. For this reason, it is not possible to enact employment laws without the active participation of HR officials and employees alike.

Employees, if left unsupervised, can make use of existing labor laws and regulations in order to exploit their employers. The converse applies to employers. However, within employer settings, the HR function is very fundamental since it is the work of the human resource department to initiate the selection process without which a contract between employer and employee can never exist.

In the process of executing their mandate, HR managers should put into consideration the views of both the management of the organization and the employees. Where no platforms of addressing the needs of employees exist, HR professionals should always refer to laws governing the rights, responsibilities and obligation of employees. From this reference point, an ideal employee regulatory framework, one that can never come into loggerheads with the law, can be put in place.

Examples of issues that can be addressed through regulations derived from existing employment and labor laws include the duration of notice that should be given before a lay-off comes into effect and the amounts of severance pay that should accrue to employees and under what circumstances that this should happen. However, the legal constraints that affect such regulations differ from one country to the other.

Enforcement of employment regulations within the provisions of the law is a very complicated thing for the HR department of any organization to do. It is a matter that calls for liaison between the department and the organization’s legal office. Alternatively, HR officials may do it on their own if they have many years’ experience of dealing with employee regulation issues as well as the confidence to do it.  A good starting point is composing an employment contract whose wording is legally admissible. Such an employment should imply a collective agreement between employer and employee upon signing by the employee.

Human resource managers should beware of unclear legislations that leave it upon judges to make decisions in matters of contention between employers and employees or their representatives. When regulation is required in such matters, the consent of both parties should be emphasized in order for both parties to the dispute to avoid far-reaching legal implications.

Normative approaches to collective agreements through government decrees constitute another option that human resource managers should use whenever they are called upon to do so. In most cases, any democratic government does not announce such decrees unless they are meant to benefit employees as well as employers in a certain branch or sector within an industry.

In conclusion, employment laws and regulations play a very crucial role in cultivating mutual interdependence between employers and employees in the workplace. As Weiler observes, any issue that affects performance of an employee should be addressed either through statutory provisions or through regulation by employees (10). In either case, the imperfections of labor and employment laws should be addressed through collective bargaining agreements between employers and employees. In some cases, governments put decrees in place in order to bring about immediate solutions to pressing employer and employee problems. It is the responsibility of human resource managers to ensure that the rights, obligations and responsibilities of the organization as well as employees are safeguarded at all times.

Works Cited

Cooper, George and Sobol, Richard. “Seniority and Testing under Fair Employment Laws: A General Approach to Objective Criteria of Hiring and Promotion” Harvard Law Review, 82.8 (1969): 598-1679.

“Employment Law Guide.” United States Department of Labor. 01 Jan. 2010. 05 Apr. 2010. <http://www.dol.gov/compliance/guide/>

Landes, William. “The Economics of Fair Employment Laws” The Journal of Political Economy, 76.4, (1968): 507-552.

Weiler, Paul. Governing the Workplace: The Future of Labor and Employment Law. New York: Routledge, 1990.

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Employment Law Essay Examples

Employment law is a code of conduct that protects workers’ rights, disregards discrimination, and promotes fair and safe workflow. Simply put, it is an aspect of the constitution that governs the relationship between company executives and employees. This interesting concept has its foundation in the industrial revolution. Any profound essay on employment law in USA analyzes state and federal legislative bodies to treat workers with the utmost respect. These regulations work to promote the health and safety of workers, prevent discrimination, provide economic support, and manage the labor workforce. An analysis following employment law essay examples explained a bill that disregards workplace discrimination based on color, race, national origin, or religion. This rule was later propounded as TITLE VII, which is now a crucial part of the Civil Rights Act of 1964. Another famous example is the Fair Labor Standards. Most college curricula may include writing paper projects on the importance and examples of employment laws. You can visit any online knowledge bank of free employment law essays written by professional writers.

Table of Cases Balgobin v Toer Hamlets 1987 Broadbent v Crisp (1974) (Nairns p105) Burton and Rhule v de Vere Hotels [1996] (Nairns p 63) De Souza v AA (1986)). Jones v Tower Boot co. 1997 Lincolnshire Police v Stubbs [1999] IRLR 81, EAT Livesey v Parker Merchanting Ltd Mrs Rea Moonsar v Fiveways Express […]

Sandy Baratta (former Oracle Vice President for Global Alliance) vs Oracle (software and Hardware Company). 2000-San Fransisco. Sandy Baratta claimed to have been fired for her pregnancy and whistle blowing against co-workers. The pregnancy termination claim was based on some deprecating comments made to her by the Oracle Vice President about pregnant executives. Sandy claims […]

Many perceive the Ricci v. DeStefano case as adding to the confusion and misunderstandings surrounding Affirmative Action, the Civil Rights Act of 1991, and disparate-impact discrimination. It is often seen as an instance of reverse discrimination, with some arguing that it was necessary to address this issue. However, there are those who think this decision […]

A labour law instrument known as an employment contract delineates the responsibilities and rights of its associated parties. The contract involves two parties, one termed the “employee,” who is “hired” by the other party referred to as the “employer.” This agreement has roots in the master-servant legislation prevalent before the 20th century. In broad terms, […]

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Essay Samples on Employment Law

Relevance of changes in canadian employment law.

Introduction A career is significant for each individual because of numerous advantages. A decent and stable career, for example, gives stability and genuine feelings of serenity throughout everyday life. Being guaranteed a stable income flow, we are spared a lot of stress and uncertainties that...

• Employment Law

Lawyers' Interesting World of Employment Law

Anna and her boss, David, got into a big argument. Anna got paid less than her co-worker John for the same job position, causing them to argue. Their gender causes their only difference. The clients utilize an employment lawyer to attempt to resolve this issue....

Regulation of the Relationship between Employees and Employers within the Employment Law

This essay comprises in extent the variant kind of relationships that may be found in the organizations. Particularly, the contrasts in regulation and common law between a worker, an employee and independent contractors are advised and the variant kind of agreement that command the employment...

Employment Act & Its Parts

Employment Act started in year 1968 and there were a few amendments since it been set to cater to the evolution of the working industries. It sets out the basic terms and conditions of employment and outlines the basics rights and duties of employers and...

Best topics on Employment Law

1. Relevance of Changes in Canadian Employment Law

2. Lawyers’ Interesting World of Employment Law

3. Regulation of the Relationship between Employees and Employers within the Employment Law

4. Employment Act & Its Parts

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Crash of a Tupolev TU-154B-1 in Omsk: 178 killed

Right to disconnect laws have begun. Here's what you should know

By Georgie Hewson

Topic: Small Business

Flexibility to work from home has allowed more people to join the workforce.  ( Pexels: Vlada Karpovich )

Australia's right to disconnect laws for non-small business owners have now come into effect. 

It means Australians will have the legal right to ignore all work communications out of working hours when deemed reasonable. 

So what does it mean and what are your rights?

What is the right to disconnect?

This means that outside their working hours, employees can refuse to monitor, read or respond to contact or attempted contact from :

• their employer, or
• another person if the contact is work-related (for example, work-related contact from clients or members of the public)

Who do the new laws apply to?

It applies to all Australian businesses with over 15 employees.

So wait, can employers no longer contact staff after hours at all?

Not quite. 

The law will not restrict managers from contacting employees whenever they wish .

But it does give employees the right to refuse to monitor, read or respond to contact from their employer outside work hours unless that refusal is deemed unreasonable. 

For example, a manager can send an email after work hours but the employee is not obliged to respond unless it is deemed 'reasonable' for them to do so . 

Rulings over the “reasonableness” of an employee refusing to respond to work communications out of hours will ultimately be determined by the Fair Work Commission.

When is the employee's refusal unreasonable?

The employee's refusal to monitor, read or respond to contact or attempted contact will be unreasonable if the contact is required by law. 

If it is not required by law there are certain matters to consider when deciding if the employee's disconnection is unreasonable. 

the reason for contact.

how the contact is made.

how much disruption the contact causes the employee.

any compensation the employee receives to be available to work when the contact is made or to work outside their ordinary hours.

the employee's role and their level of responsibility.

the employee's personal circumstances, including family and/or caring responsibilities.

What are the penalties?

If an employee raises concerns regarding an employer's continuous contact out of work hours, the employer could receive a fine of $18,000. 

What if there is a dispute?

Disputes about an employee’s right to disconnect should first be discussed and resolved at the workplace level.

If that isn’t possible, employees or employers can go to the Fair Work Commission to deal with a dispute.

You can read more about that on the FWC's right to disconnect disputes page . 

Do they do this overseas?

Other countries have adopted right to disconnect laws of varying degrees in the past few years. 

France is a pioneer, making it mandatory for companies with more than 50 employees to establish parameters for after-hours communication in 2016. 

Other countries that have adopted such laws are Belgium, Italy, Luxembourg, Spain, Slovakia, Argentina, Chile, Mexico, Ireland and the Philippines. 

What about small businesses?

There is a little more time for small businesses in Australia. 

The laws for small businesses will come into effect August 26, 2025.

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Employment Law: Worker Termination and Dismissal Essay

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The school board had a cause to fire this secretary because her behavior could harm the reputation of this educational organization (“High school secretary fired,” 2011, p. 12). Moreover, by tolerating such actions, school administrators could set wrong examples for the students.

• An employment contract is frustrated when one of the parties is not able to meet its obligations. For instance, one can speak about such circumstances as terminal illness, death, imprisonment, severe injury, and so forth.
• While determining reasonable notice, companies should focus on such aspects as the age of a worker, the length of employment, the health of an employee, and the availability of jobs in the community.
• The main benefit of working notice is that business administrators can use the services of an employee and derive extra value from his/her performance. Yet, some drawbacks should be considered.

In particular, a disgruntled employee, who has access to confidential information, can use these data to harm the company. Moreover, people can act in a retaliatory way while serving the working notice. If there is such a risk, businesses should not prefer this option.

• The worker’s duty to mitigate means that he/she should seek comparable employment in the industry. In other words, this individual should take steps to reduce the impact of wrongful dismissal on him/her.
• Such a notion of constructive employment means that an employee quits his/her job because working conditions have become intolerable. In this case, one can speak about such issues as the hostility of other employees, violation of employment contracts, or poor working conditions. In this case, an employee owes the duty to mitigate the damages. In other words, he/she should also seek employment.
• A wrongfully-dismissed employee can receive such termination damages as lost pay, compensation related to emotional distress, attorney’s fee, or the costs of searching for a new job. In other words, this person should be compensated for the losses that occurred as a result of wrongful dismissal.
• several strategies can be used to avoid wrongful dismissal claims. At first, businesses administrators should accurately document every incident related to an employee’s performance. This documentation can later be used to show that a person was not fired without a good cause. Secondly, it is necessary to develop clear rules which show what is expected from a worker.
• While providing references to an employee, the representatives of a company should disclose information about any wrongful or illegal act committed by a worker. Yet, at the same time, business administrators should remember the risks of a defamation lawsuit filed by a former employee. Additionally, they should not disclose confidential information to avoid legal conflicts.
• Employee insurance can be offered to a person if he/she can meet certain requirements. For instance, one can speak about the failure to find a job due to the factors that are not dependent on an employee. Secondly, it is necessary to mention such events as sickness, childbirth, or the need to support a close relative.

The article Wrongful Dismissal Made Easy written by Milena Celap (2011) includes instructions that help employers avoid problems related to the termination of workers. This author focuses on the timely documentation of violations committed by a worker (Celap, 2011, p. 11). Additionally, managers should clearly explain what kind of mistakes a worker could have made. In this way, business administrators can enable these people to meet the requirements of a company. Additionally, it is necessary to identify the behavioral rules and expectations that employees should meet.

Reference List

Celap, M. (2011). Wrongful Dismissal Made Easy . Web.

High school secretary fired for moonlighting in porn movie. (2011). Edmonton Journal , p. 12.

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Examples of Institutional Racism: What It Is and What You Can Do

Institutional racism is everywhere, from healthcare to housing to education to employment. Examples of institutional racism include instances of police brutality, reduced funding for predominantly Black schools, as well as racial gerrymandering.

The impact of institutional racism is far-reaching and a vicious cycle that takes a toll on people and society. Here's an overview of the historically prevalent discrimination that affects the Black community.

What Is Institutional Racism?

Policies and power structures rooted in White privilege maintain institutional racism, or systemic racism. Interpersonal racism shows up in biases for and against others based on race. Institutional racism, in contrast, is embedded into the structures of society. It leads people of different races to have different outcomes regarding housing , employment, health, finance, and education.

"Institutional racism is different and more implicit than interpersonal racism. It's come to the forefront of the national conversation after the murder of George Floyd and the protests for racial equity across the country [in 2020],"  Beth Beatriz, PhD , a researcher specializing in health equity, told  Health .

Legal segregation and Jim Crow laws previously publicly encoded institutional racism across the country. Modern policies and signage don't frequently identify institutional racism, but biases in favor of White people still exist in coded forms. These restrictions often have an unfair outcome in Black communities.

"Declaring certain hairstyles 'unprofessional' historically restricted qualified Black candidates from gainful employment," Nance Schick , an attorney and mediator based in New York, told  Health . "Despite the CROWN Act of 2020 [which prohibits discrimination based on hair texture or style], there are still employers who have restrictions on hair, particularly dreadlocks and natural hair." 

Examples of Institutional Racism in the U.S.

Institutional racism is prevalent in the United States across just about every sector. You may see examples of institutional racism in education, health, policing, and more.

School funding based on property values and residential taxes, combined with racial segregation in housing, has led to systemic underfunding of predominantly Black schools. Low-poverty districts that are primarily White spend almost $2,000 more per student than low-poverty districts where most students are people of color. This often results in poorer test scores and learning outcomes for Black students at underfunded schools.

The U.S. healthcare system has historically discriminated against non-White populations. Many healthcare facilities that predominately serve Black communities lack the funding, resources, and staff to deliver adequate healthcare. Poor healthcare services lead to adverse health outcomes.

Black women are as much as four times more likely than White women to experience a pregnancy-related death in the United States. Research has found that inadequate access to prenatal healthcare raises the risk of maternal mortality, in addition to healthcare providers' racial biases.

The COVID-19 pandemic also highlighted inequities in the U.S. healthcare system. Lack of access to healthcare services, such as COVID testing , led to a disproportionate number of infections and deaths among minority groups. Research has shown that COVID outcomes among non-White populations directly result from racist U.S. healthcare policies.

Where a person lives and the conditions of their neighborhood greatly impact their health outcomes. Residents of impoverished neighborhoods demonstrate a high risk of poor physical and mental health outcomes, such as:

• Depression or anxiety
• Heart problems

"The historical practice of 'redlining' is an example of a racist institutional policy still felt today," said Beatriz. Redlining happened when banks refused to lend money for mortgages in communities with large proportions of people of color. The banks considered these communities to be "hazardous."

The effects of redlining have persisted, despite it being outlawed in 1968. The Urban Institute reported in 2017 that the homeownership rate for White households was 71.9%. The rate for Black households, in contrast, was 41.8%.

This racial residential segregation is the cornerstone of Black and White disparities. "The inequities built into low-income housing is a fundamental cause of health disparities between [Black and White people]," Marsha Parham-Green, the executive director of the Baltimore County Office of Housing, told  Health .

"Concentrated poverty, safety, and segregation, as well as other social and community attributes, further contribute to stress and deterioration of health," said Parham-Green. "Those who are most vulnerable—children and the elderly—are most adversely affected by unstable housing conditions."

Law and Policing

Black people are roughly five times as likely as White people to report being unfairly stopped by the police. Black Americans are also more likely to suffer the ill effects of racial profiling. Racial profiling is stereotyping a person based on assumed characteristics of a racial or ethnic group rather than the individual.

Police brutality is an ongoing problem in the United States, disproportionally affecting Black communities. Black people face an adverse risk of poor health outcomes as a result, such as:

• Death from injuries sustained by the police
• Health complications that increase the risk of death
• Unfair arrest and incarceration

Economically-based discrimination goes hand-in-hand with interpersonal racism. Business loan officers may require Black applicants to have higher credit scores and income levels than White applicants. This discrimination may become an example of institutional racism if it's widespread.

An investigation in 2018 by the National Fair Housing Alliance found economic discrimination regarding car loans. Non-White applicants who experienced discrimination would have paid an average of $2,662.56 more over the life of the loan than less-qualified White applicants. The investigators also found that White applicants were offered more financing options than non-White applicants 75% of the time.

Some state elected officials denied early and mail-in voting for non-White voters. Black voters' ballots in North Carolina were rejected at more than three times the rate of White voters during the 2020 U.S. general election.

The U.S. Postal Service also removed hundreds of sorting machines, a form of institutional racism. "Mail delivery was slowed down, and residents over-indexing with a Black population couldn't get their mail," Lauren Raysor , an attorney and founder of the Mount Vernon Coalition for Police Reform, told  Health .

Another form of institutional racism in politics is gerrymandering. Gerrymandering determines electoral districts, which decide the outcomes of state and federal elections. There's one U.S. representative from each district. Census data, which the U.S. government collects every 10 years, influences redistricting.  

Racial gerrymandering happens when people in positions of power redraw district lines to suppress minority voices. Take, for example, a community largely made up of Black voters. The likelihood of Black voters being accurately represented decreases if lawmakers gerrymander that community into several districts.  

How To Be an Ally

Institutional racism hurts society, squashing innovation and creating an environment that breeds unhealthy stress and burnout. Those affected will continue to be a part of a cycle of despair and disenfranchisement if institutional racism continues as the status quo.

"Black Americans who call out institutional racism are often gaslighted,"  La Shawn Paul , mental health expert and diversity and inclusion strategist, told  Health . "To address any problem, you must first acknowledge its existence. Silence is complacency."

According to Schick, people can combat institutional racism by making the following changes:

• Don't stop with one Black friend and think you know enough about the Black experience. One person does not represent an entire group of people.
• Go to town halls, school board meetings, and other places where people are discussing solutions. Protests and books are great for creating awareness. But then, it's time for solutions at every level.
• Speak up when you see changes that can be made. Sometimes, the change is in a policy. Other times, change is as small as an individual's behavior.

"It's getting harder for all of us to claim ignorance. It's time to make a change," said Schick. "Perhaps that is where it begins, with pure intention. Adding courage and action, big changes can occur. We likely have to do some deep soul-searching first and accept that it will be uncomfortable. Nevertheless, this is where we must begin. Again."

A Quick Review

It's not as obvious as in previous generations, but institutional racism affects people of color profoundly. Examples can be as subtle as a lack of spending on public schools in economically disadvantaged areas serving minorities.

Institutional racism is pervasive and can affect every aspect of peoples' lives, from their finances to their education and physical and mental health. The best way to fight institutional racism is to become aware and active in changing the policies and behaviors perpetuating it.

EdBuild. Nonwhite school districts get $23 billion less than white districts despite serving the same number of students .

American Academy of Family Physicians. Institutional racism in the health care system .

Howell EA. Reducing disparities in severe maternal morbidity and mortality .  Clin Obstet Gynecol . 2018;61(2):387-399. doi:10.1097/GRF.0000000000000349

Gadson A, Akpovi E, Mehta PK. Exploring the social determinants of racial/ethnic disparities in prenatal care utilization and maternal outcome .  Semin Perinatol . 2017;41(5):308-317. doi:10.1053/j.semperi.2017.04.008

Yearby R, Clark B, Figueroa JF. Structural racism In historical and modern US health care policy .  Health Aff (Millwood) . 2022;41(2):187-194. doi:10.1377/hlthaff.2021.01466

Pacheco CM, Ciaccio CE, Nazir N, et al. Homes of low-income minority families with asthmatic children have increased condition issues .  Allergy Asthma Proc . 2014;35(6):467-474. doi:10.2500/aap.2014.35.3792

Urban Institute. Breaking down the Black-White home ownership gap .

Pew Research Center. 10 things we know about race and policing in the U.S. .

Alang S, McAlpine D, McCreedy E, et al. Police brutality and Black health: Setting the agenda for public health scholars .  Am J Public Health . 2017;107(5):662-665. doi:10.2105/AJPH.2017.303691

Board of Governors of the Federal Reserve System. Availability of credit to small businesses .

National Fair Housing Alliance. Discrimination when buying a car .

ProPublica. In North Carolina, Black voters mail-in ballots much more likely to be rejected than those from any other race .

NAACP Legal Defense Fund. How redistricting works — and how you can get involved .

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Kamala Harris Begins to Sketch a New Economic Vision

By Jen Harris

Ms. Harris served as the senior director of international economics on the National Security Council and National Economic Council.

Kamala Harris is beginning to offer the first definitive clues of a new economic vision — one with the potential not only to offer a unifying vision for the Democratic Party but also to serve as the foundation for a governing philosophy that crosses party lines.

In recent years, both parties have broken with a markets-know-best default setting. The question is, what comes next?

One influential school of thought , advanced by Ezra Klein and Derek Thompson, argues for increasing the supply of essentials such as housing, health care and clean energy, in part by using government to break the choke points that make these goods too scarce and costly in the first place. This has truth — the much-criticized million-dollar-toilet problem gets at something real.

But it doesn’t fully reflect the realities of how powerful interests hold captive parts of our economy, and then our political system. A second intellectual camp focuses on these forces, and its avatars include Lina Khan, the chair of the Federal Trade Commission and the modern antitrust movement, and the U.A.W. leader Shawn Fain and re-energized labor unions. Yet it, too, is incomplete as a governing wisdom, as it lacks affirmative answers for our largest challenges, like how to decarbonize quickly and at scale, and how to contend with a rising geopolitical competitor in China.

Ms. Harris’s early proposals suggest she is drawing from both strands in telling a more holistic and entirely new story about how the economy works and the aims it should serve. Put differently, her slogan “We’re not going back” might well extend beyond political and social rights to include a different brand of economics.

This new story has two themes — call them “build” and “balance.” The first focuses on pointing and shaping markets toward worthy aims; the second corrects upstream power imbalances so that market outcomes are fairer and need less after-the-fact redistribution.

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