16. An employer takes race or gender into account to achieve an affirmative action goal. Employees in the majority group allege they are harmed by the employer's consideration of race or gender in the hiring and promotion decisions. What is the basis for the employees' complaint?
Answer: D
Employees' complaint is based on reverse discrimination.
The employees in the majority group are alleging that they are unfairly treated due to the employer's consideration of race or gender in hiring and promotion decisions, which directly points to the concept of reverse discrimination.
A) Affirmative action
While affirmative action refers to policies that account for minority status to promote diversity, it does not specifically address the harm felt by majority group employees. Their complaint centers on the perceived negative impact of these policies on their own opportunities, rather than the policies themselves.
B) Disparate impact
Disparate impact refers to the occurrence when a policy disproportionately affects a particular group, even if not intentionally discriminatory. However, the employees' complaint is focused on their own disadvantage rather than the statistical outcomes of the policy, which makes this option less applicable.
C) National origin
National origin typically pertains to discrimination based on a person's birthplace or ancestry. This option is irrelevant to the context of the complaint, which is focused on race and gender considerations in hiring and promotions, not national origin.
D) Reverse discrimination
This option accurately captures the essence of the employees' complaint. They are claiming that the affirmative action policies that favor minority groups are detrimental to their own chances of employment or advancement, thereby constituting reverse discrimination.
Conclusion
The basis for the employees' complaint is clearly identified as reverse discrimination, as they feel harmed by the preferential treatment given to minority groups under affirmative action policies. Other options fail to encapsulate the specific nature of their grievance, which is centered on the adverse effects of such policies on majority group employees.