by Race in the Workplace special correspondent Erica

Justices Limit Discrimination Suits Over Pay - New York Times
This was the big story last week. “The court held today that employees may not bring suit under the principal federal anti-discrimination law unless they have filed a formal complaint with a federal agency within 180 days after their pay was set. The timeline applies, according to the decision, even if the effects of the initial discriminatory act were not immediately apparent to the worker and even if they continue to the present day.” “Under its longstanding interpretation of the statute, the [EEOC] actively supported the plaintiff, Lilly M. Ledbetter, in the lower courts. But after the Supreme Court agreed to hear the case last June, the Bush administration disavowed the agency’s position and filed a brief on the side of the employer.” All emphasis mine. I agree that the EEOC’s claim that discrimination occurs each time a person receives their biased paycheck is dubious, but the 180-day time limit is ridiculous.

Pay Discrimination Begins With Bias, Is Abetted by Pay Secrecy - Work in Progress
Lisa Takeuchi Cullen looks more at the pay secrecy aspect of the case. Namely, that bias in compensation stems from discrimination and you often can’t tell if you’re being discriminated against if you’re unaware that the pay gap even exists. Good discussion in the comments. Justice Ginsberg’s dissenting opinion is based on this issue.

Make sure company’s hires and fliers reflect its desire for diversity - The Boston Globe
As someone who has at times searched for a job, I wholeheartedly agree that I look for that projection of a diversity-valuing image and it does influence my perception of a company. But it’s a fine line, because as one of a few minorities in my current company, I’m also sensitive to being hand-picked to be in the poster. Also in that article is a Q&A about how to handle culturally (possibly unintentionally) insensitive language which reminds me of the white manager at work who always throws the fake gang sign to me and the two other black people at work. (Thx, Tereza!)

Why Minorities Hold Few Top Spots in Corporate America - exduco.net Graduate Schools and Programs Guide
“In fact, social psychologists’ research shows that Hispanics form the largest nonwhite population group and are the fastest growing, while Asian Americans have best education and job credentials, the two groups are least represented in top jobs, [researcher Clayton] Rose said. He cited organizational theory by social psychologists, which shows that ‘race gets in the way’ of work group performance because of such issues as cohesion, integration, conflict, turnover, and attachment. ‘It’s particularly problematic for whites, who really try to opt out of these racially mixed groups,’ Rose said.” (Thx, Tereza!)

Black Faculty in Higher Education: Still Only a Drop in the Bucket - The Journal of Blacks in Higher Education
“Overall, it appears that results largely depend on whether the faculties that control hiring at particular universities have a strong commitment to developing a racially diverse teaching corps. Much depends, too, on who has the power to hire faculty. At most prestigious universities the authority to engage faculty tends to be lodged in the departments concerned. University presidents and deans have little or no say in the hiring process. At best they can cajole members of the various departments involved or provide monetary incentives to hire black scholars…. Faculty departments traditionally explain their poor performance on the grounds that there are no qualified African Americans in the Ph.D. pipeline. But the fact that many of our great universities have been highly successful in recruiting African-American faculty tends to show that the ‘no blacks in the Ph.D. pipeline’ thesis is at worst a red herring and at best a weak explanation for poor results.” (via Workplace Blog)

JB Fuqua and the Trappings of Success - Do You Need Them? - Businesspundit
“I wonder if it would make a difference if I showed up in a shiny BMW. Knowing my age, what I make, and my financial situation, I tend to be a skeptic when I see people in flashy clothes and cars, assuming it’s all debt that will come back to bite them. Or is it an investment? Is it an investment in social perception? This is the issue I struggle with sometimes. Does the image of success actually drive success? Does it influence others enough to make it worthwhile?” And I’ll add the question of whether or not minorities feel added pressure to look good to shore up the perception that their work doesn’t already speak for itself.

Race as disability - The Gimp Parade
A white man and his Dominican wife conceived via in-vitro fertilization, and the baby came out darker than either of them. “And because the wrongful life suit (rejected by the judge) on Jessica’s behalf claims she will suffer physical and emotional stress from having darker skin than her family, race is made here to be a kind of disability. Disability, after all, is not only about actual impairments, but also perceived impairments — the ADA recognizes this fact of the social stigma of disability.”

Recommended Reading is a weekly feature where we link to some of our favorite workplace-related blog posts and articles. If you would like to suggest a link to Erica, please email tips@raceintheworkplace.com