Great. Racism is bad and we should stamp it out wherever we find it. I find the punditry around this one troubling. As though white people can't experience racism.
this post was submitted on 17 Aug 2023
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As though white people can’t experience racism.
Plenty of progressives believe precisely that, sadly.
White people can't experience systemic racism in the US. A whole load of people can't articulate the difference between systemic racism and plain ol race based bigotry racism.
Anecdotally, but I (a white dude) have been told that my race would eliminate me for job consideration in the past.
I’m not equating the systemic racism against whites to that suffered by other minorities, but to claim it simply doesn’t exist is wrong. I’ve experienced it.
Edit: I should clarify that I am Canadian, but the culture is similar enough for my point to stand.
I'd like some more context if you're trying to make a point
Sure. The point I’m trying to make is that I, a white dude, was told by hiring managers at several places including government agencies that I would not be considered for the position as I was white and at the time there were policies in place that prohibited the hiring of white men. Ergo, there was systemic racism in place at that time.
That's not racism.
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Absolutely anyone can experience systemic racism in the US or anywhere else, white people are just less likely to than others.
Here are some examples of systemic racism against white people.
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I think the problem stems from there being two beliefs (that I know of so far) where people believe in systemic racism and some believe in social racism. My fiance believes in systemic racism where you can't be racist to someone who is white because their race is in power of the government, we bud heads all the time because that doesn't make any sense to me
Those concepts are not mutually exclusive jesus fucking christ. Both can exist.
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Race or not, how does a wrongful termination cause $28.3mio in damages?
I very much doubt that this employee ever would have earned that money at Starbucks, had she not been wrongfully terminated.
At the same time, the two men who were arrested for existing and for being black received a whopping $1 each.
A lot of the time these things include fines to teach them a lesson. Otherwise corporations would do this way more.
Ok, but why does the person who got fired get the difference?
At least over here, if you have something like this, the person who got fired would get adequate damages rewarded (roughly the amount of money they lost due to being fired wrongfully) while the state would sue the company for a punitory fine.
Good question! I'm not sure. Maybe we are worried that punitive damage fines would incentivize the government to start suing businesses. Just a guess though.
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Disclaimer that I have not followed this case and I'm not a lawyer.
In the US civil cases can have both compensatory and punitive damages. Compensatory is meant to "right the wrong" where you get reimbursed for financial losses, lost time, things you had to pay for as a result of the incident, etc. Punitive is meant to punish the offender if the case finds they acted with some negligence, and ultimately get them and others to change their behavior.
Take the infamous McDonald's coffee case. The woman who was injured originally only asked for McDonald's to pay for her medical treatment. She required skin grafts. The jury found that McDonald's knowing let this circumstance exist where someone was going to get a serious injury and added on punitive damages. Which the judge cut back.
An important caveat is that she was not the first person seriously injured by the temperatures they were keeping the coffee at.
McD decided the money they were saving on free coffee refills was more important than injuring their customers, which is why the punitive damages were awarded.
The lady who got the money was just the one a judge actually paid attention to.
Somewhat paid attention. The jury awarded two days of coffee revenue. The judge cut it to 3x the compensatory damages, about a half day of coffee revenue. I don't recall if there was a law on the books about that. Some states have "tort reform" laws that limit punitive damages.
As an European, it's kinda strange to me that the punitory damages are awarded to the person in question, for two reasons.
- Punitory damages aren't meant to protect that one person (it's highly unlikely that Starbucks is going to wrongfully fire the same woman a second time) but instead they are meant to protect society
- Punitory lawsuits should not depend on the legal budget of one individual
The way it works over here is like this:
There would be two lawsuits:
- The regular civil lawsuit between the wronged person and the company. The result will be compensatory measures awarded to the wronged person.
- The chamber of labour will run a separate lawsuit regarding law violations/structural issues of the company. The result will be a change in the company and punitory measures. If these include fees, they are awarded to the government.
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I can think of one difference...
"Damages" is more than lost wages. Not sure how that relates to arrests
Getting arrested, even wrongfully, is going to fuck a lot of peoples' lives up as much or more than getting fired. I have a special needs child, and although I'm not a single parent, cops pick me up and put me in jail wrongfully for a day or two, the details of my circumstances are such that's going to cause substantial trauma for both my child and my wife. In my case my job would be safe, but for a great many people it would not.
I'd take being fired over being arrested all day every day and twice on Sunday.
I don't mean to suggest she didn't have a case, only to suggest that payouts for wrongful police action need to be much higher. Aside from the arrest itself, wrongful arrests often include damages to the victim's body or property, possibly their dog getting shot, etc etc.
I don’t mean to suggest she didn’t have a case, only to suggest that payouts for wrongful police action need to be much higher. Aside from the arrest itself, wrongful arrests often include damages to the victim’s body or property, possibly their dog getting shot, etc etc.
Not even talking about the fact, that these guys now have newspaper articles with both of them in handcuffs, clearly showing their face and names that will come up every time a potential new employer googles their names.
Totally agree with you, wrongful arrest is much more problematic than being wrongfully fired.
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