Institutionalized discrimination
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Institutionalized discrimination is discrimination which has long been accepted as normal governmental operating procedures, laws, or objectives.
Examples of institutionalized discrimination include, laws and decisions that reflect racism, such as the Plessy vs. Ferguson supreme court case, which ruled in favor of separate but equal public facilities between African Americans and non-African Americans. This ruling was struck down by the Brown vs. Board of Education Supreme Court decision.
Laws that refuse equal legal rights solely based on race, gender, ethnicity, religion, or sexual orientation. These equal legal rights may encompass all areas of societal function, from the right to marry to the right to be treated equally by employers.
A UK example: A member of a trade union making a complaint of workplace harassment against a fellow employee and member of the same union is not entitled to union advice and assistance, irrespective of the merit of the case, because the employee complained against could lose his/her job. In the Weaver v NATFHE (now part of UCU) race discrimination case, the Tribunal decided that the union’s principal obligation in race harassment cases is to protect the tenure of the accused employee. The Employment Appeal Tribunal upheld the decision and extended the decision to cover complaints of sexist harassment.
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