The melting pot of humanity.
How do we determine race, ethnicity, or national origin? To some, that’s an easy question, for others, not so easy (especially businesses). The 7th Circuit, which covers Wisconsin, dissected this issue in a recent case, Abdullahi v. Prada. The lesson the court imparts is that, when a discrimination claim is filed, the case is not centered on which boxes are checked in the EEOC forms.
As background for businesses, when a discrimination complaint is filed, the person(s) filing the complaint must use a form that has boxes marked for various categories, including race, national origin/ethnicity/nationality, color, etc. The ruling in Abdullahi appears to view these boxes are rough estimates as to the basis of discrimination, not firm categories. This puts businesses in a tighter spot when sued for discrimination, particularly regarding ethnicity, national origin, and race. Again, this case is particularly important for Wisconsin businesses because Wisconsin is in the Federal Court’s 7th Circuit.
