UNDERSTANDING AND PREVENTING SEXUAL AND RACIAL DISCRIMINATION

# Introduction

Discrimination in any form can be a traumatic experience. It is also
illegal and will not be tolerated in the Civil Air Patrol. But just what
is discrimination? How do we prevent it from occurring? How do we report
violations of CAP's policies? This lesson will provide insights into
discrimination and provide answers to these questions.

# Sexual and racial discrimination defined

If you ask a hundred people to define sexual and racial discrimination,
you'll get a hundred different answers. Each individual may perceive
discrimination in different ways. But there are definitions to help us
establish a baseline from which to measure when discrimination occurs.

Discrimination is an unlawful employment practice that occurs when an
employer fails or refuses to hire, discharge, or otherwise discriminates
against any individual with respect to compensation, terms, conditions,
or privilege of employment because of race, color, religion, sex,
national origin, age, reprisal, physical or mental disability.

Sexual Discrimination can be defined as: to make assignment decisions
based primarily on a member's sex instead of his or her qualifications.
It is also the action taken by an individual to deprive a person of a
right because of their sex. Such discrimination can occur overtly,
covertly, intentionally, or unintentionally.

Racial Discrimination is defined as: to make assignment decisions based
primarily on a member's race instead of his or her qualifications. Like
sexual discrimination, it is also the action taken by an individual to
deprive a person of a right simply because of their race. Again, this
discrimination can occur overtly, covertly, intentionally or
unintentionally.

It is important to fully understand and comprehend these definitions and
recognize their importance. The Civil Air Patrol has at its core the
volunteer system, and whether volunteer or paid employee, discrimination
on any basis simply will not be tolerated. Success of our mission
depends on our ability to recruit the absolute highest quality
individual; people of great character and unquestioned integrity. To
reject someone simply on the basis of their sex or race would eliminate
the majority of our populace and significantly degrade our capability to
accomplish the mission. To reject a candidate because you believe "seen
one, seen them all" is a mistake. This is called "stereotyping", and is
the belief that all people in a group are the same. It can fool people
into thinking you know someone when you don't!

Let's look at a few examples of sexual discrimination. In our first
example, if a female supervisor always asks the male subordinates in a
co-ed group to move the computer paper or always do the "heavy" work,
that's sexual discrimination. In the second example, if a male
supervisor always asks female subordinates to make coffee, even when
male subordinates are available, that's sexual discrimination.

Now let's look at an example of racial discrimination. If you offer
sunscreen to all cadets except the African American cadets because you
believe that their skin is dark enough to prevent sunburn, that's an
example of racial discrimination.

Sexual Harassment is also a form of sexual discrimination. While this
program cannot examine sexual harassment in depth, it is important to at
least briefly describe the subject. Specifically, no member may threaten
or insinuate, explicitly or otherwise, that another members
participation, evaluation, wages, advancement, assigned duties, shifts
or career development depends on granting sexual favors. Other sexually
harassing conduct in the workplace, whether physical or verbal,
committed by fellow members, superiors or subordinates is also
prohibited. This includes: repeated offensive sexual flirtations,
advances, propositions, continual or repeated verbal abuse of a sexual
nature, graphic verbal commentaries about an individual's appearance,
sexually degrading words used to describe an individual, and the display
in the workplace of sexually suggestive objects or pictures. However,
there is primarily one concept to keep in mind when discussing sexual
harassment: Intent versus Impact. If you think a behavior could be
interpreted as sexually offensive, it probably is. The behavior does not
have to be directed at you to be considered offensive. Remember, it
doesn't matter what you "intend", what matters is what people perceive,
the "impact". If people "feel" they have been harassed and they believe
they are in a hostile work environment, they have and they are.

# CAP's policies concerning sexual and racial discrimination

Although membership in CAP is selective, we do subscribe to the Federal
Governments published policy on discrimination. According to Title VI of
the Civil Rights Act of 1964, discrimination on the basis of race,
color, national origin, sex, religion or disability is prohibited by CAP
policy as well as laws and directions governing federally assisted
organizations. Membership applicants who feel they have been
discriminated against may call the director of personnel at National
Headquarters, (334) 953-7748, for information on how to file a
complaint. Members who feel they have been discriminated against may
file complaints under the applicable regulations as follows: 1)
Complaints of discrimination based on sex are filed under CAPR 123-2,
complaints. 2) Complaints of discrimination based on race are filed
under CAPR 39-1, Nondiscrimination in Federally Assisted Programs.

Sexual and racial discrimination can have serious consequences for unit
cohesion and teamwork. To help combat discrimination and sexual
harassment in your unit environment, never ignore the problem, speak up
and seek help.

It is CAP policy that all members have a right to work in an environment
free from personal, social, or institutional barriers that prevent
members from rising to the highest level of responsibility possible.
Members shall be evaluated only on individual merit, fitness, and
capability. Discrimination and harassment includes the behavior of
fellow members, superiors, subordinates, employees, and visitors to the
premises. If employees engage in behavior that, after investigation, is
believed to have violated this policy, they may be subject to discharge
and/or discipline.

# Filing sexual and racial discrimination complaints in CAP

We take our prohibition against discrimination very seriously. It is
also a violation of policy for anyone to retaliate, threaten or seek any
type of reprisal against any individual who reports harassment or who
participates or cooperates in an investigation regarding discrimination
or harassment. If a member believes that reprisal, intimidation, or
retaliation has occurred, report that to one of the designated EEO
officers. The region commander, wing commander, or inspector general
receiving such a complaint of discrimination or sexual harassment shall
give immediate notification to NHQ CAP/GC and NHQ CAP/DP. NHQ CAP/GC
will notify appropriate Air Force authorities where DoD directives are
involved. No investigation shall occur unless and until specifically
authorized by NHQ CAP/GC. For specific reference, see CAPR 123-2,
Complaints; CAP Operating instruction HR 6; CAPR 39-1, Nondiscrimination
in Federally Assisted Programs; CAPR 52-10, CAP Cadet Protection Policy;
and CAPR 52-16, Cadet Program Management. To the extent possible, and
subject to our commitment to completely investigate matters about which
we become aware, we will take appropriate steps to ensure the
confidentiality of those who report discrimination, as well as those who
participate in or cooperate with an investigation.

# CAP and Titles VI and VII of the Civil Rights Act

The Civil Air Patrol prescribes to every aspect of Titles VI and VII of
the Civil Rights Act of 1964. Each member of the CAP is entitled to
protection from discrimination and harassment under this federal law.

The Civil Rights Act of 1964, Title VI, provides that no person in the
United States shall, on the basis of race, color, or national origin, be
excluded from participation in, denied the benefits of, or otherwise
subjected to discrimination under any program or activity receiving
federal assistance. The law further requires that rules, regulations, or
orders of general applicability be approved by the president before they
become effective. DoD Directive 5500.11, Nondiscrimination in Federally
Assisted Programs, 27 May 1971, is the basic implementing directive for
DoD compliance with the Civil Rights Act.

The Civil Rights Act of 1964, Title VII, states it shall be unlawful
employment practice for an employer to fail or refuse to hire or to
discharge any individual, or otherwise to discriminate against any
individual with respect to his compensation, terms, conditions, or
privileges of employment, because of such individual's race, color,
religion, sex, or national origin; or to limit, segregate, or classify
their employees or applicants for employment in any way which would
deprive or tend to deprive any individual of employment opportunities or
otherwise adversely affect his status as an employee, because of such
individual's race, color, religion, sex, or national origin. The only
exception is if an individual is subject to any requirement imposed in
the interest of the national security of the United States.

In plain english, just what does all this mean? It means you can not
discriminate against someone simply because you don't like their race,
sex or any other characteristic. You can elect not to hire someone, but
your intent must be because they do not posses the skills required to do
the job.

# Formulate strategies to prevent incidences of sexual and racial discrimination

Education is the key to protecting employee's and volunteers from
charges of sexual and racial discrimination. Education on what to look
for, what to avoid and, most importantly, what is considered appropriate
behavior. Respecting each and every individual with whom you come in
contact with as an equal will prevent misperception of situations and
events. The following guidelines will help prevent sexual and racial
discrimination. First, know CAP's policy on discrimination and follow it
to the letter. Second, consider your attitudes about discrimination. How
would you feel if you or a friend experienced discrimination. Third, set
a positive example by treating everyone with respect. Fourth, talk with
other members about discrimination. Make sure everyone knows the
policies of the CAP and follows them in principle and action. Fifth,
avoid making assumptions that "practical jokes", "friendly gestures",
etc., are harmless or inoffensive. To other people, they may not be
viewed that way. Sixth, think before making personal comments or asking
personal questions. They could make others uncomfortable. Seventh, don't
go along with the crowd or accept behavior that may be offensive. And
eighth, be supportive of people who are being discriminated against or
harassed.

There are also steps you can take which will minimize your exposure to
charges of discrimination. First, cultivate a reputation for fairness
and equality. Don't be one of the crowd that tells off color jokes or
those of a sexual nature. Do not use sexual innuendo in your
conversations, and do not engage in touching or hugging, unless you are
positive the act is a welcome one and you have received permission to do
so. Second, make sure your membership decisions are based on objective
and clearly defined criteria. And third, document every membership
decision and keep a record of counseling sessions and performance
feedback worksheets. This will provide the proverbial "paper trail" in
case someone raises a question or charges you with unlawful action.

Finally, there are special procedures for supervisors that can minimize
discrimination incidents. First, make sure everyone knows your company's
policy. State in clear terms you won't tolerate discrimination in any
form. Second, treat every incident seriously and follow CAP's
guidelines. Third, let each person know what action will be taken and
follow up on your decisions. Fourth, have an "open door" policy.
Encourage members to report any instance of racial or sexual
discrimination. And lastly, always keep matters confidential. Both the
"accused" and the "accuser" have the right to confidentiality and fair
treatment under the law.

# Conclusion 

Sexual and racial discrimination are serious issues and it is imperative
that each and every one of us take proactive steps to prevent
discrimination of any kind. Providing an environment free of harassment
is imperative to the success of the Civil Air Patrol. Our mission is too
important to let discrimination impair our effectiveness and minimize
our contribution to safe aviation.