Legal Definitions - Reverse discrimination

Reverse discrimination refers to a claim made by an individual who alleges they have been treated unfairly or disadvantaged because of their membership in a group that is typically considered dominant or historically non-disadvantaged (for example, a white male), in favor of an individual from a historically disadvantaged or minority group. These claims often arise in contexts like employment, university admissions, or government contracting, where policies aimed at promoting diversity or rectifying past discrimination are in place.

• Example 1: Employment Promotion
  A large tech company has a stated goal to increase the representation of women in leadership roles. A male employee, who has consistently received excellent performance reviews and has more experience in his department, applies for a senior management position. He is passed over for a female colleague with less experience and a shorter tenure at the company. The male employee believes he was denied the promotion solely because of his gender, in an effort to meet the company's diversity targets for women in leadership. This illustrates reverse discrimination because the male employee, a member of a non-minority group in this context, claims he was discriminated against (denied promotion) due to his gender, while a female colleague was favored.

• Example 2: University Admissions
  A highly selective public university receives thousands of applications each year. A white applicant with an exceptionally high GPA, top standardized test scores, and extensive extracurricular activities is denied admission. Meanwhile, another applicant from a historically underrepresented racial minority group, with slightly lower but still strong academic qualifications, is admitted. The white applicant alleges that their race was a significant factor in their rejection, believing they were disadvantaged by the university's efforts to increase racial diversity in its student body. This example demonstrates reverse discrimination because the white applicant, a member of a non-minority group, claims they were discriminated against in the admissions process due to their race, with the university allegedly favoring a candidate from a historically underrepresented group.

• Example 3: Government Contracts
  A city government has a policy to set aside a certain percentage of its construction contracts for businesses certified as "disadvantaged business enterprises" (DBEs), which typically include businesses owned by women or racial minorities. A construction company owned by a white male bids on a municipal project but loses out to a DBE-certified company that submitted a higher bid and had a less extensive track record. The white male owner claims that his company was unfairly excluded from consideration or disadvantaged solely because it did not meet the DBE criteria, despite offering a better value. This demonstrates reverse discrimination as the white male business owner, representing a non-minority group, alleges that his company was discriminated against in the contracting process, with preference given to a DBE due to set-aside policies.