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.

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.

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.

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.

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.

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.

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.