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Chapter 06 - Race and Color Discrimination
Chapter 6
Race and Color Discrimination
[Note to users: Users can click on the case icon to access the case brief included at
the end of the IM chapter.]
Chapter Objectives
The objectives of the chapter are for the students to learn what constitutes race discrimination
and to be able to recognize it when they see it so they can avoid potential liability. As with other
chapters in this section, it is extremely important to be able to not just know that one must not
discriminate on the basis of race, but also to be able to recognize race discrimination and remedy
it before liability attaches. Once students finish going through the chapter, the student should be
able to do this.
Learning Objectives
(Click on the icon following the learning objective to be linked to the location in the outline
where the chapter addresses that particular objective.)
After reading this chapter, the students should be able to:

1. Discuss and give details on the history of race discrimination and civil rights in the United
States.
2. Explain the relevance of the history of civil rights to present-day workplace race
discrimination issues.
3. Set forth the findings of several recent studies on race inequalities.
4. Identify several ways that race and color discrimination are manifested in the workplace.
5. Explain why national origin issues have recently been included under race discrimination
claims by the EEOC.
6. Describe ways in which an employer can avoid potential liability for race and color
discrimination.
Authors’ Note
6-1
© 2016 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in any
manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
It would be an injustice to the students to teach this subject matter as if it were simply a litany of
facts and rules. There is so much more and it will be of the utmost benefit to the students if
instructors can “mine” this and let them walk away with an incredible amount of information
about themselves and the world that will help them make justifiable and informed workplace
decisions regarding Title VII actions and other workplace matters.
Most students would have been born when race discrimination in employment was illegal. Many
of them would have come into consciousness during the past 8 years of the Bush administrations
when much of what they heard about employment discrimination was negative and framed
around the issue of affirmative action. As a result, they may have very negative ideas about the
issue. They will often think there really is no problem with race because they may have seen very
little of the obvious type, However, they would have heard tales of unqualified blacks and
women taking jobs from more qualified whites and for many of them this will frame what they
think they know about race discrimination.
It greatly facilitates learning to take some time to address this and to lay the groundwork for
what is to come. Students need to be made aware that though it is illegal to discriminate in
employment and has been for more than 40 years, there is still much of the issue remaining in
employment and society. Negative images from the media, news stories, and personal
experiences invariably find their way into the workplace and have a negative impact upon
women and minorities of all kinds.
Race is an issue that is fraught with all sorts of “baggage” which everyone brings to the table that
can impact what students learn about the issue. It is extremely important not to, on the one hand,
address this issue as if one is reciting math facts, but instead to deal with it head on and
acknowledge the presence of the issue in our society, and on the other, to make students
understand that it is inevitable that people have picked up “garbage” about this issue, from the
media, their parents, peers, etc.
People start out as empty garbage cans. There is no filter to keep out the racist, sexist or
otherwise exclusionary ideas that may come from their parents, peers, the media and other
sources long before they even understand that such ideas may be wrong. The point is not to own
all of that or try to defend oneself or try to argue that they are not racist or prejudiced, but rather,
to acknowledge that with the society, it is inevitable that they would pick up these things and
incorporate them into their lives. Acknowledging this is the first step to doing something about it
and for the sake of the employers, one must learn to recognize and avoid those things which may
result in liability.
Have students understand that it is not just the big things like calling those of other groups with
derogatory names, or saying obvious things like “we don’t hire blacks,” that gets most employers
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in trouble. It can instead be a compilation of many smaller things many people do, often without
even being aware of it, which, when analyzed and tallied, amount to a different experience for
those not in the “majority” group.
The tidbits in the opening of the chapter introduction are very telling. Discuss with them the
students and see what they think. Make sure to bring to their attention the 2004 Gallup poll that
found that 90 percent of whites under age 30 think blacks are now being treated fairly or
somewhat fairly compared to only 38 percent of blacks thinking so. At the same time, discuss the
research which shows managers are more likely to evaluate those of their race higher than those
of another race, and since most managers are white, how this can impact blacks.
Bring students’ attention to the difference between personal prejudice, which Title VII does not
prohibit, and racism, which institutionalizes that prejudice, which it does address.
Even though this can be a difficult topic to discuss, if done effectively, students see from
different perspective from then on and are much less likely to cause liability for their employer.
Given the historic political situation the students would likely be aware, instructor may even
want to use a discussion of Senator Barack Obama’s “A More Perfect Union” speech on race as
a starting point for discussion, since many of them will be aware of it or may have seen it. A
discussion of their understanding of what he spoke of may prove fruitful for the chapter.
The full written text:

http://www.huffingtonpost.com/2008/03/18/obama-race-speech-read-t_n_92077.html
The full 38 minute video:

http://www.youtube.com/watch?v=pWe7wTVbLUU
Detailed Chapter Outline
Scenarios—Points for Discussion
Scenario One: They are illegal. It is discrimination based on color, in violation of Title VII.
Scenario Two: The employee wins. It is race discrimination under Title VII for the employer to
treat the black, female employee differently from the other employees, particularly in a way
which has such an adverse effect upon her employment. Vaughn v. Edel, 918 F.2d 517 (5th Cir.
1990). This case is included because it so perfectly matches the ideas we hear expressed so often
in consulting sessions as well as the classroom.
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Scenario Three: Yes, the employee wins. Courts have actually held both way, but the more
conservative approach is that the policy has a disparate impact upon black males who have a
much higher tendency to suffer from pseudofolliculitis caused by shaving. Because of the
disparate impact, the no-beard policy should be supportable by a legally defensible business
necessity. Richardson v. Quik Trip Corp., 591 F. Supp. 1151 (S D Ia., Central Div. 1984)
I. Statutory Basis
It shall be an unlawful employment practice for an employer—

(1) 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... or
(2) to limit, segregate, or classify his 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... [Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-2(a).]
II. Surprised?
Learning Objective One: Discuss and give details on the history of race discrimination
and civil rights in the United States.
Learning Objective Two: Explain the relevance of the history of civil rights to present-
day workplace race discrimination issues.
Race is the first of the prohibited categories in Title VII, the main reason for passage of the law,
and it remains, even today, a factor in the lives of many employees.
Learning Objective Three: Set forth the findings of several recent studies on race
inequalities.
Race still matters more than many may realize. So much so that it might surprise one to discover
the following:
 Research showed that employers would rather hire a white man who had served time in
prison than a black man who had not.
 When researchers sent out identical résumés for jobs listed in the newspaper, with the only
difference being the names of the applicants, those with “ethnic” names like Jamal or
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Lakiesha received 50 percent fewer callbacks for jobs than the identical résumés with
traditionally white names like Megan or Brad.
 In addition to visual profiling, researchers have found linguistic profiling.
 A study by University of Georgia researchers published in the Journal of Vocational
Behavior in 2012 found that networking within an organization and having a mentor,
which are generally thought to promote career success, do not give African-American men
the same measurable benefits as whites.
 According to U.S. Census Bureau data, while women are paid 77 cents for every dollar
paid to men, on average, for African-American women, it is 70 cents for every dollar paid
to men, and only 64 cents for every dollar paid to white, non-Hispanic men.
 During oral arguments in the Lopez v. Gonzales 8 and Toledo-Flores v. United States 9
cases that could impact thousands of immigrants, U.S. Supreme Court Justice Antonin
Scalia made a reference to one of the parties in a case, a Mexican who had been deported
back to his country, as someone unlikely to keep from drinking tequila on the chance he
could return to the United States.
 In the 2004 elections in Alabama, voters voted to keep the Alabama constitution’s
language that says “separate schools shall be provided for white and colored children, and
no child of either race shall be permitted to attend a school of the other race.”
 Full-time paid intern hired over the phone to work at an Iowa cosmetics company as a
cosmetics formulator because she was in England at the time, arrived in Iowa, only to be
told by her supervisor that everyone would be “surprised” that she was black.
 At Charapp Ford South, a car dealership near Pittsburgh, two black employees who
complained about constant racial harassment in the workplace allegedly found a document
that suggested “ten ways to kill” African-Americans.
 A temp agency used code words to supply Jamestown Container Co. and Whiting Door
Mfg. Co. with the white male employees they requested, denying placements to minorities
and women.
 The president of a staffing services company allegedly told Carolyn Red Bear, a Native
American employee, many derogatory statements that had been made about her “ethnic”
appearance, alleging that she did not “fit in” with the white community and should seek
employment more consistent with the skills of Native Americans.
Unfortunately, there are many more items that could be added to this list. A 2008
USAToday/Gallup poll found that a majority of Americans say racism against blacks is
widespread, including 51 percent of whites, 59 percent of Hispanics, and a whopping 78 percent
of blacks. After the election of the first black U.S. president, the numbers went up somewhat, but
by the next year, they had gone back to pre- Obama levels.
One can see what a problem these findings would present in the workplace. Not only could
discrimination be occurring, but as a manager, one could possibly not realize it. Much of the race
6-5
discrimination now occurring in the workplace is not as overt as it was before Title VII but it is
still very much a factor in employment.
The more one sees the bigger picture, the less likely he or she is to be a part of unnecessary
claims of workplace race discrimination. The law has been in place for 50 years and race
discrimination claims are still very much a part of title VII. They have risen every decade since
the law was passed and still account for over one-third of the EEOC’s total claims filed.
III. Evolving Definitions of Race
Learning Objective Four: Identify several ways that race and color discrimination are
manifested in the workplace.
When someone says the word race chances are that most people will think of black or white. For
virtually the entire time Title VII has been in existence, race has been almost exclusively about
African-Americans and whites, with discrimination against other groups considered primarily
under the national origin category.
The term race, in the context of employment discrimination, is being used differently than it had
been. It is important that people preserve the history and background of the Civil Rights Act of
1964 so that the law can continue to be understood in its proper context; that is, the context of
slavery, Jim Crow, and the fight for civil rights (and the lingering effects of each) in which it
occurred. The expanded notion of race will not neglect either the important basis for the law that
birthed the legislation in the first place, or the present-day effects that continue to persist even as
other groups come into the United States and rise to become accepted as a part of the country
rather than “outsiders.” This is a factor that the Russell Sage/Harvard study on race discussed.
One should recognize that the willingness of other groups to exercise their rights under the law
by using the race category rather than, or in addition to, the national origin category is a trend
which is seen, noted and here reflected. The EEOC also has seen this trend and, in part because
of it, launched an initiative called E-RACE (Eradicating Racism and Colorism from
Employment) intended to address these changes. As part of their revised Compliance Manual,
issued in 2006, the EEOC outlined the differences between the categories of race, color, and
national origin. The EEOC noted that the Civil Rights Act did not define race but in light of
recent trends, the EEOC undertook to bring some understanding to the matter in a world in
which things had changed since passage of the Act.
6-6
Alonzo v. Chase Manhattan Bank, N.A
As a society, people now think of race under Title VII as a more inclusive concept. Researchers
refer to the idea that whites think everything is fair for everyone, so nothing need be done to
ensure equal opportunity anymore, as the “new racism.” Employers do not need to engage in
deliberate, intentional racial discrimination in order to violate the law and the law does not
require this in order to find liability.
Clearly much progress has been made in the area of race discrimination in the workplace since
Title VII was enacted. The extremely comprehensive, four-year, 1,400-page study of intentional
workplace discrimination between 1975 and 1999, released by Alfred and Ruth Blumrosen in
2002, found that workplace discrimination against African-Americans is still the worst of all
groups. However, minorities increased their participation in the labor force by 4.6 million
workers beyond the increase resulting from economic growth and increased their share of ‘better
jobs’ as officials, managers, professionals, technical, and sales workers.” The study showed that
15 percent of African-Americans experience intentional workplace discrimination.
Jones v. Robinson Property Group, L.P., d/b/a Horseshoe Casino & Hotel
It is a case in which one gets to see how racial discrimination can play out in the workplace.
IV. Background of Racial Discrimination in the United States
History and its present-day effects account for much of the race discrimination we see
manifested today. Africans arrived in this country in 1619, before the Mayflower. Their initial
experience was as free people who were contracted as indentured servants. After the first 40
years or so, this changed as the need for cheap labor grew with America’s rapid expansion, and
slavery came into existence. While a very small number of African- Americans were free,
slavery as an integral and defining part of American life lasted for well over 200 years, until after
the Civil War ended in 1865. With a slight pause (11 years) for Reconstruction after the Civil
War, the next 99 years saw Black Codes and Jim Crow laws legalize and codify racial
discrimination.
6-7
In many places, there were many more slaves than whites (South Carolina had an 80 percent
slave population), so absolute control was necessary in order to prevent slave uprisings, which
were a major concern for whites. This was done quite systematically and with the intention of
keeping the system of slavery in place forever. Each of the rules and regulations contained in the
Slave Codes, and later, after Reconstruction, in the Black Codes, was designed to do this.
This system was all-encompassing, omnipresent and systemic. Even something as seemingly
“objective” as medicine did not escape. For instance, “Drapetomania” was an actual “medical
condition” doctors ascribed to slaves who wanted to run away and be free. Clearly the control
was comprehensive, and minutely detailed to accomplish this purpose. It is important to
understand this so that one can recognize how insinuated into every aspect of life racism was in
this country, and why there were bound to be vestiges long after slavery ended.
When Reconstruction ended, about 11 years after the Civil War was over, the Slave Codes were
simply renamed “Black Codes” and used virtually as if slavery had never ended. The system,
adopted by either law or social custom all over the country, remained in place until the Civil
Rights Act of 1964, and in some places well into the 1970s, constantly reasserting the
institutionalized role of race in the United States.
Race governed every facet of life. In addition to the ways we have already set forth in earlier
chapters, blacks were routinely discriminated against by being forced to sit in the balconies of
movie theaters or made to attend on days different from those when whites attended. Some fairs
had “Negro days” on which African-Americans could attend, and some towns had “Negro days”
for African-Americans to shop.
Although they paid full bus fare, in the South, African-Americans had to sit in the back of the
bus. If whites wanted or needed blacks’ seats, African-Americans had to give up their seats even
though they were full-fare-paying passengers. African-Americans could not testify against
whites in court.
The simple act of registering to vote could cost an African-American his or her job, family,
home, or life. It was not until the Voting Rights Act of 1965 that African-Americans received
full voting rights in the United States. Breach of Jim Crow law or social policy by African-
Americans resulted in swift retribution, up to and including death—generally by lynching for
males—an event that was often attended by whole families of whites, including children, and
treated as a festive family outing, complete with picnic baskets.
In historical terms, this was not that long ago. Remember that the system officially ended only in
1964, and in many places it, or its effects, lingered on long after after—in some places, even
6-8
until today. For instance, in Atlanta, retiring black police officers suffered because of the police
department’s racial policy that lingered until the 1970s, which prevented black officers from
contributing to a whites-only pension fund. There are other examples of present-day vestiges:
 EEOC filed suit in September 2013 against a company in Minnesota that not only fired a
white employee who recommended that a black temporary employee be hired full-time and
given benefits, but rejected her suggestion by “punctuating it with racist language.”
 A North Carolina federal jury “acting as the conscience of this community,” awarded
$200,000 in compensatory and punitive damages to two black truck drivers who were
repeatedly subjected to “racist abuse” including supervisors and other employees referring
to them as the “N-word,” “monkey,” “boy,” “coon,” and bringing one of the black
employees a noose and saying “This is for you. Do you want to hang from the family
tree?”
 Twelve white firefighters were awarded 2.5 million after not getting promotions they were
scheduled for because the fire department illegally allowed promotional lists with their
names on them to expire so they could promote black firefighters instead.
 TSA officers in a behavioral detection program designed to spot terrorists at Boston’s
Logan International Airport, and managers of similar programs nationwide, were ordered
by Homeland Security to attend a special class on why racial profiling is not acceptable
and is not an effective way to spot terrorists after they were investigated for stopping more
blacks and Hispanics who they thought would have more outstanding warrants or be in
possession of drugs.
 A New Jersey landlord settled charges with the U.S. Department of Housing and Urban
Development (HUD) for violating the Fair Housing Act by refusing to show apartments or
return calls of tenants after learning they were African-American.
 Between 2000 and 2004, 16 major insurance cases were settled, covering about 14.8
million policies sold by 90 insurance companies between 1900 and the 1980s to African-
Americans who were charged more, as was the custom of the day, simply because they
were black.
 In 2006, the U.S. Supreme Court unanimously held that the term “boy” used by white
managers at an Alabama Tyson Foods plant to refer to black employees could, alone, be
used as evidence of workplace race discrimination. The term is one used in the slave and
Jim Crow era to refer to black men.
 In 2006, the Delaware Masons fraternal organization signed a compact to end 150-plus
years of racial separation. In 12 southern states, white Masons still do not officially
recognize black Masons as their brothers.
 In early 2007, the Virginia House of Delegates expressed “profound regret” for its role in
the slave trade and other injustices against African-Americans and Native Americans. Nine
members did not cast ballots. In 2001, the Virginia legislature had expressed “profound
regret” for its role in the discredited “science” of eugenics that led to the sterilization of
well over ,000 Virginians between 1924 and 1979 under the Racial Integrity Act and the
6-9
Sterilization Act, in the name of purifying the white race. Virginia’s apology was later
joined by apologies in Florida, Alabama, North Carolina, Maryland, and New Jersey. The
U.S. Congress is also considering such a proposal.
 In 2008—after years of refusing to do so, but after doing so for Native Americans,
Japanese detention camp detainees, and Hawaiians for the overthrow of their
government—the U.S. House of Representatives passed a resolution apologizing for
slavery, Jim Crow, and its present-day impact on blacks. The Senate passed a similar
resolution the next year.
For virtually their entire history in this country, African-Americans were dealt with as inferiors,
with societal laws and customs totally built around that approach. Then came the Civil Rights
Act of 1964, attempting to change this 300 1 -year’s history overnight. You might now
understand a bit better why we have been struggling with the issue ever since.
The struggle for civil rights, in part, helped some of those permitted to realize their full potential
and become the successful and productive members of society they longed to be. The Irish went
from being so reviled that store windows had signs saying “No Dogs, No Irish,” to having John
F. Kennedy become a revered first Irish and Catholic president of the United States. Other
groups, like Native Americans, Hispanics, and Asians were, for various reasons, castigated,
vilified, ostracized, marginalized, and discriminated against by the greater society. Asians being
locked out of full advancement in the workplace has been referred to as the “bamboo ceiling”
rather than the glass ceiling.
Lecture Note: It routinely comes up in class when discussing Jim Crow and segregation that
blacks still continue to segregate by having things like black TV channels and black pageants.
Students always say that if there are black colleges and TV channels, etc., why can’t there be
white ones? It is very enlightening for students to explore this issue with the professor. Students
often do not realize that HBCUs (historically black colleges and universities) were begun after
the Civil War because blacks generally could not attend white universities. While the HBCUs
were begun for blacks, they never excluded anyone and even today, anyone can attend. It’s
always interesting to ask how many students applied to predominantly black universities. Rarely
do any students raise their hands. They then realize that the only reason the institutions remain
predominantly black is because whites choose not to attend, though they certainly may. The
experience with thousands of students has been that this is generally news to them. They also do
not realize that the reason BET was created was because African Americans believed they were
not having media access as they should, so they created their own to showcase shows they
wished to see. Again, no one is excluded. Students who are not minorities tend not to be aware
that the “norm” is what they are used to, and that norm often excludes others for one reason or
another.
6-10
In addition, students often do not realize that many professional organizations such as the
National Bar Association, National Medical Association, National Nurses Association, National
Dentists Association, were begun as the black counterpart of the American Medical Association,
American Bar Association, etc., which did not allow black members. Again, these groups were
open to anyone, but whites rarely joined. The groups took on a life of their own and when
integration occurred after the Civil Rights movement, they did not disband because they had
their own histories, agendas and projects that were not always in sync with the white
organizations. Most blacks joined both organizations. Again, it is important for students to see
how total the segregation was and some of the ways the impact is still felt today.
It is also helpful for students to understand that the same goes for television. Blacks were either
excluded, shown in negative ways, or had little input into shows reflecting their viewing wishes,
thus the Black Entertainment Television (BET) channel. Experience and research bears out, that
while blacks often watch predominantly white shows, whites rarely watch predominantly black
shows, with the exception of perhaps, The Cosby Show. It might be instructive to ask how many
white students watch BET and why or why not.
These discussions help students to see that workplace discrimination is not an isolated event. It is
part of a much larger picture which plays out in every conceivable forum, often in very subtle
ways which impact us, but of which we are generally not aware. People take all of this in as part
of their narrative and operate in the world, including the workplace, with these ideas as part of
their decision making process.
V. Race: Putting It All Together
When race has been as ingrained in a culture as it has been in the United States, it is predictable
that it is taking a rather long while to rid the workplace of the vestiges of race discrimination.
The U.S. Department of Labor Glass Ceiling Studies in 1991 and 1995 of barriers to full
management participation in the workplace by women and minorities found that minorities had
made strides in entering the workplace, but a “glass ceiling” exists beyond which minorities
rarely progress. The study found that minorities plateau at a lower corporate level than women,
who plateau at a lower level than white males.
According to the studies, monitoring for equal access and opportunity was almost never
considered a corporate responsibility or a part of the planning and developmental programs and
policies of the employer, nor as part of participation with regard to senior management levels.
6-11
Most companies had inadequate records regarding equal employment opportunity and
affirmative action responsibilities in recruitment, employment, and developmental activities for
management level positions.
Such factors militate against serious consideration of full participation by all sectors of the work
population and prevent the employer from being presented in the best light should lawsuits arise.
If an employer analyzed and monitored workplace information based on the Glass Ceiling
considerations, much race discrimination could be discovered and addressed long before it
progressed to the litigation stage.
VI. General Considerations
Title VII was enacted primarily in response to discrimination against African-Americans in this
country, but the act applies equally to all. The McDonald v. Santa Fe Transportation case
demonstrated that racial discrimination may occur against whites also and is equally prohibited
under Title VII. It may seem strange to think that it took a U.S. Supreme Court case to determine
that Title VII protects whites as well as blacks, but keep in mind the history that lead to the
passage of the Civil Rights Act. Discrimination against whites was never contemplated since it
was not an issue.
It takes far more than alleging discrimination to win a case under Title VII. This can be done
directly, by presenting evidence that the employer did or said something racially negative, or
indirectly, by way of the disparate impact requirements. This is one of the reasons that employers
should not fear Title VII claims. Either there is a viable basis for discrimination or there is not. If
there is not, the employee’s alleging discrimination does not make it true and no liability will
attach to the employer. Of course, an employer still must use resources to counter the claim,
which is another reason why a “best practices” approach is always best.
VII. Recognizing Race Discrimination
Learning Objective Five: Explain why national origin issues have recently been
included under race discrimination claims by the EEOC.
Often, one of the most difficult things for a manager is recognizing race discrimination when it
presents itself. The latest EEOC statistics for FY 2013 indicated that race remains one of the
most frequent types of claim filed with the agency, with it being only second to retaliation
claims, and just ahead of gender. Many of these claims involve systemic race discrimination
affecting hundreds of employees.
6-12
Often employers are held liable for race discrimination because they treated employees of a
particular race differently without even realizing that they were building a case of race
discrimination for which they could ultimately be liable. Sometimes it is something seemingly
small or subtle, but given the stage we are playing on, with the history we presented to you, it
can be perceived as discriminatory.
Lecture Note: Instructors can discuss the much-ballyhooed situation the students are familiar
with where then Sen. Joseph (now vice president) Biden stated in January 2007 that his then-
2007 presidential opponent, Barack Obama, was the “first mainstream African American who is
articulate and bright and clean and a nice looking guy.” Though he said he did not mean to
offend, because of the history provided in this and other chapters, students should be able to
recognize why his statement would cause a stir, particularly given that the subset of people Biden
was speaking of, which was people running for president, who would normally fit those criteria
anyway. The implicit presumption is that most blacks are not articulate, clean, etc. According to
minority students this statement is heard in the workplace all the time, even today, without the
speaker having any idea of its negative impact. Vaughn v. Edel included in the text is another
very good example.
Vaughn v. Edel
The case demonstrates intent may be established by direct evidence of discrimination by an

employer even when the employer may discriminate for what it considers to be justifiable
reasons. In Vaughn, a manager told a supervisor not to have any confrontations with a black
female employee about her work after she asked a member of the legal staff if she thought a
conversation she had with her supervisor sounded discriminatory. Two years later when she was
terminated for poor performance, she sued and alleged race discrimination in that she was not
given proper feedback that would have allowed her to better her performance.
An employer who has not considered the issue of race may well develop and implement policies
that have a racially discriminatory impact without ever intending to do so. The Bradley v.
Pizzaco of Nebraska, Inc., d/b/a Domino’s Pizza “no-beard” case is a good example of this. In
Bradley, the employer had a “no-beard” policy requiring employees to be clean shaven. The
employee, a black pizza delivery driver, told the employer he could not shave without severe
discomfort. The employer told him he must shave, and when he did not, he was terminated. The
employee sued for race discrimination and won.
Bradley is also a good example of why disparate impact cases must be recognized if Congress’s
legislative intent of ridding the workplace of employment discrimination is to be at all
successful. It demonstrates just how important it is to simply be able to recognize race
6-13
discrimination when one sees it. As a manager faced with an unfamiliar situation, his or her
favorite eight words should be, “Let me get back to you on that.” This informs the employee that
you have heard her or his concern and will take it seriously. It then gives you time to find out
what you need to know to make an informed decision.
Simply taking the time to treat the employee’s concern as legitimate (rather than merely
dismissing it because it was not something with which the manager was familiar) and trying to
seek alternatives would have made all the difference. As a manager, one should make sure to
consider all angles before making a decision. It is especially important to consider the realities of
those who belong to groups which one may not be familiar with.
Chandler v. Fast Lane, Inc.
In Chandler, the action was brought by a white manager who was trying not to discriminate
when her company wanted her to do so. One should be aware that this also is covered by Title
VII.
VIII. Racial Harassment
In addition to an employer being liable for race discrimination under Title VII, the employer also
can be liable for workplace racial harassment. To hold an employer liable for racial harassment,
the employee must show that the harassment was:
 Unwelcome
 Based on race
 So severe or pervasive that it altered the conditions of employment and created an abusive
environment
 There is a basis for imposing liability on the employer
The employer is responsible for such activity if the employer himself or herself is the one who
perpetrates the harassment, or if it is permitted in the workplace by the employer or supervisory
employees. For instance, in 2008, the EEOC announced a settlement with Lockheed Martin for
$2.5 million for claims that it allowed a black electrician to be “severely harassed,” including,
among other things, threatened with lynching and called the “n-word” while working on military
aircraft at various places he was assigned all over the country. One of the harassers was a
supervisor, and though the employer knew, no discipline was imposed and the harassment
continued unabated. This is the largest settlement the EEOC has ever obtained for a single
employee in a racial harassment case, and one of the largest for any single employee. Actions for
racial harassment, like those of race discrimination under Title VII, may be brought under the
same alternative statutes as race discrimination.
6-14
In Daniels v. WorldCom Corp., the two black employees reported being sent racially charged e-
mails through their work computer. The court said that racial harassment has as its basis the
employer imposing on the harassed employee different terms or conditions of employment based
on race. The employee is required to work in an atmosphere in which severe and pervasive
harassing activity is directed at the employee because of the employee’s race or color. However,
the employer took prompt, corrective remedial action to address the situation, so the court found
no liability.
As Daniels demonstrates, the employer’s best approach to racial harassment is to maintain a

workplace in which such activity is not permitted or condoned in any way, to take all racial
harassment complaints seriously, and to take immediate corrective action. The case also
demonstrates how important it is for a manager to keep up with changes that result in new and
different ways to harass. In Daniels, the harassment was accomplished by e-mail, but because the
employer took immediate corrective action, liability was avoided.
In the Henderson v. Irving Materials, Inc., case, a black employee was subjected to a number of
incidents at work, including racial epithets, threats, greasing of his truck, dead mice placed in his
truck, and the buttons cut off his uniform, by two of his white co-workers. Several of the
incidents were witnessed by their supervisor. The court found that though some of the events, in
isolation, may not qualify as harassment, when taken in the total context of the employee’s
experience as the first black hired to work there and in the greater context of race in the country,
they constituted racial harassment.
IX. A Word about Color
Learning Objective Five: Explain why national origin issues have recently been
included under race discrimination claims by the EEOC.
Skin color has a long and painful history in the African-American culture, stretching back to a
time when lighter blacks were given jobs in the slave owner’s home, while darker blacks worked
the fields. This often resulted in better treatment for the lighter blacks and led to resentment by
darker ones. This was fueled by intentionally pitting them against each other to cause division
which meant less likelihood of slave uprisings. Later, after slavery ended, the division stuck and
“the paper bag test” was used as a basis for allowing entrée to everything from schools to social
organizations. If one’s skin was any darker than a brown paper bag, one was excluded. This was
carried on long past the enactment of Title VII and still exists in some quarters today, either
formally or informally.
6-15
Lighter-toned Hispanics, East Asians, and Asians, among others, all have experienced serious
color issues within their cultures. While one may not think that he or she cares about color,
research indicates that people tend to feel more comfortable with those most like themselves, and
one of the ways this is manifested is through color discrimination.
Color is one of the five categories included in Title VII as a prohibited basis for discrimination.
In several cases, both the party alleging discrimination and the alleged perpetrator of the
discrimination have been black. Employers should not miss the possibility of this legal liability
by thinking there can be no discrimination since two people of the same race are involved.
If one thinks color doesn’t matter than he or she should think about whether it was a coincidence
that the first-ever black Miss America, in 1984, Vanessa Williams, was light brown, with green
eyes and long hair. As recently as 1984, America was not ready for Miss America to be a darker
brown with short, kinky natural hair. It didn’t appeal to the nation’s cultural sensibilities of
beauty. That is why African-Americans and other ethnic groups began, and still hold, their own
beauty pageants (e.g., “Miss Black America” pageant, etc.)
African-Americans were not allowed into the Miss America pageant until after the Civil Rights
Movement in the 1960s. It was not until 1945 that they even had someone Jewish, and it was a
very big deal when Bess Myerson won the crown. During the 2008 presidential election several
comments were made about candidate Barack Obama only getting as far as he did as an African-
American presidential candidate because his skin tone was lighter than that of many African-
Americans.
Lecture Note: Instructors can demonstrate that people tend to discriminate knowingly or
unknowingly based on color by asking the students to think about the image of a person who
comes to their mind when they are asked about African-American actresses. Chances are Halle
Berry or performers Beyoncé who both are light. The fact is there are other famous actresses and
entertainers. For instance, Whoopi Goldberg was the first black actress to win an Oscar since
1939, but chances are, that she wouldn’t have been the one that came to students’ mind. Also,
notice how different the students’ thoughts are when they think of black actors. Chances are,
they are more likely to think of a browner (and older) male. JayZ? Lawrence Fishburne? Denzel
Washington? This clearly shows that people do notice color, whether it registers consciously or
not.
Employees also can sue under the state or federal Constitution for a denial of equal protection if
they work for the government or under state tort laws for defamation, intentional infliction of
emotional distress, assault, or any other tort the facts support.
An employer who must remedy racial discrimination may not avoid doing so because of the
6-16
possibility of a reverse discrimination suit by employees alleging they were adversely affected. If
an employer institutes a judicially imposed or voluntary affirmative action plan that can
withstand judicial scrutiny for the reasons set forth in the affirmative action chapter, the
employer will not be liable to employees for reverse discrimination.
X. Management Tips
Learning Objective Six: Describe ways in which an employer can avoid potential
liability for race and color discrimination.
Race discrimination can seem elusive. Many people tend to think it no longer exists, or that
others feel as neutral as we do about race. That is not necessarily so. Because a manager can be
unaware of the presence of race discrimination, he or she can miss it until litigation arises.
Therefore, be aware of what goes on in the workplace and “don’t miss the forest for the trees.”
The following tips may prove useful:
 Believe that race discrimination occurs and be willing to investigate it when it is alleged.
 Make sure that there is a top-down message that the workplace will not tolerate race
discrimination in any form.
 Don’t shy away from discussing race when the issue arises. Be open to learning and
sharing. There are many resources you can use, including the Internet and books on race.
 Provide a positive, nonthreatening, constructive forum for the discussion of racial issues.
Don’t let the only time a discussion of race arises be in the midst of an allegation of racial
discrimination.
Chapter-End Questions
1. A black firefighter alleges that each time he is transferred from one fire station to another, he
must take his bed with him, on orders of the fire chief. The chief defends on the basis that it
is a legitimate decision because white firefighters would not want to sleep in the same bed in
which a black firefighter slept. Is this illegal under Title VII? Explain. [Georgia newspaper
article.]
This is based on a true case in a southern Georgia fire department, reported in a local
newspaper in 1992 or so. It is clearly disparate treatment based on race, as the firefighter is
required to carry around his bed from place to place, while white firefighters are not required
to do so. Appropriate relief would likely be an injunction prohibiting further requirements of
this sort being imposed upon non-white firefighters.
2. A white college receptionist is fired when it is found that she told a black college applicant
6-17
that the applications for admissions are distinguished by race by the notation of a small RH
in the corner of black applicants’ applications. “RH,” she says, is her supervisor’s term for
“raisin heads,” which he calls African-Americans. Is the employee entitled to reinstatement?
[Jet magazine article.]
It is most likely that the employee will be reinstated. This is a case in which the employee
was terminated for failure to comply with discriminatory treatment of applicants as a
condition of employment. This is something that would likely not have occurred had the
employee been black. In addition, there is the possibility of an action by the employee for
retaliation for rights protected by Title VII.
3. It is discovered that, at a health club, the owner has been putting a notation on the
application of black membership applicants that reads “DNWAM,” which means, “do not
want as member.” In addition, the black membership applicants are charged higher rates and
are much less likely to be financed as other nonblack applicants. Can the black applicants
bring a successful action under Title VII?
No, this is because Title VII deals only with discrimination in employment.
4. A black female employee is told that she cannot come to work with her hair in decorative
braids traditionally worn in Africa, and if she continues to do so, she will be terminated.
Does the employee have a claim under Title VII?
Whether or not the employee can have a claim under title VII depends on the type of
industry the black female is currently working for. This could be considered a violation of
the grooming code, set by the firm, and the employer is given much leeway to make
workplace rules regarding grooming. On the other hand, it can be interpreted as a grooming
matter with racial overtones, much like one will see grooming matters with gender overtones
in the next chapter.
5. Bennie’s Restaurant chain routinely hires Hispanics, but it only assigns them to the lower-
paying jobs as kitchen help, rather than as higher-paid servers, salad bar helpers or
managers. Bennie’s says it does not discriminate because it has many Hispanic employees.
If suit is brought by the Hispanic employees, who will likely win? [Based on Denny’s
restaurants.]
It is most likely that the employees will win. With little else other than the facts, it appears
that Bennie’s is discriminating in job assignments or promotions. It is no defense that
Bennie’s hires Hispanics if it does not treat them equitably once hired. This is based upon
Denny’s Restaurant’s troubles of the spring of 1993 which resulted in a settlement in excess
6-18
of $48 million against Denny’s.
6. Five white and one black canine unit officers sued for race discrimination when the
operating procedures for their unit were drastically changed, they alleged, because the unit
was “too white.” Can the black officer bring suit even for race discrimination on these facts
even though he is not white? [Ginger v. District of Columbia, 477 F. Supp.2d 41 (D.D.C.
2007)]
Yes, the black officer can bring suit for race discrimination. All he has to do is allege he was
discriminated against in his association with the white officers.
7. Ken recruits applicants for several prominent companies. Often when the companies call for
Ken’s services, they strongly hint that they do not wish to hire Southeast Asians, so Ken
never places them with those companies. Is Ken liable for illegal discrimination?
Yes. Title VII covers not only employers, but also others who place employees in
employment such as employment agencies or other referral services. This situation is based
on a CBS television, “60 Minutes” segment and news reports.
8. José and César, both Hispanic, are carpenters employed by a contractor to help build an
office building in Maryland. While working, José and César discover that they are being
paid less than non-Hispanic employees. In addition, they allege a hostile work environment
and discriminatory terms and conditions of employment, including anti-Hispanic statements
by managers and employees, segregated eating areas, and an “English-only” rule imposed by
the contractor. José and César sue for race discrimination. Will they win? [Aleman v.
Chugach Support Services, 485 F.3d 206 (4th Cir. 2007).]
Yes. They are Hispanic, and courts will treat it as race or national origin discrimination.
9. Jill, the owner of a construction business, says her construction crew will not work if she
hires Hispanic crew members, so Jill does not do so. Is this a defense to a Title VII action?
No, this cannot be a defense to Title VII since it does not permit a customer or a fellow
employee’s preferences as a defense to discrimination.
10. Sam has worked at Allied for several years with no problems. Avril is transferred into Sam’s
unit. Sam immediately begins having a strong allergic reaction to the perfume Avril wears
each day. After having to take days off work because of his allergies, Sam asks Avril if she
can tone down her perfume. Avril does so for a few days, then resumes her usual amount.
Sam does not complain any further but is thinking of quitting because his allergies are so
6-19
bad. He doesn’t want to go any further with Avril about it because Sam is white and Avril is
Asian, and Sam thinks it might lead to race discrimination liability for his employer. Is Sam
correct? [Based on student’s parent’s dilemma.]
No, Sam is not correct. Just because the perfumed co-worker is Asian does not mean that she
can make a connection between Sam complaining and her race/national origin. If the
employer can prove that any employee wearing such a heavy amount of perfume has been
treated the same way, there is little likelihood of liability.
Case Icons:
Alonzo v. Chase Manhattan Bank, NA, 25 F. Supp. 2d 455 (S.D.N.Y. 1998)
Issue: Whether the court has jurisdiction over the case when the employee, after the EEOC’s
determination and before bringing the case to court, amends the complaint to include race
discriminations. Initial claims by the employee were based on national origin discrimination.
Facts: A Hispanic employee sued his employer for national origin discrimination, alleging he
was the only Hispanic and was subjected to harassment. When filing his claim with EEOC, he
checked the box for national origin discrimination, but later amended it to also include race
discrimination. The court had to decide if this was permissible.
Decision: Due to Alonzo’s pronouncement that he was discriminated against because he is an

Hispanic, because it has not been established that the designation of being an Hispanic precludes
a claim of racial discrimination, and given the uncertainty among courts as to whether
“Hispanic” is better characterized as a race or a national origin, Alonzo’s claims of racial
discrimination are reasonably related to his claims of national origin discrimination as they fall
within the reasonable scope of EEOC investigation. Accordingly, the defendants’ motion for
judgment on the pleadings regarding the claims premised on racial discrimination was denied.
Case Questions:
1. What do you think of the court’s quote from the Budinsky case about classification of race
being stupid and inaccurate? Explain.
Students’ answer may vary. Some may say that the court’s judgment for the Budinsky case
does make sense. This is because the term race is used to categorize people into different
6-20
Another random document with
no related content on Scribd:
The Project Gutenberg eBook of Some religious
and moral teachings of Al-Ghazzali
This ebook is for the use of anyone anywhere in the United
States and most other parts of the world at no cost and with
almost no restrictions whatsoever. You may copy it, give it away
or re-use it under the terms of the Project Gutenberg License
included with this ebook or online at www.gutenberg.org. If you
are not located in the United States, you will have to check the
laws of the country where you are located before using this
eBook.
Title: Some religious and moral teachings of Al-Ghazzali

Being brief extracts from his Ihya-u-Ulum-id-din
Author: Ghazzali
Author of introduction, etc.: Alban G. Widgery
Translator: Syed Nawab Ali
Release date: March 11, 2024 [eBook #73140]
Language: English
Original publication: Baroda: A. G. Widgery, 1921
Credits: Fritz Ohrenschall and the Online Distributed

Proofreading Team at https://www.pgdp.net
*** START OF THE PROJECT GUTENBERG EBOOK SOME

RELIGIOUS AND MORAL TEACHINGS OF AL-GHAZZALI ***
The Gaekwad Studies
in
Religion and Philosophy: X
SOME RELIGIOUS AND MORAL

TEACHINGS OF AL-GHAZZALI
Printed by Mr. K. G. Patel at the Lakshmi Vilas P. Press

Co. Ltd. and published by A. G. Widgery, the College,
Baroda, 5-1-1921.
Other Works by Professor Nawab Ali
MAA’RIJ-UDDIN.
The Ladder of Religion. A Comparative Study of Religions.
TARIKHI-SOHAF.
History of the Holy Scriptures.
TAZKIRAL-UL-MUSTAFA.
Life of Prophet Mohammed.
May be had from
The Seminar, The College,
BARODA
SOME RELIGIOUS AND MORAL

TEACHINGS OF AL-GHAZZALI
Being brief extracts from his

Ihya-u-Ulum-id-din
Freely rendered into English by

SYED NAWAB ALI M. A.
Professor of Persian, the College, Baroda.
With an introduction by
ALBAN G. WIDGERY M. A.
Professor of the Comparative Study of Religions,
The College, Baroda.
BARODA
PREFACE
The perusal of the constructive treatises of the foremost leaders of
the different religions should help to promote at least more mutual
respect, if not, indeed, actual co-operation, among their devotees
than the study of the critical discussions of lesser minds. For this
reason the present small volume of extracts from the chief
constructive work of Al Ghazzali has been included in the Gaekwad
Studies in Religion and Philosophy. The purpose of that series is to
be constructive rather than critical, and further, it is meant to contain
volumes appealing to the general public as well as to the scholar.
For a wider and more correct understanding and appreciation of the
spirit of Islam, it is to be regretted that there are so few English
translations of Muslim works in Arabic and Persian. It is to be hoped
that in future more attention will be turned in this direction. In the
meantime the present volume may serve at least to arouse some
interest.
This work was undertaken at the request of Professor Widgery, to
whom I am indebted for several suggestions and for going through
the whole of the manuscript and the proofs.
NAWAB ALI
Baroda, 1920.
CONTENTS
Preface Page 5
Introduction 9
List of Al Ghazzali’s works 30
I. The Nature of Man 41
II. Human Freedom and Responsibility 53
III. Pride and Vanity 78
IV. Friendship and Sincerity 95
V. The Nature of Love, and Man’s highest Happiness 116
VI. The Unity of God 138
VII. The Love of God and its Signs 145
VIII. Riza or Joyous Submission to His Will 164
INTRODUCTION
The Comparative Study of Religions, interesting as a form of
intellectual research, has for many a further value in the influence it
may exert upon the widening and the deepening of the religious life.
The practical value may become more and more acknowledged, if,
as signs suggest, the reality of the religious experience is more
keenly felt and mankind recognise the place of religious goods in the
highest type of life. Though it is certainly premature to say that there
is much serious acknowledgement and recognition of these values
amongst the peoples of the world, there are reasons to think that
tendencies of thought and feeling in this direction are increasing in
power. One of the best means of aiding the Comparative Study of
Religions and promoting these tendencies is by the publication of
important books connected with the religions, representing the views
of leading thinkers and saints.
If we turn to Islam, we find that some Western writers describe it
as in a condition of progressive decay, while others would have us
believe that its onward march is a menace. It is well to be able to
avoid the obvious purpose which lies behind both contentions.
Nevertheless, to the present writer it appears true to say that there is
much stagnation in Islam (In which religion is there not?), and that its
spirit is often lost and its real teachings neglected owing to the
general use of Arabic in the recitation of the Quran by persons
entirely ignorant of that language, and also to the prevalent
mechanical conception of the character of the Quran as a form of
divine revelation. We believe that the Comparative Study of
Religions will help to turn the attention of Muslims away from these
to the emphasising of the essential spirit of Islam. This should be
central and normative in the rising movements of reform and
rejuvenescence. In this connection, as bringing out this spirit, it is
especially appropriate, both for the students of the religions and for
those directly interested in the spiritual revival in Islam, to publish in
an easily accessible form some of the religious and moral teachings
of Ghazzali. A Western scholar has written of him that he is “the
greatest, certainly the most sympathetic figure in the history of Islam
... the only teacher of the after generations ever put by Muslims on a
level with the four great Imams.”[1] And he goes on to remark further;
“In the renaissance of Islam which is now rising to view, his time will
come and the new life will proceed from a renewed study of his
works.”[2] But Dieterici says of him: “As a despairing sceptic he
springs suicidally into the all-God (i.e. all-pervading deity of the
Pantheists) to kill all scientific reflection.”[3] To justify such a
judgment would indeed be impossible if the whole course of
Ghazzali’s works is taken into consideration. The greatest eulogy is
perhaps that of Tholuck: “All that is good, worthy, and sublime, which
his great soul had compassed, he bestowed upon Muhammedanism,
and he adorned the doctrines of the Quran with so much piety and
learning that in the form given them by him they seem, in my opinion,
worthy of the assent of Christians. Whatsoever was most excellent in
the philosophy of Aristotle or in the Sufi mysticism, he discreetly
adapted to the Muhammedan theology. From every school he sought
the means of shedding light and honour upon religion, while his
sincere piety and lofty conscientiousness imparted to all his writings
a sacred majesty.”[4]
One feature of Ghazzali’s attitude has considerable significance in
looking to an increased study of his works as a factor towards the
revivification of Islam: his tolerance. Although regarding Al Hallaj’s
expressions, (for example, I am the truth, i.e. God) as incautious, he
helped to defend him and to save him from execution on a charge of
blasphemy. He wrote a treatise on tolerance: The Criterion of the
Difference between Islam and Heresy. In this teaching of tolerance
he felt himself to be pointing back to the policy of the earliest Muslim
times and to the greatest authorities of early Islam. He “strove to
attract the souls of his fellow Muslims to spiritual faith which unifies,
to worship at the altars which are in the hearts of men”.[5]
The influence of Ghazzali has been represented by Mr. Macdonald
as chiefly that he led men back from scholastic labours upon
theological dogmas to living contact with, study and exegesis of the
Quran and Traditions; gave Sufiism an assured position within the
Church of Islam; and brought philosophy and philosophical theology
within the range of the ordinary mind.[6]
Al Ghazzali has given some account of his own religious
development in a work entitled: Munqidh min-ad-dalal. This account
is significant, but as the Baron Carra de Vaux remarks, his eventual
explicit adoption of a Sufi mysticism was not merely a consequence
of the failure of his other attempts to find a solution to life’s
profoundest problems but a result of his early influences. For, soon
after his birth at Tus in Khorassan in 450 A.H. (1059 A.D.), his father
died and he was brought up by a Sufi. Nevertheless his mystical
leanings did not assert themselves vigorously till he was well on to
maturity. Up to that time he devoted himself to the usual studies of
canon law, the orthodox theology, the doctrines of the Mutazillites,
and a variety of other subjects including the works of the Sufis. For a
time he was a student of the Asharite Imam Al Haramayn at
Nysabur. He himself represents his attitude as at this time that of one
working and wishing for reputation and wealth. In 484 A.H. he was
honoured by appointment to the “University” or “Academy” of
Baghdad, where he soon acquired great renown as lawyer and
theologian.
On the threshold of maturity he was afflicted by doubts as to the
validity and worth of the theological and philosophical bases of his
religious belief. The strain of his reflection and the intensity of his
anxiety to reach a secure faith seem to have caused a breakdown of
health. With unexpected suddenness he left Baghdad. That was in
488 A.H. (1095 A.D.) He had examined in all details the traditional
orthodox scholastic system of the Kalam, the positions of the
Mutazilites and the philosophers, and in the light of his new doubts
and experiences turned again also to a closer study of the writings of
the leading mystics, such as Abu Talib, Al Muhasibi, and Al Junayd.
His early training had predisposed him to the acceptance of
mysticism, and this acceptance was led up to by the conclusions of
his reflection, in which it has been maintained he carried doubt as far
back as did Descartes.
Thus he himself writes: “A thirst to comprehend the essential
natures of all things was, indeed, my idiosyncrasy and distinctive
characteristic from the beginning of my career and prime of my life: a
natural gift and temperament bestowed on me by God, and
implanted by Him in my nature by no choice or device of my own, till
at length the bond of blind conformity was loosed from me, and the
beliefs which I had inherited, were broken away when I was little
more than a boy.”[7]
Carra de Vaux[8] thus graphically describes the process in Al
Ghazzali’s mind, as he himself suggests it to us: “Religious beliefs,
he reflected, are transmitted by the authority of parents; but authority
is not proof. To arrive at certitude it was necessary for him to
reconstruct all his knowledge from the very foundation. With a vivid
feeling of this necessity, he aspired to certitude, defining it in a purely
psychological fashion as a state in which the mind is so bound up
with and so satisfied with a piece of knowledge that nothing might
henceforth deprive him of it. This curious definition, which is applied
to religious faith as well as to scientific knowledge, does not escape
from being purely subjective. As one might foresee, the great desire
for certitude only led him at first into a series of doubts. As he sought
this state of perfect assurance, step by step he saw it recede before
him. He looked for certitude in the perceptions of the senses, with
the result that he could no longer trust his senses. Sight, the most
powerful of the faculties of sense, for example, led him to the
perception of an immovable shadow on the sun and an hour
afterwards this shadow was gone. Sight showed him a star which is
very small, and geometry made him recognise it to be greater than
the earth. Then he turned to the first principles of reason; but the
perception of the senses took its revenge in saying to him:
‘Previously you believed in me and you abandoned me when this
judge reason presented itself. If this judge had remained hidden you
would have continued to believe in me. Who can tell you that beyond
the reason there is no other judge, which if it made itself evident,
would convict reason of falsehood?’. That is a movement of thought
which is dramatic enough, though perhaps a little artificial.—The
thinker continued his search for the certain. He halted and
concerned himself with the famous comparison of life with a dream
and death with an awakening. Perhaps after that awakening he
would see things in a different manner from that in which he then
saw them. Mysticism thus suggested itself to him: This actual dream
of death could be anticipated by the condition of ecstasy, by less
than ecstasy, by a light which God pours into the heart. In this light,
he saw not only the truth of the dogmas of the faith or the beauty of
the moral life, but he was assured of the truth of the first principles of
reason, the basis of all knowledge and all reasoning. He doubted no
longer; he was cured of his pains; he had found certitude and
peace.”
On leaving Baghdad, he retired to meditate in the mosques of
Damascus, and is further reported to have made pilgrimages to
Jerusalem, Hebron (the burial place of Abraham), Medina and
Mecca. In abandonment to his immediate religious experience of the
love of God he found more peace. In the course of time he
associated again more definitely with his family. Eventually in 499 A.
H. (1106 A.D.) he was ordered by the Sultan to teach in the
Academy at Nysabur. After a life in which he had written a large
number of independent treatises and indeed brought about a great
change in the tendencies of Islam, he died at his native town of Tus
in 505 (1111 A.D.).
If in his initial process of doubt Ghazzali resembled Descartes, in
his view of causality he reminds us of Hume; in his general attitude
he approaches Kant and Schleiermacher. On the one hand he insists
on the limitation of the efficiency of the theoretical reason, on the
other he finds in will, in the moral and the religious experience a
more immediate avenue to real knowledge. For the study of religion
in our day it is important to note that Ghazzali (here unlike Kant)
sees in religious experience a way to certitude. But in this he is led to
acknowledge that the advance of the human mind towards its goal of
real knowledge and peace is dependent upon an active influence of
God upon man. It may be maintained that he puts here in religious
terminology the central idea of the Aristotelian conception of
Scholastic times, the relation of the “Active Intelligence” to the minds
of men. His view enabled him to give a due position to the Prophet
and the Quran. For the knowledge of God is to be conceived as
coming not in immediate mystical intuition to all alike, but while in
some degree to all, to some in a special degree. These are the
prophets. The position which Maimonides presents in his Guide to
the Perplexed[9] with relation to religious knowledge and the
functions of the prophets is parallel with that of Ghazzali.
From the accompanying list and classification of the works of
Ghazzali, it will be seen that he was a writer on all sides of the theory
and practice of his religion. He was an authority on canon law and
jurisprudence, and a commentator of the Quran. He examined the
positions of the Scholastic theologians, and found that they
depended entirely on the acceptance of their initial dogmatic
assumptions. The disputes of the Scholastics amongst themselves
appeared to have little or no relation with religious life, rather if
anything they were a hindrance to true religion. And in face of the
philosophers the Scholastic theologians were almost helpless. But
the books which exerted the greatest influence both within and
beyond Muslim circles, and the books that still retain their interest
today are the Maqasid ul Falasafa (The Aim or Goal of the
Philosophers) the Tahafat ul Falasafa (the Refutation of the
Philosophers) and the Ihya-u-Ulum-id-Din (The Renovation of the
Sciences of Religion.) In the first of these he gives an account of the
different philosophical positions which were more or less prevalent.
In the second he critically examines those positions. In the third he
gives a general survey with a constructive purpose chiefly moral and
religious. It is due to this last work more than all others that Ghazzali
has been called “The Regenerator of Religion”, “The Proof of Islam”.
The Ihya “expounds theology and ethics from the moderate Sufi
school”. Though it was committed to the flames, chiefly in Spain,
probably by those holding opinions which Ghazzali had bitterly
attacked, it soon established its position in the Muslim world, in
which it has been widely studied up to today. From it the passages
translated in this book are taken. The following table of contents will
show the range of the subjects with which it deals.
THE RENOVATION OF THE SCIENCES OF RELIGION.
Part I.
1. On Knowledge. Articles of Faith.
2. On Purification.
3. Prayer and Its Meaning.
4. Zakat and Its Meaning.
5. Fasting and Its Meaning.
6. Pilgrimage and Its Meaning.
7. The Reading of the Quran.
8. Varieties of Orisons.
9. The Order of Praying, and Vigils.
Part II.
1. On Eating.
2. On Marriage.
3. On Business.
4. The Lawful and the Unlawful.
5. Social Relations and Etiquette.
6. On Retirement.
7. On Travel.
8. On Music.
9. On Enforcing Good and Checking Evil.
10. Good Living: Description of the Prophet’s Mode of Living.
Part III.
1. Psychological Description of the Nature of Man.

2. On Virtues and the Purification of the Heart.
3. On Appetite and Passion.
4. On the Tongue: Its Goods and Evils.
5. On Anger: Enmity and Envy.
6. The Evils of the World.
7. Parsimony and the Evils of the Love of Wealth.
8. On the Evils of Reputation and Hypocrisy.
9. Pride and Vanity.
10. Self-deception.
Part IV.
1. Repentance.
2. Patience and Thanksgiving.
3. Hope and Fear.
4. The Poor and the Hermit,
5. Unity of God, and Dependence on Him.
6. On Love, Ecstasy, and Joyous Submission to His will.
7. On Intention, Sincerity and Truth.
8. Meditation.
9. Contemplation and taking a Warning.
10. On Death and the After-Life.
Against the philosophers he argued for the belief in the reality of

the divine attributes and against the view of the eternity of the world.
He contended against the theory that there would be no physical
punishments and rewards hereafter, maintaining, as he did, the
doctrine of the resurrection of the body. He virtually denied that there
is real causal connection in events as experienced by us: but only
sequence: in this he adumbrates the theory of Hume. For Ghazzali,
God is the only efficient cause. From the scepticism to which his
consideration of philosophy led him he turned to the acceptance of
revelation, this as found in the mystic experience and in the words of
saints and prophets, especially the Prophet Muhammed.
The knowledge of moral principles Ghazzali conceived as coming
not through rational reflection but by immediate intuition of the divine
character revealing itself. Moral truths come especially through moral
and religious teachers, as the most fit persons for the transmission of
these revelations. He possessed great skill in psychological analysis
of moral conditions, and passages in illustration of this have been
included here, treating of pride and vanity, friendship and sincerity.
As almost all great practical moral and religious teachers, Ghazzali
makes considerable use of apt stories, and of striking sayings from
the saints and prophets. He continually harks back to the time of the
Prophet and his “Companions”.
Ghazzali’s abandonment of his academic position at Baghdad, his
retirement to mosques and journeyings on pilgrimage, are sufficient
evidence that he recognised that the truth of mysticism could not be
tested by theoretical reflection but only by an attempt at practice.
Only the experience itself could prove its own reality. He appears to
have held that for the attainment of the condition of ecstasy the
means of asceticism and meditation should be used. But it does not
seem quite correct to suggest as does Carra de Vaux that Ghazzali
did not recognise the fact of divine “grace”, though he did not use a
corresponding term. The beatific vision of the mystic certainly
depended in part, for Ghazzali, on God’s mercy in removing the veil.
How far he himself was successful in attaining the bliss of the mystic
vision it is impossible to tell: in this direction he gained no such
reputation as did several other Sufis. He taught that repentance, a
moral conversion, is a necessary preliminary to the mystic life, and
he fought against a common tendency of mystics towards
antinomianism. Similarly he tried to avoid the danger of interpreting
the union of the soul with God as its identification with God in a
pantheistic view of the universe. Goldzieher says he differed from
the Sufis generally in the rejection of their pantheistic aims and low
estimate of religious ordinances.[10]
A LIST OF WORKS BY AL GHAZZALI[11]
A: CANON LAW.
Title. Subject. Place and date of publication.
K. Wajiz Canon Law. Cairo 1317 A. H.
(Compendium).
Risalat-ul- (Transcendence of
Qudsiyya. God) included in
Ihya as the 3rd
section of the
2nd Chapter of
its Book 1.
Anqud ul Mkhtasir. Summary of Jowim’s
Mukhtasar.
Ghait ul Ghor fi Divorce.
Masail il dor.
Gaur ul Durar.
Qanun ul Rasul. The Canon Law of
the Prophet.
B: JURISPRUDENCE.
Al Mustafa. Jurisprudence. Boulac 1322 A. H.
Al Manhul wal Doctrines falsely
Muntahal. attributed to
others and
falsely claimed
by some.
Jurisprudence.
Wajiz fil Furu. Jurisprudence. Egypt 1305 A. H.
Khulasat ul Fikh Jurisprudence.
(Quintessence
of
Jurisprudence).
Al-durr ul Manzum An Exposition of
fi sirr il Muktum Shafite
Wasit. Jurisprudence.
C: LOGIC.
Mizan ul Amal. Logic. Cairo 1328 A. H.
Mihakkul Nazar fil Logic. Cairo
Mantaq.
(Whetstone of
reflection).
Maayar ul Ilm. Logic.
Al Maarif ul Discourses on Logic.
Aqliyyah wal
Allahiyyah Al
Mutaqid.
Mayar ul Ilm Fannil On Logic. Cairo 1329 A. H.
Mantaq. (the
weighing scale
of the science).
D: PHILOSOPHY.
Ihya u-Ulum-id-Din. (The most important Cairo 1322, 1324 A. H.
book for his
philosophy).
Egypt 1282 ”
Lucknow 1281 ”
Meerut 1280 ”
Maqasid ul Cairo 1326 ”
Falasafa. (The
aims of the
philosophers).
Maznun bihi ala Exposition of ” 1328 ”
Ghairi Ahlihi. Ghazzali’s own
views.
Kitab-ul-Arbain. Abridgement of Ihya. ” 1328 ”
Risalat ul Knowledge (Ilham ” 1328 ”
Luduniyya. and Wahi)

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It shall be an unlawful employment practice for an employer—

III. Evolving Definitions of Race

Alonzo v. Chase Manhattan Bank, N.A

IV. Background of Racial Discrimination in the United States

V. Race: Putting It All Together

VI. General Considerations

VII. Recognizing Race Discrimination

included under race discrimination claims by the EEOC.

The case demonstrates intent may be established by direct evidence of discrimination by an

Chandler v. Fast Lane, Inc.

VIII. Racial Harassment

As Daniels demonstrates, the employer’s best approach to racial harassment is to maintain a

IX. A Word about Color

included under race discrimination claims by the EEOC.

liability for race and color discrimination.

of $48 million against Denny’s.

Alonzo v. Chase Manhattan Bank, NA, 25 F. Supp. 2d 455 (S.D.N.Y. 1998)

Decision: Due to Alonzo’s pronouncement that he was discriminated against because he is an

Title: Some religious and moral teachings of Al-Ghazzali

Author of introduction, etc.: Alban G. Widgery

Translator: Syed Nawab Ali

Release date: March 11, 2024 [eBook #73140]

Original publication: Baroda: A. G. Widgery, 1921

Credits: Fritz Ohrenschall and the Online Distributed

*** START OF THE PROJECT GUTENBERG EBOOK SOME

SOME RELIGIOUS AND MORAL

Printed by Mr. K. G. Patel at the Lakshmi Vilas P. Press

SOME RELIGIOUS AND MORAL

Being brief extracts from his

Freely rendered into English by

1. Psychological Description of the Nature of Man.

Against the philosophers he argued for the belief in the reality of

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