Racial Discrimination in the Workplace

Racial or ethnic discrimination is a type of employment discrimination that can rear its ugly head in a variety of forms. Racial discrimination is often subtle and difficult to detect, such as an employer's failure to hire or promote a worker on the basis of race.

Whatever form it takes, racial discrimination in the workplace is strictly prohibited by the federal government and state laws. Meeting with a discrimination lawyer can help you understand how to protect your rights.

Identifying Racial Discrimination

One of the more difficult aspects of racial discrimination at work is that it can often go undetected. After all, unless an employer admits otherwise, who can say why they made a particular employment decision? That said, there are some instances where an employer may display some discriminatory intent in their employment practices.

For example, when it comes to interviewing, employers should not ask questions about a prospective employee's race. If an employer does so and decides not to hire this employee, it may serve as evidence that race played a role in the decision. Such circumstances are rare, however, and it should also be noted that employers are permitted to ask about race in the context of forms and affirmative action programs, so long as they play no part in the decision-making process.

More often, discrimination is far more subtle, and an individual will have no certainty as to why they weren't hired, unlike the example above. Asking the employer is an option, but employers could offer any viable reason that is not based on race or offer no reason at all. However, it may be possible to use hiring trends as evidence of racial discrimination.

If a lesser-qualified individual is hired or promoted to a position than an employee or applicant of another race, this could also be used as evidence of discrimination.

Race discrimination can also involve treating someone unfavorably because of marital status. Discrimination due to being married to a person of a certain race or color is also prohibited under the law.

Color Discrimination

Discrimination laws include characteristics associated with race, such as skin color and hair texture. Title VII offers protection even though not all members of the race share the same characteristic.

Even though race and color overlap, they are not exactly the same. Color discrimination is based on lightness, darkness, or another color characteristic. Color discrimination can occur between people of different races or ethnicities. It can also happen between people of the same race or ethnicity. 

Title VII does not define "color." However, the courts and the U.S. Equal Employment Opportunity Commission (EEOC) read "color" to refer to pigmentation, complexion, or skin tone. 

Disparate Impact Race Discrimination

Employers may be discriminating and not even realize it. Some employers institute hiring practices, tests, or workplace policies that single out or have a greater effect on certain races.

An employment policy or practice that applies to everyone can be race discrimination if it has a disparate impact on the employment of people of a particular race. If not done for a legitimate business purpose or properly validated, such practices could be considered racial discrimination should a claim be raised.

Federal Anti-Discrimination Laws

The primary federal laws that address race discrimination in the workplace fall under Title VII of the Civil Rights Act of 1964. The Equal Pay Act also applies to benefits and pay discrimination. Race is a protected class.

In large part, Title VII prohibits employers from:

• Failing or refusing to hire a job applicant based on a person's race
• Firing or disciplining an employee because of their race
• Paying an employee less or providing them fewer benefits on account of their race
• Failing to provide benefits, promotions, training, or opportunities to an employee because of their race
• Classifying or segregating employees or applicants by different races

Along the same lines, employment agencies cannot decide on referrals or work assignments based on an individual's race. Labor unions and representatives cannot refuse membership or expel individuals because of their race.

Many different types of discrimination can lead to a hostile work environment. Sometimes, racial discrimination coincides with another type of discrimination. 

Federal laws also protect against the following issues:

• Sexual harassment
• Age discrimination
• Disability discrimination
• Sexual orientation discrimination
• National origin discrimination

State Anti-Discrimination Laws

States do not stand on the sidelines when it comes to discrimination in the workplace. State legislation covering workplace discrimination is widespread. It mirrors federal law prohibiting discrimination based on race. The primary differences are the procedures used, and agencies contacted to claim discrimination.

Filing a Charge of Employment Discrimination

The EEOC handles charges of employment discrimination because of a person's race, among other characteristics. Many states, such as New York, make filing complaints even easier for employees. Special state agencies manage such claims.

You must contact the EEOC to file a charge for employment discrimination. This signed statement asserts that an employer engaged in employment discrimination based on race (or other protected characteristic). You must file a charge with the EEOC before filing a lawsuit for unlawful discrimination.

Filing a Racial Discrimination Complaint? A Lawyer Can Help

Have you received job-related disparate treatment due to your particular race? Everyone deserves to experience fair employment. Your race should by no means be a condition of employment. If you've experienced discrimination, don't hesitate to contact an employment law attorney. Your lawyer will review laws and your employment policy before pursuing an employment action.