Race discrimination includes discrimination
on the basis of race, color, or ethnic origin.
Race discrimination also includes discrimination
on the basis of physical characteristics associated
with a particular race. Title VII of the Civil
Rights Act and various other federal and state
laws prohibit discrimination based on ancestry or
ethnicity. All states have stronger anti-discrimination
laws directed at fighting job-related race and minority
discrimination.
Title VII also prohibits employment decisions
based on stereotypes and assumptions about abilities,
traits, or the performance of individuals of certain
racial groups. It prohibits both intentional discrimination
and neutral job policies that disproportionately exclude
minorities and that are not job-related.
Equal employment opportunity cannot be denied because
of marriage to. or association with, an individual
of a different race; membership in, or association
with, ethnic-based organizations or groups; or attendance
or participation in schools or places of worship generally
associated with certain minority groups.
Examples of discrimination committed by some employers:
 |
Paying lower salaries
and other compensation to blacks and Hispanics
|
|
Engaging in a quota system |
|
Denying promotion on the basis
of race or color. |
Title VII violations include:
Race-related characteristics
and conditions:
Discrimination on the basis of an immutable characteristic
associated with race—such as skin color, hair
texture, or certain facial features—is in violation
of the law. It also prohibits discrimination on the
basis of a condition that predominantly affects one
race, unless the practice is job-related and consistent
with business necessity. For example, since sickle
cell anemia predominantly occurs in African-Americans,
a policy that excludes individuals with sickle cell
anemia must be job-related and consistent with business
necessity.
Harassment on the basis of
race or color.
Ethnic slurs, racial "jokes," offensive
or derogatory comments, or other verbal or physical
conduct based on an individual's race or color constitutes
unlawful harassment, if the conduct creates an intimidating,
hostile, or offensive working environment or interferes
with the individual's work performance.
Segregation and Classification
of Employees
For example: employees who belong to a protected group
are segregated by physically isolating them from other
employees or from customer contact. In addition, employers
may not assign jobs to employees according to race
or color; for instance, assigning primarily African-Americans
to predominantly African-American establishments or
geographic areas. It is also illegal to exclude members
of one group from particular positions, or to group
or categorize employees or jobs so that certain jobs
are generally held by members of a certain protected
group.
Coding job applications or resumes to designate an
applicant's race, by either an employer or employment
agency, constitutes evidence of discrimination, where
people of a certain race or color are excluded from
employment or from certain positions.
Pre-Employment Inquiries
Requesting pre-employment information that discloses
or tends to disclose an applicant's race strongly
suggests that race will be used unlawfully as a basis
for hiring. Therefore, if members of minority groups
are excluded from employment, the request for such
pre-employment information would likely constitute
evidence of discrimination.
If an employer legitimately needs information about
its employees' or applicants' race for affirmative
action purposes and/or to track applicant flow, it
may obtain racial information and simultaneously guard
against discriminatory selection by using "tear-off
sheets" for the identification of an applicant's
race. After the applicant completes the application
and the tear-off portion, the employer separates the
tear-off sheet from the application and does not use
it in the selection process.
Employee's Rights
Solely because of race or color,
employers cannot:
|
Deny an applicant
a job |
|
• Set different wage rates
|
|
Pay non-whites less |
|
Deny transfers, promotions,
or assignments |
|
Penalize employees with reduced
privileges, employment opportunities, or compensation
|
|
Fire employees. Also, employers
cannot retaliate against an individual for opposing
employment practices that discriminate because
of race or color, or for filing a discrimination
charge, or for testifying or participating in
any way in an investigation, proceeding, or litigation. |
