Race/Color Discrimination

It is unlawful for an employer to treat an employee or applicant unfavorably because he or she is of a certain race, because he or she possesses personal characteristics associated with a certain race (such as hair texture, skin color, or certain facial features), or because of his or her skin color complexion.  For example, it is illegal for an employer to refuse to hire an African American employee who possesses excellent qualifications because some of the company’s long-time clients are not comfortable dealing with African Americans.

Notably, discrimination can occur when the victim and the person who inflicted the discrimination are the same race or color.

Further, an employment policy or practice that applies to everyone, regardless of race or color, can be illegal if it has a negative impact on the employment of people of a particular race or color and is not job-related and necessary to the operation of the business.  For instance, a “no-beard” employment policy that applies to all workers without regard to race may still be unlawful if it is not job-related and has a negative impact on the employment of African American men (who have a predisposition to a skin condition that causes severe shaving bumps).

It is also unlawful to harass a person because of that person’s race or color.  Harassment can include, among other things, racial slurs, offensive or derogatory remarks about a person’s race or color, or the display of racially-offensive symbols.

Harassment can come from just about anyone.The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

 

Examples of Race Discrimination:

• An employer refuses to hire an African American employee who possesses excellent qualifications because some of the company’s long-time clients are not comfortable dealing with African Americans.
• A Caucasian employee is told that he or she is being laid off due to company cutbacks and reorganization, while African American employees with the same job and with less seniority keep their jobs.
• A Caucasian employee is paid more than an Asian employee who holds the same position and possesses similar training and work experience.
• An employee who has worked for an employer for several years and consistently received exemplary reviews is routinely denied for promotions that are awarded to less qualified individuals of a different race.
• An employee’s coworker tells jokes insulting African Americans, Latinos, Asians, and other minorities; when the employee reports the coworker, the manager instructs the employee to simply ignore the coworker instead of disciplining the coworker.