Race Discrimination

Race/Color Discrimination

Reprinted from the US Equal Employment Opportunity Commission

Title VII of the Civil Rights Act of1964 protects individuals against employment discrimination onthe bases of race and color, as well as national origin, sex, andreligion. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.

It is unlawful to discriminate against any employee or applicantfor employment because of his/her race or color in regard tohiring, termination, promotion, compensation, job training, or anyother term, condition, or privilege of employment. Title VII alsoprohibits employment decisions based on stereotypes and assumptionsabout abilities, traits, or the performance of individuals ofcertain racial groups. Title VII prohibits both intentionaldiscrimination and neutral job policies that disproportionatelyexclude minorities and that are not job related.

Equal employment opportunity cannot be denied because ofmarriage to or association with an individual of a different race;membership in or association with ethnic based organizations orgroups; or attendance or participation in schools or places ofworship generally associated with certain minority groups.

Title VII violations include:

• Race-Related Characteristics and Conditions
  Discrimination on the basis of an immutable characteristicassociated with race, such as skin color, hair texture, or certainfacial features violates Title VII, even though not all members ofthe race share the same characteristic. Title VII also prohibits discrimination on the basis of acondition that predominantly affects one race unless the practiceis 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 bejob related and consistent with business necessity. Similarly, a"no-beard" employment policy may discriminate againstAfrican-American men who have a predisposition topseudofolliculitis barbae (severe shaving bumps) unless the policyis job related and consistent with business necessity.


• Harassment
  Harassment on the basis of race and/or color violates Title VII.Ethnic slurs, racial "jokes," offensive or derogatory comments, orother verbal or physical conduct based on an individual'srace/color constitutes unlawful harassment if the conduct createsan intimidating, hostile, or offensive working environment orinterferes with the individual's work performance.


• Segregation and Classification of Employees
  Title VII is violated where employees who belong to a protected groupare segregated by physically isolating them from other employees or fromcustomer contact. In addition, employers may not assign employees accordingto race or color. For example, Title VII prohibits assigning primarilyAfrican-Americans to predominantly African-American establishments orgeographic areas. It is also illegal to exclude members of one group fromparticular positions or to group or categorize employees or jobs so thatcertain jobs are generally held by members of a certain protected group.Coding applications/resumes to designate an applicant's race, byeither an employer or employment agency, constitutes evidence of discrimination where people of a certain race or color are excluded fromemployment or from certain positions.


• Pre-Employment Inquiries
  Requesting pre-employment information that discloses or tendsto disclose an applicant's race strongly suggests that race will beused unlawfully as a basis for hiring. Therefore, if members of minoritygroups are excluded from employment, the request for suchpre-employment information would likely constitute evidence ofdiscrimination.
  
  If an employer legitimately needs information about its employees' or applicants' race for affirmative action purposesand/or to track applicant flow, it may obtain racialinformation and simultaneously guard against discriminatoryselection by using "tear-off sheets" for theidentification of an applicant's race. After the applicantcompletes the application and the tear-off portion, the employerseparates the tear-off sheet from the application and does not useit in the selection process.

It is also unlawful to retaliate against an individual foropposing employment practices that discriminate based on race or color, or forfiling a discrimination charge, testifying, or participatingin any way in an investigation, proceeding, or litigation under Title VII.

Statistics

In Fiscal Year 2003, EEOC received 28,526 charges of race-based discrimination. EEOC resolved 30,702 race discrimination charges in FY 2003 and recovered $69.6 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation).

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