Race Discrimination at Work
Race Discrimination Definition
Race discrimination is also referred to as race-based discrimination, racial
discrimination or color discrimination. Race discrimination
at work occurs when employers or their representatives demonstrate prejudice
against employees on the basis of their race or skin color.
Race Discrimination Laws
There are no Federal "race discrimination laws" entitled as
such. Rather race discrimination law falls under Title VII of the Civil
Rights Act of 1964, a landmark Federal
discrimination law that prohibits employment prejudice on the basis
of religion, national
origin or sex (gender), and race
or color as well.
Title VII applies to private-
and public-sector
employers with 15 or more employees, and employment agencies and labor
unions. It protects all employees from race discrimination at work,
not just racial minorities.
States may enact their
own race discrimination laws that have the same or better protections
than Title VII. Many have under what are typically referred to as fair
employment practices laws or FEP laws. You are protected
by whichever law affords the most protection.
Race discrimination is prohibited in any aspect of employment under Title
VII, including:
Race discrimination at work is prohibited, not only on the basis of race
or skin color, but also on the basis of racial characteristics, stereotypes
and assumptions, and associations with people of a particular race or color.
Race discrimination at work is also prohibited in the form of a hostile
work environment created by racial or ethnic slurs, racial jokes,
derogatory comments, or any other offensive workplace conduct based on
race or color.
Race Discrimination Legal Recourse
The U.S. Equal Employment Opportunity Commission (EEOC)
enforces race discrimination law under Title VII. If you reasonably believe
that your employer has discriminated against you at work on the basis of
race or color, then you or your representative, such as your lawyer,
may file
a race discrimination charge against your employer with the EEOC. "Employer"
includes a boss, coworker or other employer
representative.
To file a race discrimination charge with the EEOC, you don't have to
know for sure that your employer violated Title VII or an equivalent state
law, as that's for your lawyer or the EEOC to figure out. You need only
to reasonably believe that your employer is guilty of race discrimination
against you; but, of course, it's not a good idea to file a frivolous charge.
Because the EEOC is barraged with discrimination charges annually, they
take on only the most legally-compelling cases. Subsequently, you might
want hire a lawyer to file your charge in
a legally-compelling way, to better convince the EEOC to take your case
or grant you permission to file a lawsuit in court. Lawyers often take
race discrimination cases on a contingency basis.
Under Title VII, your employer is prohibited from retaliating against
you for filing a race discrimination charge or lawsuit, or for participating
in related proceedings.
Your employer is also prohibited from retaliating against witnesses who
testify on your behalf, such as coworkers. If your employer retaliates
against you or your witnesses anyway, then you or your witnesses may take
legal action to seek relief.
Suing to seek relief for race discrimination or race-based
retaliation under Section 1981 of civil rights law has several advantages
over suing for same under Title VII. For more information, see the blog
post "Race-Based Retaliation
Lawsuits" or consult a lawyer.
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