What is racial, ethnic, and color-based discrimination?
Despite the perception that discrimination is a thing of the past, racial, ethnic, and color-based discrimination persists in contemporary work environments. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on racial, ethnic, color and other specified characteristics. Discrimination can originate from various sources, including employers, supervisors, coworkers, and even non-employees such as clients or customers.
Employees and job applicants continue to experience discrimination based on race, ethnicity, and/or color. While race, ethnicity, and color are often interrelated, they are distinct. Racial discrimination occurs when a person is treated negatively because of their race or their racial features such as but not limited to hair texture, body build, or height. Ethnic discrimination occurs when a person is treated unfavorably because of their ethnicity and/or culture. Color-based discrimination occurs when a person is treated adversely because of the color of their skin. Racial, ethnic, and color-based discrimination can occur between individuals of the same racial or ethnic group or between people of different races or ethnicities.
In which aspects are employees protected from racial, ethnic, and color-based discrimination?
Title VII prohibits racial, ethnic, and color-based discrimination in any aspect of employment. This includes hiring, firing, promotions, training, compensation, benefits, layoffs, and any other job-related decision. Title VII protects employees and job applicants from the following:
Job Applications and Hiring:
- Soliciting information that may indirectly disclose an applicant’s race.
- Coding resumes and applications to highlight the applicant’s race.
- Hiring a prospective employee based on attributes that would suggest a specific race or ethnicity.
- Assuming an individual’s abilities, character, or job performance based on their race, ethnicity, or color.
Discrimination in the Work Environment:
- Racial stereotypes
- Cultural practices
- Cultural attire
- Medical conditions
- Involvement in ethnic or racial groups and organizations
While these are some examples, numerous methods exist through which racial, ethnic, and color-based discrimination can manifest in adverse employment outcomes, such as limiting promotional opportunities or job assignments for minority employees. Adverse employment outcomes may include, but are not limited to, involuntary leave or social isolation from client or employee interactions. Additionally, employers cannot discriminate against someone because of a medical condition that disproportionately affects people of a certain race. For example, Pacific Islanders may be more prone to gout, and an employer cannot discriminate against an employee with gout who needs to take time off.
If you recognize a pattern of racial, ethnic, and color-based discrimination from your employer, it is important to gather and document the pattern, including dates, times, and specific details of the incidents. The next step is to notify your supervisor, manager, or regional manager. The best way to do this is in writing, like an e-mail, so you have proof of your complaint.
What is racial, ethnic, and color-based harassment?
Title VII protects individuals against racial, ethnic, and color-based harassment. While occasional teasing or offhanded comments generally are not considered harassment, persistent or severe racial, ethnic, and color-based remarks can create a hostile work environment and violate the law.
Harassment can manifest in many forms, such as racial slurs, ethnic jokes, and demeaning remarks of an individual’s race, ethnicity, color, and/or physical features.
Here are a few examples of racial, ethnic, or color-based harassment:
- Insulting or mocking an individual because of their race, ethnicity or color.
- Making jokes that are offensive or demeaning towards an employee.
- Spreading stereotypes about employees.
- Making fun of an individual’s accent or dialect.
- Focusing on racial, ethnic, or color-based differences regarding physical or mental attributes.
What if my employer retaliates against me?
Title VII protects victims of racial, ethnic, or color-based discrimination or harassment from retaliation. Title VII makes it illegal to discriminate against an individual for reporting racial, ethnic, or color-based discrimination or harassment. This means you cannot be discriminated for filing a complaint or participating in an investigation involving racial, ethnic, or color-based discrimination or harassment.
If you believe you have experienced racial, ethnic, or color-based discrimination or harassment, it is important to seek legal advice. Our firm has over 10 years of experience representing clients in employment law cases, including federal employees and non-federal employees in California.
Do not permit racial, ethnic, or color-based discrimination or harassment to compromise your mental well-being or career aspirations.
