Racial Discrimination

Racial discrimination occurs in the workplace when employees are treated differently based on their race or ethnicity. Title VII of the Civil Rights Act of 1964 ("Title VII") protects individuals against employment discrimination on the basis of race. Specifically, Title VII prohibits employers from denying an employment opportunity because of an individual's racial group, racial characteristics, or marriage to or association with someone of a particular race or color.

Applying Title VII

All employers with fifteen or more employees must adhere to Title VII. State and local governments are considered "employers" within the scope of Title VII. Title VII applies to discrimination against all racial groups, including Whites, Blacks, Asians, Latinos, Arabs, Native Americans, Native Hawaiians or Pacific Islanders.

Defining Discrimination

Discrimination under Title VII includes inequitable treatment based on race and race-related characteristics, such as hair texture, facial features or skin color. Title VII also prohibits discrimination on the basis of a medical condition that predominantly affects one race. Individuals with a specific medical condition may lawfully be disqualified from an employment opportunity if the disqualification is not based on race, but on the individual's ability to adequately perform their job duties.

Prohibited Behavior

Title VII prohibits the following forms of discrimination:

• Hiring potential employees on the basis of race. This includes soliciting applications from a certain racial group, and requiring applicants to have specific education and skills that are not necessary for job performance or business needs. Employers are also prohibited from requesting pre-employment information that tends to disclose a potential employee's race.
• Harassing employees on the basis of race or ethnicity. Harassment is defined as all unwelcome, offensive conduct toward an individual that is severe or pervasive. Harassment includes jokes, comments, racial slurs, or other verbal or physical abuse.
• Promoting or rewarding employees on the basis of race. Individual salaries, benefits, privileges, work assignments, performance evaluations, or any other area of employment may not be determined on the basis of race. Title VII prohibits not only intentional discrimination, but also neutral policies that disproportionately favor or discriminate against employees of a particular race.
• Segregating or classifying employees on the basis of race. Employees of a certain race may not be isolated from other employees or from customers, nor may their race be used to assign them to certain jobs or geographical locations. This includes coding employment applications to designate race.
• Retaliation. Employers are prohibited from punishing or otherwise acting adversely toward any employee who reports instances of racial discrimination or files charges against their employer for engaging in racial discrimination.

Reporting Racial Discrimination

All evidence of racial discrimination in the workplace should be reported to the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC enforces Title VII, as well as all federal equal employment opportunity regulations, practices and policies. A charge of racial discrimination may be filed by any individual who legitimately believes that his or her employment rights have been violated. Additionally, an individual, agency, or organization may file a charge on behalf of the affected individual.