Racial Discrimination

Title VII of the Civil Rights Act bans employers from discriminating against employees or job applicants on the basis of race. Employment decisions due to stereotypes or assumptions regarding race, color or national origin; ancestry, birthplace or culture; linguistic characteristics; or surname associated with a specific national origin are prohibited. Whether the discrimination is overt or more subtle — in the form of policies that negatively affect members of a specific racial group — it is illegal. If you have been the subject of an employer's discrimination on the basis of your race, color or national origin, contact an attorney for advice and representation.

Types of Racial Discrimination

Racial discrimination in employment can arise in numerous scenarios. Because of their race, employees may be denied promotions; paid less for equal work; disciplined more harshly than others of a different race; fired; refused employment; or perhaps never even interviewed. Title VII prohibits these occurrences.

Whether the employer actively creates a hostile environment for employees of a certain race or designs policies that have a disparate impact on employees of different races, the employer may be breaking the law.

Inappropriate Interview Questions

It is inappropriate and illegal for an employer to question a job applicant about race, color or national origin. For instance, an interviewer should never ask questions such as:

• What is the origin of your last name?

• You look exotic. Are you mixed race?

• Where do your people come from?

If an interviewer asks you such a question, you may want to ask the interviewer to repeat it so you are sure you understood what was asked. The interviewer may realize the error and move on. If not, record what happened as soon as possible after the interview in case the question indicated discrimination.

If you experience discrimination on the job, it is also a good idea to keep a log of such occurrences with as much detail as possible. Determine your employer's policy for reporting such events and consult with an attorney to make sure you preserve your rights.

Other Types of Race, Color and National Origin Discrimination

Title VII prohibits on-the-job discrimination and discrimination during the interview process, but it also protects workers from employer discrimination based on their personal lives. An employer may not discriminate against an employee or applicant because of the race, color or national origin of the people with whom employee or applicant associates.

An "English-only" rule at work may violate Title VII national origin rules unless it is necessary to the business. The employer must inform employees when English must be spoken and the consequences for violating the rule.

Contact an Attorney

Employees and applicants for employment have the right to be free from racial and other discrimination in hiring, firing, promotion, training, benefits, compensation and other aspects of the employment relationship. If you are an employee or applicant for employment and you feel you have been discriminated against on the basis of your race, color or national origin, get in touch with an experienced employment law attorney.

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