Race Discrimination in the Workplace
Race discrimination is prohibited by law in the U.S. According to Workplace Fairness, "Race discrimination is treating individuals differently in their employment because of their race, color, or ethnic origin." This legal doctrine is encoded into law here in the U.S. in Title VII, a section of the Civil Rights Act of 1964.
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Title VII
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Title VII of the Civil Rights Act of 1964 makes it illegal for an employer to discriminate against individuals because of their race in hiring, firing and/or other employment-related issues such as promotions, raises and other job opportunities. Most states also have similar laws on the books.
Who Is Covered Under Title VII
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The regulations provided under Title VII apply to all private employers, state and local governments, and educational institutions that have 15 or more employees. Title VII also covers commercial and public employment agencies, labor organizations, and the joint committees controlling apprenticeship and training programs. Small businesses with fewer than 15 employees are exempt from Title VII, but there are similar state anti-discrimination laws that apply in almost all cases.
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Hypothetical Examples of Race Discrimination
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A few hypothetical examples of race discrimination include:
- You apply with a company for a job that you are highly qualified for, but you do not even get an interview (particularly if you have applied for more than one position there or also have friends/colleagues of race with similar experiences).
- You are told that you are being laid off due to company reductions and reorganization, while all the employees of a different racial background with the same job title/responsibilities and with less seniority than you somehow keep their jobs.
- You worked for a company for several years to become a project manager. A project manager of a different race with the same background and work experience was recently hired, and you discover in a conversation with him that he will be paid more than you.
Other Aspects of Race Discrimination
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It is also illegal to discriminate against someone based on their marriage or association with individuals or groups of another race, as this is considered another form of race discrimination.
Race discrimination can occur between individuals of the same race. That is, even if the employer is of the same race as the employee, he can still be guilty of race discrimination if he makes employment-related decisions on the basis of the physical characteristics of race.
Racial Harassment and Race Discrimination
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Racial harassment is not specifically mentioned in Title VII, but it is in many state statutes, and courts have consistently ruled that racial harassment is legally equivalent to race discrimination. It should be noted that offhand comments and occasional off-color jokes are not usually racial harassment. To qualify as harassment (and therefore race discrimination if not dealt with by the employer) the race-related behaviors must be frequent or severe enough to create an intimidating, hostile or offensive working environment.
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References
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