How to Identify Race Discrimination on the Job
Title VII of the Federal Civil Rights Act prohibits an employer from denying you employment or promotion, subjecting you to harassment or other actions because of your race. The agency which enforces it, the Equal Employment Opportunity Commission, recognizes that an employment practice may racially discriminate. As a result, you can identify racial discrimination on your job where a practice has a disproportionate effect on a racial group or where an employer consistently treats members of one group differently.
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Instructions
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Examine whether a job requirement or qualification involves a characteristic or trait found predominately in a particular racial group. According to the Equal Employment Opportunity Commission, a "no-beard policy" may discriminate against African-American males who are predisposed to severe shaving bumps. Similarly, the commission views the disqualification of persons with sickle-cell anemia as potentially discriminatory since it affects primarily African-Americans.
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Observe whether the employer regularly assigns an employee to an area with a high percentage of persons in the same racial group as the employee. According to its compliance manual, the Commission considers such a practice potentially illegal since it segregates, limits or classifies employees based upon race.
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Listen and look for an employer's use of "code words," which the Commission describes as racially neutral on the surface, but carry a racial meaning in context. Such words or comments might include "All-American" or, as the Commission states, persons with "soft skills" or a "clean-cut image."
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Determine whether the employer lacks consistency in compensation, evaluation, training or disciplinary practices. Identify employees who receive different disciplinary actions for similar conduct. According to the Commission, racial discrimination may occur when members of one race do not receive counseling or suggestions for improvement.
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Observe and note the instances and frequency of racial slurs or symbols in the workplace. Many courts conclude that discrimination based upon racial harassment may occur if an employer has either actual knowledge or is put on notice by complaints of harassment and fails to take actions to stop the harassment.
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Determine if few or no members of a particular racial group hold managerial or supervisory positions, receive employment offers or hold higher-paying positions. This might serve as evidence of racial discrimination, at least on the surface.
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Tips & Warnings
If you believe you have faced racial discrimation by an employer, file a complaint with the Equal Employment Opportunity Commission. Go to the Commission's web page for field offices (http://www.eeoc.gov/field/index.cfm) and click on the state in which you live. Verify that your county lies within the area served by the field office.
Record in a notebook the date and time of any comments or actions you believe are discriminatory. Include the name and job title of the speaker or actor.
The federal law against employment discrimination applies to employers who have at least 15 employees. If an employer has less, it is not subject to federal discrimination law. Your state may have anti-discrimination laws to cover such employers.
Before you can sue an employer for racial discrimination, you must first file a complaint with the Equal Employment Opportunity Commission within 180 days after occurrence of the practice or act which you claim to be discriminatory. The Commission will investigate and decide whether to take action to enforce the law or remedy the discrimination. If the Commission does not take further action, it will notify you that you have the right to sue in state or federal court.
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