Racial Discrimination in Employment
Racial discrimination in any aspect of employment has been illegal in the United States since Congress passed the Civil Rights Act in 1964. Employers must provide equal opportunity to workers of different races in areas such as hiring, firing, promotions and benefits. A federal government agency, the Equal Employment Opportunity Commission, enforces anti-discrimination laws on a national level.
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Definition
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The Civil Rights Act makes discrimination illegal for all employers with at least 15 employees. The EEOC defines racial discrimination as any adverse action based on ancestry or characteristics such as skin color, hair styles or facial features. Federal employment data forms list five categories of race: American Indian or Alaska Native, Black or African American, Asian, White and Native Hawaiian/Other Pacific Islander. The forms also list one ethnicity category, Hispanic or Latino. Discrimination on the basis of skin color likewise is a violation of federal law.
History
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The Civil Rights Act of 1964 covers recruitment, hiring and firing, promotion, wages and benefits, assignments, performance evaluations, disciplinary actions, transfers and layoffs. In 1991, an amendment to the Civil Rights Act ushered in several changes. One was to confirm that racial harassment in the workplace fell under the scope of the law. Another was to allow the awarding of punitive damages for pain and emotional suffering for employees who won racial discrimination lawsuits.
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Considerations
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Certain instances of racial discrimination, falling under the category of intentional discrimination, may be obvious: Basing any employment decision on either an employer's own racial preferences or the preferences of clients or other employees, for example. Other employment policies, which seem neutral on the surface, might qualify as more subtle examples of discrimination. The EEOC cites as an example an employer who bans beards in the workplace. The practice might disproportionately exclude African-American men because they are more likely to have an inflammatory skin condition that prevents them from shaving closely. The employer's beard ban would be lawful only if the employer can show that having beards would affect an employee's safety or job performance.
Misconceptions
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The EEOC notes that all races, not only minorities, fall under the protection of anti-discrimination laws. Although racial discrimination has predominantly affected minorities, white workers have been successful in lawsuits that claim "reverse discrimination." Such claims most often have stemmed from affirmative action policies, which favor the interests of minorities in an attempt to correct previous employment-related discrimination. Some court rulings have indicated that hiring practices may not disproportionately exclude white applicants for the sake of affirmative action.
Solution
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When hiring, employers should ensure advertisements are race-neutral, and perhaps state their status as an equal opportunity employer. Using current employees to informally recruit job applicants, such as family and friends, may be a basis for a discrimination claim if the workforce is not diverse, according to the EEOC. Policy manuals and inhouse workshops on the importance of diversity may be effective in educating the workforce.
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References
Resources
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