Racism can happen anywhere, including at work. Here’s what to know about racial discrimination in the workplace.
Racial discrimination in the workplace is unacceptable and is illegal in all states. Federal law under the Civil Rights Act prohibits racial discrimination. There are two recognized forms of racial discrimination: disparate treatment and disparate impact. Disparate treatment discrimination is intentional discrimination, while the disparate impact is when a neutral employment policy has a disproportionately negative impact on employees of color.
What is Racial Discrimination in the Workplace?
Racial discrimination in the workplace involves treating an employee unfairly because of their race or because of race-related characteristics, such as skin color or hair texture. It is unlawful to discriminate against employees based on their race or for being married to a person of a certain race.
Examples of racial discrimination in the workplace include wrongful termination, denial of promotions, unfair pay, and harassment in the workplace for race-related reasons.
Related: What You Can Sue an Employer for in California
Racial Discrimination Laws
Title VII of the Civil Rights Act of 1964 protects individuals from discrimination in the workplace on the basis of race. Employers may not discriminate against employees because of their race in conditions of employment such as termination, discipline, promotion, compensation, or benefits.
Title VII applies to all private and public employers and educational institutions that employ 15 or more employees. State laws may be more stringent. The CRA recognizes two types of racial discrimination: disparate treatment and disparate impact.
Related: Types of Discrimination in the Workplace
Disparate Treatment Discrimination
Disparate treatment racial discrimination is when an employer intentionally treats an employee unfairly based on the employee’s race. For example, an employer may pay employees of color less than white employees, or only require drug testing for their employees of color.
Disparate Impact Discrimination
Disparate impact racial discrimination is not intentional but takes place when an employer’s application of neutral policy disproportionately had a negative effect on employees of a certain race. For example, employment requirements such as hair grooming or height may discriminate against certain races.
FAQs
What is racial discrimination?
Racial discrimination is when an employer treats an employee unfairly based on their race or race-related characteristics. For example, racial discrimination may occur if an employer pays an employee of color less or denies a qualified employee a promotion because of their race.
Contact Her Lawyer
If you or a loved one has experienced racial discrimination in the workplace, get your free consultation with one of our California Racial Discrimination Attorneys today!