Race / Color Discrimination: Facts

Employment discrimination on the basis of race and color is prohibited under Title VII of the federal Civil Rights Act of 1964. As with any other type of discrimination, Title VII prohibits race / color discrimination in regard to hiring, firing, promotion and all other terms and conditions of employment. Bias based on assumptions or stereotypes of certain racial groups also is unlawful.

In addition to intentional race and color discrimination, Title VII also prohibits otherwise neutral employment policies that have a disparate impact on a particular racial minority or people of a certain skin color.

Federal law also prohibits discrimination against individuals on the basis of marriage or association with someone of a particular race or color; membership in an ethnic-based organization; or participation in churches or institutions associated with a specific minority group.

Characteristics & Conditions

Title VII protects against discrimination on the basis of certain traits and characteristics common to a particular racial group, such as hair texture, even though these characteristics may not be shared by all members of that group.

Unless the employer can prove a business necessity, it is unlawful to discriminate on the basis of a condition that primarily affects members of one racial group. For example, a policy excluding applicants with sickle cell anemia—which overwhelmingly affects people of African descent—would be considered discriminatory.

Harassment

Harassment on the basis of one's race and/or skin color consists of racial slurs and jokes, offensive comments or other negative conduct based on race or color. Such harassment that results in intimidation or a hostile work place, or which interferes with work performance, is in violation of Title VII.

Segregation & Classification

Minority employees may not be segregated physically from other employees or from customer contact; may not be disproportionately assigned to predominantly minority regions; or excluded from certain jobs or employment categories. Also, it is considered evidence of discrimination if an employer or employment agency codes applications or resumes according to race.

Pre-Employment Inquiries

Employers may lawfully request information about employees' or job applicants' racial classification in order to track diversity or for affirmative action purposes. However, such information would be considered evidence of discrimination if members of a particular minority group are excluded disproportionately.

Employers interested in the racial makeup of prospective employees are advised to use so-called "tear-off sheets" during the job application process as a precaution. The employer separates the portion of the application inquiring about race from the rest of the application in order to maintain the desired records without becoming exposed to discriminatory selection claims.