The U.S. Equal Employment Opportunity Commission
Race/Color Discrimination
Title VII of the Civil Rights Act of
1964 protects individuals against employment discrimination on
the bases of race and color, as well as national origin, sex, and
religion. Title VII applies to employers with 15 or more employees, including
state and local governments. It also applies to employment agencies and to labor
organizations, as well as to the federal government.
It is unlawful to discriminate against any employee or applicant
for employment because of his/her race or color in regard to
hiring, termination, promotion, compensation, job training, or any
other term, condition, or privilege of employment. Title VII also
prohibits employment decisions based on stereotypes and assumptions
about abilities, traits, or the performance of individuals of
certain racial groups. Title VII prohibits both intentional
discrimination and neutral job policies that disproportionately
exclude minorities and that are not job related.
Equal employment opportunity cannot be denied because of
marriage to or association with an individual of a different race;
membership in or association with ethnic based organizations or
groups; or attendance or participation in schools or places of
worship generally associated with certain minority groups.
Title VII violations include:
- Race-Related Characteristics and Conditions
Discrimination on the basis of an immutable characteristic
associated with race, such as skin color, hair texture, or certain
facial features violates Title VII, even though not all members of
the race share the same characteristic. Title VII also prohibits discrimination on the basis of a
condition that predominantly affects one race unless the practice
is job related and consistent with business necessity. For example,
since sickle cell anemia predominantly occurs in African-Americans,
a policy that excludes individuals with sickle cell anemia must be
job related and consistent with business necessity. Similarly, a
"no-beard" employment policy may discriminate against
African-American men who have a predisposition to
pseudofolliculitis barbae (severe shaving bumps) unless the policy
is job related and consistent with business necessity.
- Harassment
Harassment on the basis of race and/or color violates Title VII.
Ethnic slurs, racial "jokes," offensive or derogatory comments, or
other verbal or physical conduct based on an individual's
race/color constitutes unlawful harassment if the conduct creates
an intimidating, hostile, or offensive working environment or
interferes with the individual's work performance.
- Segregation and Classification of Employees
Title VII is violated where employees who belong to a protected group
are segregated by physically isolating them from other employees or from
customer contact. In addition, employers may not assign employees according
to race or color. For example, Title VII prohibits assigning primarily
African-Americans to predominantly African-American establishments or
geographic areas. It is also illegal to exclude members of one group from
particular positions or to group or categorize employees or jobs so that
certain jobs are generally held by members of a certain protected group.
Coding applications/resumes to designate an applicant's race, by
either an employer or employment agency, constitutes evidence of
discrimination where people of a certain race or color are excluded from
employment or from certain positions.
- Pre-Employment Inquiries
Requesting pre-employment information that discloses or tends
to disclose an applicant's race strongly suggests that race will be
used unlawfully as a basis for hiring. Therefore, if members of minority
groups are excluded from employment, the request for such
pre-employment information would likely constitute evidence of
discrimination.
If an employer legitimately needs information about its
employees' or applicants' race for affirmative action purposes
and/or to track applicant flow, it may obtain racial
information and simultaneously guard against discriminatory
selection by using "tear-off sheets" for the
identification of an applicant's race. After the applicant
completes the application and the tear-off portion, the employer
separates the tear-off sheet from the application and does not use
it in the selection process.
It is also unlawful to retaliate against an individual for
opposing employment practices that discriminate based on race or color, or for
filing a discrimination charge, testifying, or participating
in any way in an investigation, proceeding, or litigation under
Title VII.
Statistics
In Fiscal Year 2001, EEOC received 29,910 charges of race-based discrimination.
EEOC resolved 33,199 race discrimination charges in FY 2002 and
recovered $81.1 million in monetary benefits
for charging parties and other aggrieved individuals (not including
monetary benefits obtained through litigation).
Need more information?
Please see the text of Title VII of the Civil Rights Act and
the Compliance Manual Section on Compensation
Discrimination.
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This page was last modified on January 6, 2004.
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