Treating an employee unfairly based on their race, color, or ethnicity in regards to hiring, termination, promotions, benefits, compensation, and the work environment is considered racial Discrimination. The U.S. Equal Opportunity Employment Commission (EEOC) enforces the federal laws that prohibit racial discrimination in the work place.
Title VII of the Civil Rights Act is the primary federal law that prohibits discrimination based on racial group, perceived racial group, race-related characteristics or association with someone of a particular race. Additionally, it is illegal to use stereotypes regarding the abilities or limitations of people of a particular race when making employment decisions.
The law prohibits both intentional discrimination and job policies that are not specifically job-related but disproportionately affect employees of a certain race
Federal law protects employees in the following categories:
Recruiting, hiring, and promotions. Employers must present the same job requirements to applicants of every race. Information about a prospective employee’s race may NOT be included in an application or should be kept separate if the employer requires the information for affirmative-action purposes.
Pay, benefits, and terms of employment. Race may not be the reason for differences in compensation, benefits, work assignments, performance evaluations, training, discipline, or termination.
Harassment. Racial slurs and derogatory comments are prohibited. Employers are required to take the proper steps to prevent or correct these behaviors from other employees.
Retaliation. Employers may not terminate, demote, or otherwise retaliate against an employee who speaks against racial discrimination or participates in an anti-discriminatory proceeding.
If you have been the victim of racial discrimination, you must file a complaint with the EEOC within 180 days of the incident. Also, I encourage you to call my office, The Law Offices of Todd M. Friedman at (877) 449-8898 to discuss your case.