The U.S. Equal Employment Opportunity Commission
Facts About Race/Color Discrimination
Title VII of the Civil Rights Act of
1964 protects individuals against employment discrimination on
the basis of race and color as well as national origin, sex, or
religion.
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.
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 which 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 which 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 minority employees are segregated by
physically isolating them from other employees or from customer
contact. Title VII also prohibits assigning primarily minorities to
predominantly minority establishments or geographic areas. It is
also illegal to exclude minorities from certain positions or to
group or categorize employees or jobs so that certain jobs are
generally held by minorities. Coding applications/resumes to
designate an applicant's race, by either an employer or employment
agency, constitutes evidence of discrimination where minorities are
excluded from employment or from certain positions.
Pre-Employment Inquiries
Requesting pre-employment information which discloses or tends
to disclose an applicant's race suggests that race will be
unlawfully used as a basis for hiring. Solicitation of such
pre-employment information is presumed to be used as a basis for
making selection decisions. Therefore, if members of minority
groups are excluded from employment, the request for such
pre-employment information would likely constitute evidence of
discrimination.
However, employers may legitimately need information about their
employees' or applicants' race for affirmative action purposes
and/or to track applicant flow. One way to obtain racial
information and simultaneously guard against discriminatory
selection is for employers to use "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.
See also: How To File A Charge of Employment Discrimination
This page was last modified on June 28, 2002.
The above article was reprinted from the Equal Employment Opportunity Commission.
Check the EEOC website for any changes to the article.
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