Key Takeaways

  • Racial discrimination in the workplace includes unfair treatment based on race, ethnicity, or skin color.
  • It can manifest in hiring, promotions, job assignments, termination, and workplace harassment.
  • Laws like Title VII of the Civil Rights Act protect individuals from racial discrimination.
  • Employers must investigate complaints and take proactive steps to prevent discriminatory practices.
  • Victims can gather evidence such as documentation, witness statements, and employment records to support claims.
  • Legal remedies include reinstatement, back pay, and compensatory damages.
  • UpCounsel connects individuals with experienced employment attorneys for legal support.

Racial Discrimination in the Workplace

Racial discrimination in the workplace is a type of discrimination based on the race of a particular employee. Although strictly prohibited by several federal laws, and laws in all 50 states and the District of Columbia, racial discrimination is still a problem in private and public companies. It's often difficult to detect compared to other forms of discrimination, making it even harder to prosecute.

Instances of racial discrimination in the workplace come in many forms. This includes:

  • Treating an employee differently based on race
  • Segregating employees of a certain race to particular jobs
  • Making decisions or distinctions based on race
  • Failing to hire a qualified individual based on race

One of the most common misconceptions of racial discrimination is the differentiation between color. While race and color are mostly used interchangeably in speech, the two are not the same in reference to discrimination. Color typically refers to one's skin tone or complexion, while race is someone's ethnic heritage. This is an important distinction to make because it makes a huge difference in how a discrimination suit is filed and tried in court.

Despite the difference in race and color, both are protected under state and local law. In addition, both types of discrimination can occur between people of different races or different colors, as well as the same races or same colors.

What Laws Protect Against Racial Discrimination at Work?

Racial discrimination in the workplace is prohibited under several federal laws. Chief among them is Title VII of the Civil Rights Act of 1964, which forbids employers with 15 or more employees from discriminating based on race, color, or national origin. Additional legal protections include:

  • Section 1981 of the Civil Rights Act of 1866 – Guarantees equal rights to make and enforce contracts, often used in employment disputes.
  • Equal Protection Clause of the 14th Amendment – Applicable to public sector employment and state agencies.
  • State and Local Laws – Many states offer broader protections and longer filing windows than federal laws.

These laws cover all aspects of employment, including hiring, termination, pay, promotions, and work conditions.

How Do I Recognize Racial Discrimination in the Workplace?

Recognizing racial discrimination in the workplace isn't easy, whether during normal office hours or during the hiring processes. The problem is that unless a supervisor or employer admits to discriminatory practices, it's difficult to prove why he or she passed over a person for a promotion or didn't hire a person for a job. It's also hard to file a claim of discrimination, especially for interviewers, employers, or supervisors who don't know that they're acting in a discriminatory way.

While most prosecuted instances of racial discrimination in the workplace are obvious, such as calling a person a derogatory term or telling racially insensitive jokes, other times more substantial evidence is necessary. Some of the less obvious ways to tell racial discrimination include:

  • A company hires someone of another race who has lesser qualifications than the applicant
  • Investigating modern hiring trends in the particular industry
  • Third-party clients show a discomfort in dealing with persons of another race

This is by no means an exhaustive list, and above all, those who feel they have been discriminated against must be able to show the negative job consequences of racial discrimination. More often than not, this may require compiling direct and indirect evidence.

What to Do if You Experience Racial Discrimination at Work

If you suspect racial discrimination in the workplace, take these steps:

  1. Document everything – Record dates, times, individuals involved, and specific incidents.
  2. Report internally – Notify your HR department or follow your company’s grievance procedure.
  3. Consult legal counsel – An attorney can help you assess the strength of your case and navigate next steps.
  4. File a charge – You can file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s fair employment practices agency.
  5. Know the deadlines – Federal law typically requires filing with the EEOC within 180 days of the discriminatory act.

Employees have a legal right to raise concerns without fear of retaliation.

How to Prove Racial Discrimination in the Workplace

To prove racial discrimination, an employee must generally demonstrate the following:

  1. They belong to a protected class.
  2. They were qualified for the job or promotion in question.
  3. They suffered an adverse employment action (e.g., being fired, demoted, or passed over for a raise).
  4. Similarly situated individuals outside their protected class were treated more favorably.

There are two types of evidence:

  • Direct evidence, such as discriminatory statements or explicit policies.
  • Circumstantial evidence, like patterns of unequal treatment or pretextual reasons for adverse actions.

Documenting incidents, preserving emails or messages, and identifying witnesses are essential steps in building a strong case.

Examples of Racial Discrimination in the Workplace

To better illustrate the idea of racial discrimination in the workplace, these examples are helpful:

  • Harassment: If a co-worker uses racial slurs or jokes, this is harassment. However, the victim needs to first call attention to the insult and tell a supervisor. If the supervisor or company does nothing, it's an example of discrimination.
  • Job Classification: Many employers have several job tiers, but in cases of discrimination, a person may take on more responsibilities and tasks without having an increase in pay or job classification.
  • Firing: Discrimination may occur when a company announces layoffs in a certain department, and although a minority gets fired, other employees of a different race with lesser seniority or skills keep their job.
  • Pay: This may go hand in hand with classification, but also with new hires. An example might be a minority who works up to a position, but an employee of a different race with a lesser degree makes more. A person of a certain race may also find that a new hire of a different race makes more than he or she does, despite the current worker having seniority.
  • Promotion: If a worker has shown his or her commitment to a company by putting together stellar work, receiving top-notch reviews, and even garnering awards, that person is definitely an asset to the company. However, if this same person applies for a promotion but gets overlooked again and again in favor of less-qualified individuals of a different race, this could constitute racial discrimination.

Individuals who find themselves victims of this type of discrimination are protected by Title VII of the Civil Rights Act of 1964, provided they work at a company of 15 or more employees.

Employer Responsibilities and Preventative Measures

Employers have a legal duty to prevent racial discrimination in the workplace. This includes:

  • Implementing anti-discrimination policies that clearly define unacceptable behavior.
  • Conducting regular training for managers and employees on racial bias and diversity.
  • Establishing clear reporting channels for discrimination and harassment complaints.
  • Investigating claims promptly and impartially.
  • Enforcing disciplinary measures against violators, regardless of rank.

Fostering an inclusive workplace culture not only minimizes legal risk but also boosts morale and productivity.

Legal Remedies Available to Victims

Victims of racial discrimination in the workplace may be entitled to several forms of legal relief, including:

  • Reinstatement to a former position
  • Back pay for lost wages and benefits
  • Front pay if reinstatement isn’t feasible
  • Compensatory damages for emotional distress
  • Punitive damages if the employer acted with malice or reckless indifference
  • Attorney’s fees and court costs

The availability of these remedies may depend on the specific laws under which the claim is filed.

Frequently Asked Questions

  1. What qualifies as racial discrimination in the workplace?
    Any unfavorable treatment based on an individual’s race, ethnicity, or skin color, including in hiring, firing, promotion, pay, or work environment.
  2. Can racial discrimination occur even without slurs or overt bias?
    Yes. Discrimination often manifests in subtle ways, such as unequal pay, denial of promotions, or biased evaluations.
  3. What’s the time limit for filing a discrimination claim?
    You must typically file with the EEOC within 180 days of the discriminatory act, though this may extend to 300 days in some states.
  4. Can I be fired for reporting racial discrimination?
    No. Retaliation for reporting discrimination is illegal and can be the basis for an additional legal claim.
  5. How can UpCounsel help me with my workplace discrimination case?
    UpCounsel connects you with experienced employment attorneys who can guide you through your legal options and represent you in your case.

If you need help or more information about racial discrimination in the workplace, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard and Yale Law and average 14 years of legal experience, including work with or for companies like Google, Menlo Ventures, and Airbnb.