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Employment
Law : Race 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.
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