Employment Law Racial Discrimination

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Employment Law:
Workplace Racial Discrimination

October 3, 2011

Employment Law:
Workplace Racial Discrimination

A number of federal and state laws prohibit racial discrimination. Racial discrimination is the practice of letting a person's race or skin color unfairly become a factor when deciding who receives a job, promotion, or other employment benefit. It most often affects minority individuals who feel they have been unfairly discriminated against in favor of a Caucasian (or white) individual, but there have been recent cases where whites have claimed that reverse discrimination has occurred—that is, the minority received unfairly favorable treatment at the expense of the white individual. Racial discrimination in the workplace has been a challenging issue for the United States since awareness rose in the 1960s. Blacks and other minority workers have faced intimidation, harassment and subtler forms of racism such as the difficulty of landing a job or promotion, even when they have the requisite qualifications. The United States has been actively combating racial discrimination in the workplace for 46 years, yet challenges remain. Many people do not really know much information on how racial discrimination at workplaces may take place, but many concerns can be answered with these following questions: 1.How long has racial discrimination at workplaces been going on for? 2.What are the laws on racial discrimination about?

3.What are some reasons for racial discrimination?
4.What is required to prove a racial discrimination case?
This review on Employment Law focuses on these four questions.

How long has racial discrimination at
workplaces been going on for?
Workplace racial discrimination is not something that has just recently started. The truth is, racial discrimination in the workplace has been taken place since the 1960s. In the aftermath of the Civil War, the United States abolished slavery and gave blacks the legal right to join the workforce. However, blacks had little protection from discrimination in employment, education, voting and other realms. Black workers felt they did not receive fair consideration for job openings, or for promotions after joining a business. Instances of outright segregation in the workplace were a means of isolating minorities from fellow workers or customers, as well as from co-workers who intimidated them. What are the laws on racial

discrimination about?
The main law and act dealing with racial discrimination at the workplace is Title VII of the Civil Rights Act of 1964. The Civil Rights Act of 1991 created changes and the Equal Employment Opportunity Commission was created as part of the Civil Rights Act of 1964. Title VII of the Civil Rights Act protects individuals against employment discrimination based on 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 regards 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. (“Facts about Race/Color Discrimination”, middle sec.) Basically, Title VII prohibits any decisions made by an employer if the decision is based on any one of these, because most of these traits are things that employees cannot...
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