Fighting Race and National Origin Discrimination
by
Lisa Guerin, J.D.
What to do if you're facing workplace discrimination.
Apparently, some employers haven't gotten the message: Discrimination on the basis of race or national origin is real -- and it’s wrong. It still happens more often than anyone wants to believe, and it exacts a very high price, both from its victims and from the companies at which it occurs. Lawsuits in recent years have proven this point as large companies had to pay millions of dollars to compensate the victims of race and national origin discrimination and for their own complicity in encouraging or allowing a discriminatory atmosphere to flourish in the workplace.
What Is Race Discrimination?
An employer commits race discrimination when it makes job decisions on the basis of race or when it adopts seemingly neutral job policies that disproportionately affect members of a particular race (more on this below).
Federal and most states' laws forbid discrimination in every aspect of employment -- including hiring, firing, promotions, compensation, job training, or any other condition of employment. For example, an employer discriminates when it promotes only white employees to supervisory positions, requires only job applicants of a certain race to submit to drug tests, or refuses to allow employees of certain races to deal with customers. An employer that discriminates on the basis of physical characteristics associated with a particular race -- such as hair texture or color, skin color, or facial features -- also commits race discrimination.
Even seemingly neutral employment criteria or policies may be discriminatory if they have a disproportionate impact on members of a particular race. For example, an employment policy requiring men to be clean-shaven may discriminate against African-American men, who are more likely to suffer from Pseudofolliculitis barbae (a painful skin condition caused and exacerbated by shaving). Or, a minimum height requirement may screen out disproportionate numbers of Asian-American and Latino job applicants.
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