Racial discrimination in employment is specifically prohibited by Title VII of the Civil Rights Act of 1964 and similar state laws, along with discrimination on the basis of other factors such as gender or religion. There are several different types of racial discrimination in the workplace, all of which are prohibited by federal and state law.

Discrimination Based on Physical Characteristics

Employers may not discriminate on the basis of unchangeable characteristics such as skin color, hair color or texture or facial shape. Additionally, if a physical condition primarily affects one race, it may be discriminatory to make employment decisions based on that condition. For example, a policy that requires employees to be a minimum height may be discriminatory as many Asian-American are shorter than average Americans. However, the policy may not be considered discriminatory if there is a clear business reason for the policy, such as a particular machine that requires a certain height for safe operation.

Language and Accent Discrimination

Some employers have set policies that require employees to communicate in English. This policy is not necessarily discriminatory if it is applied only to business situations in which the common language is English. However, preventing employees from communicating in another language amongst themselves, during break times, or with customers or clients who speak that language may be considered discriminatory.

A company may be allowed to develop a policy requiring clear, easily understood English speaking skills, particularly for positions that are involve contact with the public. However, if the speaker has an accent but speaks clearly, it is discriminatory to bar him or her from the position. Therefore, blanket policies against accented speakers obtaining public service positions are generally unlawful.

Classification/Segregation

It is unlawful to develop an area or category of jobs into which nonwhite applicants are automatically or primarily placed. Likewise, coding employee resumes or applications to designate race or national origin can be used as evidence of discrimination in a later lawsuit.

Obtaining Pre-Employment Information

Employers may legitimately ask applicants about their membership in various community, school or work-related groups and activities. However, such pre-employment questions may lead to information regarding the applicant’s race or national origin. If a later lawsuit is brought, pre-employment information gathering may be used as evidence of discrimination. Some employers now safeguard against this by requesting that applicants not disclose any memberships that are specific to race, color or national origin.

Employers may also need to obtain racial and other identifying data from applicants for affirmative action or other tracking purposes. This is most safely accomplished by using a tear sheet that in no way identifies the individual applicant. Tear sheets should be immediately separated from applications.

Harassment

Sexual harassment has been in the public eye recently. However, racial harassment is illegal as well. As with sexual harassment, racial harassment may include racially motivated jokes, ethnic slurs, derogatory comments and other behaviors that interfere with an employee’s ability to effectively perform his or her job. Creating a hostile or offensive work environment is also prohibited.