What is discrimination on the basis of race or color under Title VII?

Discrimination on the basis of race or color may be intentional or as a result of policies with a disparate impact.

Failing to hire, firing, or compensating individuals differently based upon race are obvious examples of intentional discriminatory treatment. Below are some less-obvious examples of discriminatory treatment with regard to employment benefits and characteristics:

Examples of discriminatory treatment on the basis of race or color under Title VII?

Discriminatory Language - Using or permitting employees to use racial insults in the workplace. This is similar to creating a hostile work environment for sex-based discrimination.

Race-Based Scheduling - Scheduling individuals, giving individuals personal preference in work shifts, or maintaining all-black or all-white crews for no reason are examples of discrimination in employment characteristics.

Accommodations - Providing better offices, workspace, housing, etc., for one race above another is discriminatory.

Incentives - Providing greater compensation, employment benefits, performance or routine bonuses based upon race is discriminatory.

Private Affirmative Action Programs - Private employers (not federal contractors) voluntarily adopt affirmative action programs. This often gives rise to reverse discrimination when minorities or women with lower qualifications or less seniority than white men are given preference in employment or training. To combat this issue, the EEOC issues guidelines for employers who set up affirmative action plans.

Note: Affirmative action is a federal program that applies to the Federal Government and federally contracting employers. This program puts requirements that the workforce demographic roughly represent the immediate population. There are no quotas for hiring and there is no mandate to hire any single individual. The 1991 Civil Rights Act amendments prohibit the setting of quotas in employment.

Examples of disparate impact on the basis of race or color under Title VII?

Employer conduct constituting discrimination based upon the impact upon the employee may be far less obvious than intentional forms of discrimination. Examples of discriminatory impact based upon employer policies potentially include:

Personnel Tests - Using personnel tests that have no substantial relation to qualifications or duties of the job may have the effect of screening out minorities.

Marital Status - Denying employment to unwed mothers may have a discriminatory impact when minorities have a statistically higher rate of single-parent births.

Credit Scores - Refusing to hire individuals because of their poor credit rating may be discriminatory when minorities are disproportionately affected by poor or no credit history.

Nepotism - Giving priority in hiring to relatives of present employees may be discriminatory when minorities are underrepresented in the workforce.

Grooming Requirements - Some races may have different grooming practices as a result of medical conditions or physiological characteristics. If minorities are unduly affected by these standards, the policy could result in unequal and discriminatory employment conditions.

Example: African-American men often suffer from razor bumps when shaving too closely. An employers hiring policy of no facial hair may be discriminatory

Recall that there is no bona fide occupational qualification for intentional discrimination based upon race. There is, however, a business necessity defense for discriminatory impact claims.

Related Topics

• Employment Discrimination (Intro)
• What is Employment Discrimination?
• Glass Ceiling
• What are the major Employment Discrimination laws?
• Civil Rights Act of 1866 (1981 Actions)
• Age Discrimination in Employment Act (ADEA)
• Americans with Disabilities Act (ADA)
• The Rehabilitation Act
• Job Accommodation Network
• Genetic Information Non-Discrimination Act (GINA)
• Health Insurance Portability and Accountability Act (HIPAA)
• Affordable Care Act (ACA)
• Uniform Service Employment and Reemployment Rights Act (USERRA)
• Sexual Orientation and Identification
• What is Affirmative Action?
• What is employment discrimination protection under state law?
• Overview of Title VII (Civil Rights Act of 1964)
• Civil Rights Act of 1964
• What is employment discrimination under Title VII?
• How are Title VII protections enforced?
• Wrongful Termination Claim
• Disparate Treatment
• Disparate Impact
• What is race discrimination under Title VII?
• What is national origin discrimination under Title VII?
• What is religious discrimination Under Title VII?
• What is sex discrimination under Title VII?
• What is sexual harassment or Hostile work environment under Title VII?
• Quid Pro Quo
• What is pregnancy discrimination under Title VII?
• Equal Pay Act of 1963