• Race discrimination is another way employers can violate Title VII.

Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination based on:

• Race
• Color
• National origin
• Sex
• Religion

Title VII applies to:

• Employers with 15 or more employees, including state and local governments; and
• Employment agencies, labor organizations, and the federal government.

Title VII prohibits:

• Discrimination against any employees or applicants because of their race or color regarding:
  • Hiring;
  • Termination;
  • Promotion;
  • Compensation;
  • Job training; or
  • Any other term, condition, or privilege of employment.
• Employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals of certain racial groups.
• Intentional discrimination and neutral job policies that:
  • Disproportionately exclude minorities, and
  • 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.

Title VII violations related to race include:

• Race-related characteristics. Title VII prohibits:
  • Discrimination based on an immutable characteristic associated with race, even if all members of the race don’t share the same characteristic, such as:
    • Skin color,
    • Hair texture, or
    • Certain facial feature, and
  • Discrimination based on a condition that predominantly affects one race, such as:
    • A policy excluding individuals with sickle cell anemia, which predominantly occurs in Black people; and
    • A “no-beard” policy, which could discriminate against Black men predisposed to pseudofolliculitis barbae (severe shaving bumps).
      • The only exception is if the practice or policy is job related and consistent with business necessity.
• Harassment. Harassment based on race and/or color violates Title VII, including:
  • Ethnic slurs,
  • Racial “joke,”
  • Offensive or derogatory comments, or
  • Other verbal or physical conduct that:
    • Creates an intimidating, hostile, or offensive working environment; or
    • Interferes with an individual’s work performance.
• Segregation and classification of employees. Title VII is violated when:
  • Employees in a protected group are segregated by physically isolating them from other employees or from customer contact;
  • Employers assign employees according to race or color, such as:
    • Assigning primarily Black people to predominantly Black-owned establishments or geographic areas; and
    • Employers exclude members of one group from particular positions, or group or categorize employees or jobs so that certain jobs are generally held by members of a certain protected group.
      • Additionally, employers or employment agencies coding applications and/or resumes to designate an applicant’s race constitutes evidence of discrimination where people of a certain race or color are excluded from employment or from certain positions.
• Pre-employment inquiries. Requesting pre-employment information that discloses or tends to disclose an applicant’s race strongly suggests that race will be used unlawfully as a basis for hiring.
  • Therefore, if members of minority groups are excluded from employment, the request would likely constitute evidence of discrimination.
• Retaliation. It is unlawful to retaliate against an individual for:
  • Opposing employment practices that discriminate based on race or color; or
  • Filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII.
    • Legal challenges usually involve motivation. Factors that may suggest race was a factor include:
      • Racial remarks by the decision maker,
      • A poor record of hiring minorities, and
      • Unimpressive qualifications of those selected or retained.
    • Factors that can be helpful in fighting a charge include:
      • A strong record of hiring minorities, and
      • Having treated minorities and non-minorities the same in similar circumstances.