Forms of Racial Discrimination

There are two types of racial discrimination you should be aware of if you are a minority worker in the United States. First, disparate treatment occurs when an employer treats an employee differently than others because of his or her race. Disparate impact, on the other hand, occurs when an employer’s policies or practices intentionally or unintentionally discriminate against a race.

Racial Discrimination Laws

Title VII of the Civil Rights Act of 1964 prohibits the discrimination or harassment of employees because of their race. This legislation was passed at the height of the Civil Rights Movement, and was designed to ensure African Americans were treated equally in the workplace. Although it was created with African Americans in mind, it protects all minority races.

The Equal Employment Opportunity Commission

Racial discrimination is prohibited by federal law, so a federal government agency known as the Equal Employment Opportunity Commission (EEOC) is responsible for investigating these complaints. If you are a racial discrimination victim, you must contact the EEOC to file a claim. The agency will conduct a thorough investigation and then either decide to file a lawsuit on your behalf or allow you proceed with a lawsuit on your own.

Proving Racial Discrimination

There are several different things a victim must show in order to prove racial discrimination. First, the victim must show he or she is a part of a racial minority. The victim also has to prove the employer took an adverse action against him or her, and the motivation for the action was solely the victim’s race. For example, if you were fired from a job and believe it was racial discrimination, you would need to prove the only reason you were fired is your race, and no other factors, such as your job performance, were involved in the decision.