What Qualifies As Racial Discrimination in the Workplace?

What Qualifies As Racial Discrimination in the Workplace?

Situations that qualify as racial discrimination in the workplace include an employer intentionally selecting employees or applicants of a certain race and treating those employees less favorably than others, or when employees of a particular race find the burden of having to adhere to a certain workplace policy an employer institutes falls more heavily on them. Race discrimination is committed by an employer when it makes decisions about a job or position based on race.

Federal and state law prohibits employers from committing race discrimination in the workplace. A disparate treatment of racial discrimination is when the employer singles out an employee and treats that employee less favorably, while a disparate impact treatment is when an employer enacts a policy for everyone, but singles out employees of a certain race to enforce that policy strictly.

A disparate treatment claim alleges that the employee was treated differently than others involved in the same situation, such as an employer continuously promoting members of a certain race to higher positions, or refusing to allow employees of a particular race to interact with clients.

When an employee files a disparate impact lawsuit, the employee claims the neutral policy of the employer has a negative impact on members of a particular race, such as having a minimum height requirement, which could single out Latino and Asian-American applicants.