Workplace racism can come in many forms, and it can be obvious in some cases. However, in some instances, racial discrimination can be difficult to see-; such as when an employer passes over an employee for a promotion because of his or her race. In whichever form it comes, workplace racism is prohibited by state and federal law.
Detecting Racism in the Workplace
A difficult aspect of workplace racism is that it can take place without being detected. Unless the employer admits to it, it can be difficult to prove that a hiring or promotion decision was made based on a person’s race. That being said, there are cases where discriminatory intent is displayed.
For instance, during an interview, the employer should not ask questions about the interviewee’s race. If this occurs, and the employer doesn’t hire the person, it can prove that the decision was racially based. Circumstances such as these are rare, and it should be observed that employers can ask about race as it pertains to affirmative action.
Discrimination is typically very subtle, and people can be left with uncertainty as to why they were not hired. Asking the company is certainly an option, but an employer could easily offer a legitimate, non-race based reason. If a less-qualified applicant is hired or put in a higher position than a qualified employee of a different race, employment lawyers in Chicago can prove discrimination.
Federal Discrimination Laws
The main federal law addressing workplace racism falls under Title VII of the 1964 Civil Rights Act. Title VII keeps employers from:
* Refusing a hire based on the employee’s race
* Race-based termination or disciplinary action
* Paying someone less based on race
* Failing to provide promotions or benefits to employees because of race
* Segregation or classification based on employee race
Along similar lines, an employment agency cannot make assignment or referral decisions based on workers’ race. Labor union reps cannot expel a person or refuse a new membership-based on the race of an individual.
States take a hard line against workplace racial discrimination. The legislation is widespread, and closely follows federal laws with the main differences being in claims methods and protocols. However, at both levels, deadlines are important. There are timelines for filing and reporting racial discrimination claims, and a person who has suffered such discrimination should click here to hire employment lawyers in Chicago.
Contact Caffarelli & Associates Ltd. today at (312) 763-6880 to schedule a confidential consultation.