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Racial Discrimination


Title VII of the Civil Rights Act and various other federal and state laws prohibit intentional discrimination based on ancestry or ethnicity. Some employers practice blatant forms of minority discrimination by paying lower salaries and other compensation to blacks and Hispanics. Others engage in quota systems by denying promotions and jobs to individuals on the basis of race or color. Federal laws prohibit employers of 15 or more employees from discriminating on the basis of race or color. Virtually all states have even stronger antidiscrimination laws directed to fighting job-related race and minority discrimination. In some states, companies with fewer than eight employees can be found guilty of discrimination.

Both federal and state laws generally forbid private employers, labor unions, and state and local government agencies from:

  • Denying an applicant a job on the basis of race or color

  • Denying promotions, transfers, or assignments on the basis of race or color

  • Penalizing workers with reduced privileges, reduced employment opportunities, and reduced compensation on the basis of race or color

  • Firing a worker on the basis of race or color

Typically, the EEOC or related state agency will investigate charges of race discrimination or race-related retaliation. The EEOC has broad power to secure information and company records via subpoena, field investigations, audits, and interviewing witnesses, both employees and outsiders. Statistical data may be presented to demonstrate a pattern or practice of discriminatory conduct. As in other forms of discrimination, the contents of an individual's personnel file and the files of others in similar situations are often examined. Data on workplace composition may reveal a pattern or practice of exclusion or channeling. Regional or national data may shed light on whether a decision locally made was, in fact, racially discriminatory.

In cases where circumstantial evidence is presented to prove race discrimination, the burden is on the plaintiff to raise an inference of discrimination. This is often done through the use of statistics and payroll records.

Copyright 1998 Steven M. Sack

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