Racial Discrimination in the Workplace: it’s still very real

Posted by on Jun 19, 2016 in Discrimination | 0 comments

Since the passing of the Civil Rights Act of 1964, it has been “unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual”. Despite having antidiscrimination laws for over 52 years now, racial discrimination in the workplace is still seen disappointingly frequently. The EEOC states that nearly 100,000 discrimination cases were brought up in the United States in 2014, of which 35% is constituted by racial allegations.

There exists two types of discrimination as cited from Civil Rights Act of 1964, disparate treatment and disparate impact. The former is defined when an individual of a protected group is specifically targeted to be treated unfairly. Disparate treatment includes any direct racial slurs, offensive racial acts, or anything with derogative racial intent. According to New York racial discrimination lawyers of Cary Kane LLP, disparate impact includes all nonessential practices or policies that discriminate against protected groups. Disparate impact proves to be more difficult for employers to navigate as it does not focus on discriminatory intent, because of this racially discriminating policies can be enacted inadvertently or be misapplied by management that could create a fully justifiable discrimination case.

All complaints and allegations of racial or any discrimination in the workplace should be sent to the Equal Employment Opportunity Commission (EEOC), where they will notify the employer that a complaint has been received and a full investigation will commence. If the EEOC deems there is a viable case for discrimination they will grant the right to sue in federal court. The consequences of a racial discrimination case for a company can be detrimental as fines and penalties can be applied as well as immense litigation costs and creation of a bad public image. Racial discrimination is still a very real thing in our society and with the moral and financial implications of it; companies should take an active step to prevent it.

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