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Race discrimination #22
by Ross Runkel at LawMemo
Title VII prohibits discrimination "because of" "race." Most states have statutes that have similar language.
Another federal statute, 42 USC Section 1981, prohibits race discrimination when making or performing a contract. The relationship between an employer and employee is a contract, so this federal statute also applies. Section 1981 is especially important because (1) it has a longer statute of limitations than Title VII, (2) an employee does not need to first file a charge with the EEOC, (3) the employee might get greater damages, and (4) Section 1981 applies to even the smallest employers.
What does "race" mean under these statutes? The concept of "race" is not limited to Afro-Americans and whites. It includes Asians, Native Americans, and so on. There are cases that say "race" includes being Polish-American, German-American, and so on.
So, race discrimination is treating people in a different manner because of their race.
It is unlawful to discriminate because a person is black. It is equally unlawful to discriminate because a person is white or any other race.
About 35 percent of the charges filed with the EEOC involve claims of race discrimination.
The EEOC puts it this way:
It is unlawful to discriminate against any employee or applicant for employment because of his/her race or color in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment. Title VII also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals of certain racial groups. Title VII prohibits both intentional discrimination and neutral job policies that disproportionately exclude minorities and that are not job related.
Examples:
- Employer allows whites, but not other races, to work overtime.
- Employer assigns black employees to black neighborhoods, and white employees to white neighborhoods.
- Employer relies on racial stereotypes (such as Asians are better at math) when deciding who should get hired or get a promotion.
- Employer pays whites more than blacks who are doing the same work.
- Employer bases pensions on actuarial tables that themselves are based on race.
Racial harassment is a form of race discrimination.
BFOQ. An employer cannot defend a case of race discrimination on the ground that it is a "bona fide occupational qualification."
Coming next: National origin discrimination #23: Employment Law 101
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Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.
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