Race and Color Discrimination

Unfortunately, racism is still alive and well in our society. The news regularly reports stories of nooses on factory floors and crude racist jokes being circulated through company email systems. Fortunately, Title VII prohibits employers from discriminating against their employees "because of" their race or color. That means that employers may not take your race or color, or your perceived race or color, into consideration in making employment decisions.

Race and color discrimination is not always as obvious as a noose in the workplace. Sophisticated employers often engage in race discrimination through subtle practices that tend to screen out minority applicants and employees, such as job and intelligence tests, appearance and dress codes, English-only rules, relying on arrest records in making employment decisions, and discriminatory recruiting practices.

Sometimes, race discrimination may not involve official company practices, but rather involve racial harassment, such as the use of derogatory racial jokes by co-employees without knowledge of company management. Whether it is an official company policy, or harassment by co-employees, you may not be subjected to adverse action, including harassment, because of your race or color.

Title VII was initially thought to be limited to blacks and other racial minorities, not white employees. But the law protects individuals of all races and colors, not simply racial minorities. When a non-minority employee brings such a claim, it is known as a "reverse discrimination" claim. Although reverse discrimination cases can be somewhat more difficult to prove than a case brought by a racial minority, the rule is the same--you may not be discriminated against based on the color of your skin, whatever color you may be.

The race discrimination laws also prohibit your employer from retaliating against you for complaining about race discrimination or participating in someone else's race discrimination case. You can find out more about retaliation on our retaliation page.

If you have been subjected to race or color discrimination, your remedies are the same as discussed on our general discrimination page, including reinstatement, front and back pay, emotional distress and other compensatory damages, punitive damages, and attorneys' fees.

If you or someone you know have been the victim of race or color discrimination, you need to take immediate action, as the time limits for filing a discrimination claim are very short--180 days from the last date of discrimination. Call us at 1-877-JOB JUSTICE (1-877-562-5878) or email us, and we'll help you fight back against racism in your workplace.

 

Atlanta Employment Lawyer Blog - Race Discrimination