Race Discrimination FAQs
Q: What is national origin discrimination?
A: An employer may not discriminate against an employee based on his or her national origin or based on characteristics associated with a particular national origin. This includes culture, name, ancestry, native language, or accent (unless it interferes with the employee's ability to perform his or her job duties).
Q: Is there ever a legal reason for an employer to discriminate based on race?
A: Rarely, a "bona fide occupational qualification" can be applied to discrimination based on race. For example, if a film director wanted to hire an individual to play the part of a Hispanic mother in his next movie, the director could "discriminate" against an African-American, or white woman who interviewed for the job because being Hispanic is an integral part of the job. Otherwise, there is no legitimate excuse for race-based discrimination in the workplace.
Q: Can a single incident of harassment constitute racial discrimination?
A: A single incident of racially based harassment could constitute racial discrimination if the conduct is particularly egregious. For example, if a supervisor put a noose on an African-American employee's car as a threat, the employee could likely make a successful claim of race discrimination. However, if the conduct is less severe, such as a single derogatory comment or offensive gesture, it would not be enough to bring a claim under Title VII.
Q: Do discrimination laws only protect minorities?
A: Discrimination laws protect people of all races. Courts have allowed non-minorities, including Caucasians, to sue for racial discrimination. Yet, the number of non-minority racial discrimination cases (sometimes referred to as "reverse discrimination") is very low compared to the total number of racial discrimination cases filed each year.
Q: Can an employer ask me about my race on an employment application?
A: There are occasions when an employer may legitimately need information regarding the race of employees, such as affirmative action reporting. Yet, if an employer uses the information to discriminate against potential employees, it is illegal.
Q: If I feel I am being discriminated against, what should I do?
A: First, tell the harasser to stop. If this does not work, use whatever complaint procedures are available to you through company management. Check your company's employee handbook, personnel policies or manual for a discrimination or complaint policy. If the company does not have a formal complaint procedure, ask someone in the human resources or personnel department how to make a racial discrimination complaint. Make any reports in writing in order to create a paper trail of the discrimination. Be specific about the nature of the discrimination or harassment and thoroughly document the details of the misconduct. Consider keeping a diary or journal of the discrimination or harassment and save any offensive notes, pictures, or other material used to harass. Do not retaliate back against the harasser.
Q: What are the legal steps I can take to stop racial or national origin discrimination?
A: You can file a suit under either Title VII of the Federal Civil Rights Act or under a State Fair Employment practices law. If you pursue a claim under the Civil Rights Act, you must first file a claim with the EEOC (Equal Employment Opportunity Commission). The EEOC may occasionally decide to prosecute your case, but most often will review your case and then issue you a "right to sue" letter which will allow you to bring your case in Federal Court. To file a discrimination lawsuit, you will likely need the help of a lawyer.
Q: What kinds of damages can I recover in a discrimination lawsuit?
A: Victims of discrimination in the workplace can recover back-pay (lost wages), front-pay (future lost wages), promotion or rehire to the position that was denied because of discrimination, compensatory damages for emotional distress, punitive damages against an employer if it was acting with malice or reckless indifference, attorney's fees and court costs, and any other award that would make the victim "whole," that is, an award that puts the victim in the same position as he/she would have been absent the discrimination. The employer may also be forced to take corrective or preventative measures to ensure that the discrimination does not happen again.