Orange County Race Discrimination Lawyer
Race Discrimination
Racial discrimination was defined by Congress as treating people differently because of their race. Using this in the workplace to determine who is hired or fired was banned by Title VII of the Civil Rights Act of 1964. The Civil Rights Act of 1964 was a major piece of legislation originally proposed by President John F. Kennedy in June of 1963. Unfortunately, the bill did not make it out of committee prior to JFK's assassination. President Lyndon B. Johnson forced the bill through both houses of Congress in February of 1964. The Act prohibited segregation in schools and public places but it also created the Equal Employment Opportunity Commission. Title VII of the Act specifically deals with discrimination in the workplace.
Title VII of the Civil Rights Act prohibits discriminating against any employee or job applicant because of his or her race or color concerning hiring, promotions, salary, job training, termination, or any other term, condition, or privilege of employment. The act also prohibits making employment decisions using stereotypes or assumptions concerning the abilities, traits, or performance of individuals of certain racial groups as the foundation for the decision. The Act applies to both intentional discrimination as well as neutral policies that mainly affect minorities and that are not job related.
In addition to outlawing racial discrimination directly, it also prohibits discrimination based on the associations of a person. A person that is married to or associated with a person of a different race cannot be denied employment based on these factors. In addition, if a person is a member of or association with an ethnic-based organization or group, this can not be used to determine that person's employment status. As a last area, if a person graduated from a school or regularly attends a place of worship that is usually associated with certain minorities, they can not be denied employment, etc. because of this factor.
If a person's skin color or hair texture is used to discriminate against them, this too violates Title VII of the Civil Rights Act of 1964. This is outlawed even though not all members of a race share the same physical characteristics. In addition, if a health issue predominantly affects a certain race, it can not be used to deny employment unless the reason is job related. Sickle-cell anemia is a genetic ailment that predominantly affects African-Americans. As such is true, banning the hiring of any person with sickle-cell anemia can not take place unless there is a reason the disease will prevent a person from performing their job correctly.
Frequently in the past, a company with multiple locations or door-to-door salespeople, for example, would assign their minority employees to work in primarily minority geographic areas or establishments. This has been outlawed by Title VII. Also, an office cannot be segregated based on race. In addition, employees cannot be denied contact with customers because of their race.
Even though there is nothing to prohibit a potential employer from inquiring as to a person's racial background prior to employment, asking for this information strongly suggests that the information will be used illegally. Some businesses need the information to keep track of their applicant flow or for affirmative action reasons. If the information is being used for the two purposes mentioned above, then it is not a problem.
As was the case in age discrimination, an employer is not permitted to retaliate against any employee that opposes discrimination. This opposition can occur in the workplace or when an employee files a complaint.
As with any possible case, it is important to consult an experienced attorney to determine the strength of your case. Orange County race discrimination lawyer Perry Smith will be able to answer any questions you have in regards to Title VII of the Civil Rights Act of 1964 or racial discrimination in general.