Wednesday, December 18, 2013

Race Discrimination Laws: Protecting American Workers Regardless of One’s Color or Race

In this day and age when the country is enjoying the fruits of a matured democracy, it is puzzling how certain issues in society persist. For many years now, the fight against discrimination still continues. The government for its part came up with legislation that will help stop the fight against racial discrimination in the workplace. Race discrimination is just one of the many forms of abuse in the workplace. Until today, it is undeniable that the stigma of social classification still happens. Some people still have the tendency to look down on people based on their race. For example, Asians, Americans with different skin colors, Latinos, and other more races are being ridiculed in their workplaces because of their origins or features. How can this stop and what are the legal remedies that you have to protect yourself from these kinds of abuse?

Laws against Race and Color Discrimination

Over the years, many pieces of legislation have been drafted and signed into law by the United States government. Starting with the first Civil Rights Act in 1866, this bill has received many amendments through the years, helping uphold and protect the rights of every American regardless of their race and color. The most notable of this legislation is the Civil Rights Act of 1964. This law is made to prohibit any form of discrimination against race, ethnic, religion, women, and age. Title VII of the act is responsible for ensuring that employees wouldn't fall victims to these many kinds of discrimination. Year after year, more and more amendments and supplemental legislation are made to help ensure that no forms of race discrimination in the workplace continue tolerated and that violators and held accountable for their actions. Agencies like the U.S. Equal Employment Opportunity Commission enforce these laws to help ensure that nobody is abused in the workplace.

Protections from Race and Color Discrimination from the Title VII of the Civil Rights Act

  • Recruiting, hiring, and advancement
o   Job requirements must be consistently and uniformly applied to people across all race and colors
o   Pre-employment inquiries and requirements disclosing an applicant’s race should never be used as a basis for hiring an employee.
o   Employers must avoid the following potentially unlawful practices in the hiring of workers:
§  Getting or requesting applications from the same sources where potential workers have the same race or color
§  Requiring applicants to have certain education background that is not at all needed for the job and business needs of the company
§  Testing an application for skills, knowledge, and abilities that are not relevant for the job or business needs of the company
o   Avoid unnecessary race questions while in the pre-employment process

  • Compensation and other employment terms, conditions, and privileges
o   Never use one’s race or color for determining the differences in pay or benefits, work assignments, performance evaluations, training, discipline or discharge, and any other area of employment.

  • Harassment
o   One should never harass an employee just because he or she has a different race or color.

  • Segregation and Classification of Employees
o   No employee should ever be segregated, classified or discriminated because of race

Discrimination is still very much prevalent in the workplace and almost everywhere. But the above-mentioned legal remedies and protections of these anti-discrimination's laws would mean nothing if no one will come forward to seek protection and fight for their rights.