Benefits with Commonwealth of Virginia Members

Race and Color Discrimination in the Workplace

Race discrimination involves treating someone (an applicant or employee) unfavorably because he/she is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features). Color discrimination involves treating someone unfavorably because of skin color complexion.

Race/color discrimination also can involve treating someone unfavorably because the person is married to (or associated with) a person of a certain race or color. Discrimination can occur when the victim and the person who inflicted the discrimination are the same race or color.

Race/Color Discrimination and Work Situations

The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

Race/Color Discrimination and Harassment

It is unlawful to harass a person because of that person's race or color.

Harassment can include, for example, racial slurs, offensive or derogatory remarks about a person's race or color, or the display of racially-offensive symbols. Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

The harasser can be the victim's supervisor, a supervisor in another area, a coworker, or someone who is not an employee of the employer, such as a client or customer.

Race/Color Discrimination and Employment Policies/Practices

An employment policy or practice that applies to everyone, regardless of race or color, can be illegal if it has a negative impact on the employment of people of a particular race or color and is not job-related and necessary to the operation of the business. For example, a "no-beard" employment policy that applies to all workers without regard to race may still be unlawful if it is not job-related and has a negative impact on the employment of African-American men (who have a predisposition to a skin condition that causes severe shaving bumps).

Race/Color Discrimination: FAQs

The questions below offer quick answers to some common questions about race and color discrimination.

What are some examples of racial harassment?

Racial harassment involves unwelcome and racially offensive conduct in the workplace. The harasser can be your supervisor, a supervisor in another area, a coworker, or someone who does not work for your employer, such as a client or customer. Racial harassment can include racial slurs, jokes, or comments; racially offensive cartoons, drawings, symbols, or gestures; and other verbal or physical conduct based on an individual's race.

Is it illegal to discriminate against or harass someone of your own race?

Yes. It is illegal for people to discriminate against people of their own racial group on the basis of race or color. For example, a light-skinned black male may not harass another black male who has darker skin.

Is it illegal to be discriminated against or harassed because of your race and another prohibited reason, such as color or sex?

Yes. It is illegal to be discriminated against because of your race and another protected trait. For example, it is illegal for a restaurant to refuse to hire a dark-skinned black woman because of her race (black) and color (dark skin tone). It also is illegal to be discriminated against or harassed because of your race and some other protected trait, like your sex or national origin. For example, it is illegal for a grocery store to refuse to hire Native American women, even if the store hires women of other races and Native American men.

Can my employer ask about my race?

Federal law does not prohibit employers from asking you about your race. However, because such questions may indicate a possible intent to discriminate based on race, it is recommended that employers ensure that they ask about race only for a lawful purpose. For example, your employer may need information about your race for affirmative action purposes or to comply with government laws that require the reporting of race information.

Am I protected from race and color discrimination if I am biracial or multiracial?

Yes. Biracial and multiracial job applicants and employees are protected from unfair treatment or harassment at work on the basis of their race and color.

Are white employees protected from race discrimination even though they are not a minority?

Yes. You are protected from different treatment at work on the basis of your race, whether you are white, black, or some other race.

Is it illegal for my employer to discriminate against or harass me if I have a friend or parent of a different race?

Yes. The laws enforced by U.S. Equal Employment Opportunity Commission (EEOC) prohibit an employer from treating you differently or harassing you because your friends, parents, or other people you associate with are of a particular race or color. You also may not be discriminated against or harassed because you belong to a race-based organization or attend schools or places of worship associated with a particular racial group.

Is it illegal for someone to discriminate against or harass certain members of a race, but not others?

Yes. It is illegal for someone to discriminate against or harass a subset of a particular race. For example, a manager may not refuse to promote Asian males, even if he promotes other males and Asian females.

Can my employer assign me to work with customers of my own race?

No. Your employer may not ask you to work only with customers of your own race or assign you to a particular territory based on your race, even if your employer believes the assignment may benefit you. For example, an employer cannot assign a black employee to work in a predominantly black neighborhood because of his or her race, even if the employer believes the employee will sell more products, and thus, earn more money.

Can my employer base any job decisions on my race or color?

No. Your employer should not base any job decision on your race or color. This includes decisions about hiring, firing, promotions, training, wages, and benefits.

Can my employer punish me for reporting what I think is race discrimination?

No. It is illegal for your employer to punish you, treat you differently, or harass you because you report discrimination to someone at your company, to EEOC, or to your parents, your teacher, or another trusted adult. This is true even if it turns out that the conduct you complained about is not found to be discrimination. This is referred to this as your right to be protected from retaliation.

More Information

Find out more about what to do here if you feel you've been discriminated against: Link opens in a new windowhttps://www.eeoc.gov/filing-charge-discrimination.