Racial discrimination can impact every stage of employment, from job requirements to employee benefits. And while there are laws prohibiting racial discrimination on both the federal and state levels, this kind of treatment still occurs in some workplaces today.
The Pennsylvania Constitution’s Declaration of Rights states that all Pennsylvanians have equal rights regardless of an individual’s race or ethnicity. Knowing your legal protections and knowing how to identify instances of discrimination will allow you to recognize if you have a potential discrimination case.
What Is Racial Discrimination?
Racial discrimination describes the unequal treatment of an individual due to one or more of their characteristics, including:
- Racial identity
- Skin color
- Hair texture
- Physical features
Discriminating against someone because of their race is illegal and can be grounds for a lawsuit. This behavior involves engaging in actions such as:
- Stereotyping
- Making derogatory comments
- Profiling
- Harassment
- Displaying racially offensive symbols
Racial discrimination can occur across various environments, from schools to workplaces, and affects a person’s ability to learn or perform.
Racial Discrimination in the Workplace
Despite both protective legislation and societal strides toward racial equality, discrimination still exists in some modern workplaces. This kind of treatment can put employees at a disadvantage and impact their ability to get hired or advance within a company.
Instances of racism in the workplace can include the following forms:
- Racial jokes or pranks
- Slurs or insults
- Unwanted physical contact
- Threats or intimidation
- Commentary about physical appearance
Employees encountering racial injustice in the workplace may be experiencing either direct or indirect discrimination. Both can impact a person’s ability to get their job done and are illegal, according to the U.S. Equal Employment Opportunity Commission (EEOC).
Direct Discrimination
Direct discrimination occurs when a boss or coworker treats another worker less favorably than others based on race. Examples of this discrimination include a supervisor refusing to give an employee a raise because of their race or a manager threatening to lay off a worker based on their skin color.
Indirect Discrimination
Indirect discrimination refers to implementing policies or rules that everyone within the company or department must comply with, which disproportionately impacts people of a certain race. An example of this kind of discrimination is a company implementing a new dress code for the office that affects employees with a specific racial identity more than others.
Identifying Discriminatory Employment Practices
The EEOC enforces laws that prohibit employment practices that disproportionately impact employees because of their race. Protections against discrimination extend across the following employment decisions, and you may have a case under racial discrimination law if similar instances are occurring in your workplace:
- Hiring: A business uses race to decide what job applications to accept and what applicants to hire.
- Pay and benefits: A company gives employees unequal pay or benefits compared to a coworker with the same position and experience because of race.
- Job assignment: A manager considers race when giving job assignments or offering preferential treatment to employees.
- Promotions: A boss considers race as a factor when deciding which employees deserve a promotion.
- Discipline and firing: A company disciplines two workers who committed the same offense differently because of the employees’ race.
- Terms and conditions: A boss uses race as a means of setting terms and conditions of employment.
What Are Your Rights Under Anti-Discrimination Legislation?
The EEOC protects all individuals against discrimination at every level of employment with a list of prohibited employment policies and practices. According to the commission, everyone has fundamental rights when it comes to applying for and working jobs. These rights include having a workplace that is free of both discrimination and harassment. An employee has the right to complain about discrimination on the job without facing punishment.
Further protections come with the Civil Rights Act of 1964. This act prohibits discrimination based on the following characteristics:
- Race
- Color
- Sex
- Religion
- National origin
Title VII of the Civil Rights Act prohibits businesses with 15 or more employees from engaging in discrimination at any level of employment, from job requirements to promotions. For claims involving discrimination in employment based on race, other Federal laws may cover employers with as few as one employee.
Laws Against Racial Discrimination in Pennsylvania
In addition to the Pennsylvania Constitution’s Declaration of Rights, the Pennsylvania Human Relations Commission (PHRC) enforces state laws regarding discrimination. The PHRC also investigates formal complaints filed by individuals who believe they experienced illegal discrimination.
Among the laws that the PHRC enforces is the Pennsylvania Human Relations Act (PHRA). This act extends to the following:
- Employment
- Housing
- Commercial property
- Education
- Public accommodations
The PHRA protects employees against racial discrimination in the workplace. The act makes it illegal for an employer or employment agency to do any of the following:
- Elicit information concerning race from applications or records
- Publish job postings or advertisements that indicate specifications based on race
- Limit and deny employment because of race
- Confine recruitment or hiring of individuals for employment agencies or services
- Fail to refer an employee because of their race
If you’ve experienced any prohibited actions from an employer or employee agency mentioned in the PHRA, you may have a case under racial discrimination law. Unlike Title VII which requires an employer to employee 15 or more individuals, the PHRA only requires 4 or more employees.
Preparing for a Racial Discrimination Case
When a person suspects someone is racially discriminating against them in the workplace, the individual must take the proper next steps. Consider doing the following:
- Read: Go through your employee handbook or any available employer policies relating to discrimination.
- Record: Keep track of moments when possible racial discrimination occurred in detail and date them.
- Collect: Gather any possible evidence of discrimination, including any messages and recordings.
- Contact: Reach out to a racial discrimination attorney that can help you with the process of taking further action, like potentially filing a lawsuit.
It is important to note that it is illegal for an employer or colleague to retaliate against you upon learning that you took action against them regarding racial discrimination, either with an investigation or by formally filing a charge.
Contact Weisberg Cummings to Learn More About Racial Discrimination in the Workplace
Everyone is entitled to a job and work environment that is without discrimination. Do you feel as if your employer or a colleague is treating you differently because of your race? If so, it might be time to reach out to our team of racial discrimination lawyers at Weisberg Cummings. Equipped with more than 40 years of combined experience, we will review your case and help you navigate the next steps.
If you are in the Central Pennsylvania area or anywhere in Pennsylvania and want to learn more about racial discrimination in the workplace and your rights, we are here for you. Get a free consultation today.
