Race and Color Discrimination
Race Discrimination
Title VII of the Civil Rights Act prohibits employer actions that discriminate, by motivation or impact, against persons because of:
-- race;
-- racial or ethnic ancestry;
-- physical characteristics associated with race (skin tone, hair, height, etc.);
-- race-linked illnesses, cultural characteristics (names, grooming, etc.);
-- perception of race (making a guess about a person’s race);
-- association with a particular race of people (Whites associating with Blacks, etc.);
-- subgroups of people of a particular race (Black single mothers, etc.); and
-- reverse race discrimination.
Color Discirmination
Courts and the EEOC read “color” to have its commonly understood meaning – pigmentation, complexion, or skin shade or tone. Therefore, color discrimination occurs when a person is discriminated against based on the lightness, darkness, or other color characteristic of the person. Even though race and color clearly overlap, they are not synonymous. So, color discrimination can occur between persons of different races or ethnicities, or between persons of the same race or ethnicity
Multiple protected bases of discrimination can be raised by the same set of facts, both because negative stereotypes and biases may be directed at more than one protected basis at a time, and because certain protected bases overlap considerably. Therefore, a discrimination complaint by an “Asian Indian” can implicate race, color, and national origin, as can, for example, a complaint by a Black person from an African nation, or by a dark-skinned Latino. For Title VII purposes, the question is whether any prohibited factors led to an adverse employment action, alone or combined.
All bases of discrimination that are reasonably implicated by the facts should be included in a complaint of discrimination (e.g., race, color, national origin, religion, sex, etc.). Failure to include all possible bases may result in a court dismissing a legitimate claim. For instance, a person complaining of being subjected to race discrimination may not be able to later bring a suit alleging color discrimination.
Source: http://www.eeoc.gov/policy/docs/race-color.html#N_136_
Title VII of the Civil Rights Act prohibits employer actions that discriminate, by motivation or impact, against persons because of:
-- race;
-- racial or ethnic ancestry;
-- physical characteristics associated with race (skin tone, hair, height, etc.);
-- race-linked illnesses, cultural characteristics (names, grooming, etc.);
-- perception of race (making a guess about a person’s race);
-- association with a particular race of people (Whites associating with Blacks, etc.);
-- subgroups of people of a particular race (Black single mothers, etc.); and
-- reverse race discrimination.
Color Discirmination
Courts and the EEOC read “color” to have its commonly understood meaning – pigmentation, complexion, or skin shade or tone. Therefore, color discrimination occurs when a person is discriminated against based on the lightness, darkness, or other color characteristic of the person. Even though race and color clearly overlap, they are not synonymous. So, color discrimination can occur between persons of different races or ethnicities, or between persons of the same race or ethnicity
Multiple protected bases of discrimination can be raised by the same set of facts, both because negative stereotypes and biases may be directed at more than one protected basis at a time, and because certain protected bases overlap considerably. Therefore, a discrimination complaint by an “Asian Indian” can implicate race, color, and national origin, as can, for example, a complaint by a Black person from an African nation, or by a dark-skinned Latino. For Title VII purposes, the question is whether any prohibited factors led to an adverse employment action, alone or combined.
All bases of discrimination that are reasonably implicated by the facts should be included in a complaint of discrimination (e.g., race, color, national origin, religion, sex, etc.). Failure to include all possible bases may result in a court dismissing a legitimate claim. For instance, a person complaining of being subjected to race discrimination may not be able to later bring a suit alleging color discrimination.
Source: http://www.eeoc.gov/policy/docs/race-color.html#N_136_
Labels: discrimination, Federal law
posted by S. Mary Wills at 11:30 AM
1 Comments:
I read a lot of articles and books regarding title VII. I went through racial discrimination at workplace wrongful termination. I suffered tremendously to the point that I'm even tired of even telling story .if you're going through a title VII race discrimination case ,you definitely need to read a lot. There are a lot of loopholes for the employer especially if your a minority or woman. Statistically the civil courts the supreme courts decisions are based on judicial bias and juror bias even though you'll go through race discrimination sexual discrimination age discrimination any type of discrimination if your minority is going to be a real difficult chance to even win a your case because lawyers will look to mediate or settle . Just make sure that you document everything regarding your case so can prove employers actually recently discriminated against you.
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