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What is race or color discrimination in employment?

Discrimination of any sort is not lawful in the workplace. Unfortunately, one form of racism that is still prevalent is racial discrimination. This happens everywhere. Simply reading the news demonstrates how often this takes place with stories like "Barbeque Betty" and "Cornerstore Caroline."

Many different aspects of a person's appearance can lead to their being discriminated against, even though these shouldn't be considerations. When it comes to employment, the employer shouldn't allow any type of discrimination at their business.

What is race or color discrimination?

Discrimination means that a person is treated differently based on some aspect of their life. This can be because of a person's physical characteristics. Sometimes, this is the color of a person's skin or the texture of their hair. Race discrimination is also possible if the person is being discriminated against due to the race of their spouse or someone else with whom they are associated.

What types of behaviors qualify as discrimination?

When it comes to the workplace, many different behaviors are classified as discriminatory. During the hiring process, race can't be considered in the decision about whether to hire someone. Once a person is employed, their color can't be a factor in pay, job position, firing, promotion, benefits or any other employment decisions.

There are instances in which the discrimination might include harassment. This is another activity that is strictly forbidden under current laws. This can include making derogatory remarks or racial slurs. In all cases, this behavior should be prevented. If it does occur, it should be stopped immediately.

Who might discriminate or harass employees based on color?

It doesn't matter who is doing the discriminating or harassing. It can be a supervisor or coworker, a vendor or customer. In all cases, the onus falls on the employer to ensure that employees aren't subjected to this type of awful behavior.

One of the most proactive ways that an employer can prevent discrimination and harassment is to have a clear policy that forbids it. It isn't enough to just make the policy. It must be circulated to employees and the consequences stated in the policy must be followed.

When an employer won't do anything about discriminatory behavior or harassment, the employee who is being subjected to it might take legal action. Additionally, any employee who was a witness to the incident can take action. It is important to remember that discrimination can even occur in subtle ways, so have your situation evaluated if you think that you are being unfairly targeted.

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The Law Offices of Jeffrey E. Goldman
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Phone: 212-983-8999
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