Discrimination Law

Race & Religious Discrimination

Race Discrimination FAQ

Is It Fair For My Race Or Color To Affect My Work Environment?

Title VII prohibits offensive conduct, such as racial or ethnic slurs, racial "jokes," derogatory comments, or other verbal or physical conduct based on an individual's race/color. The conduct has to be unwelcome and offensive, and has to be severe or pervasive. Employers are required to take appropriate steps to prevent and correct unlawful harassment. Likewise, employees are responsible for reporting harassment at an early stage to prevent its escalation.

Can Employers Group Or Classify Employees In Terms Of Race Or Color?

Title VII is violated where employees who belong to a protected group are segregated by physically isolating them from other employees or from customer contact. In addition, employers may not assign employees according to race or color. For example, Title VII prohibits assigning primarily African-Americans to predominantly African-American.

Can Compensation Or The Granting Of Privileges Be Affected By Consideration Of Race Or Color?

Title VII prohibits discrimination in compensation and other terms, conditions, and privileges of employment. Thus, race or color discrimination may not be the basis for differences in pay or benefits, work assignments, performance evaluations, training, discipline or discharge, or any other area of employment.

What Are The Statistics Regarding Last Years Racial Discrimination Charges?

In fiscal year 2006, EEOC received 27,238 charges of race discrimination. EEOC resolved 25,992 race charges in FY 2006, and recovered $61.4 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation).

Can I Be Retaliated Against For Having Opposed A Racially Motivated Action?

Employees have a right to be free from retaliation for their opposition to discrimination or their participation in an EEOC proceeding by filing a charge, testifying, assisting, or otherwise participating in an agency proceeding.

Religious Discrimination

To What Extent Must An Employer Accommodate My Religious Practices And Beliefs?

Employees cannot be forced to participate -- or not participate -- in a religious activity as a condition of employment. Employers must reasonably accommodate employees' sincerely held religious practices unless doing so would impose an undue hardship on the employer. A reasonable religious accommodation is any adjustment to the work environment that will allow the employee to practice his religion. An employer might accommodate an employee's religious beliefs or practices by allowing: flexible scheduling, voluntary substitutions or swaps, job reassignments and lateral transfers, modification of grooming requirements and other workplace practices, policies and/or procedures.

How Much Freedom Do Employers Have In Considering My Religious Beliefs?

An employer is not required to accommodate an employee's religious beliefs and practices if doing so would impose an undue hardship on the employers' legitimate business interests. An employer can show undue hardship if accommodating an employee's religious practices requires more than ordinary administrative costs, diminishes efficiency in other jobs, infringes on other employees' job rights or benefits, impairs workplace safety, causes co-workers to carry the accommodated employee's share of potentially hazardous or burdensome work, or if the proposed accommodation conflicts with another law or regulation.

Is It Permissible For An Employer To Tell Me They Will Not Hire Or Promote Me Because Of My Religion?

Employers may not treat employees or applicants more or less favorably because of their religious beliefs or practices - except to the extent a religious accommodation is warranted. For example, an employer may not refuse to hire individuals of a certain religion, may not impose stricter promotion requirements for persons of a certain religion, and may not impose more or different work requirements on an employee because of that employee's religious beliefs or practices.

May I Freely Practice My Religion?

Employers must permit employees to engage in religious expression, unless the religious expression would impose an undue hardship on the employer. Generally, an employer may not place more restrictions on religious expression than on other forms of expression that have a comparable effect on workplace efficiency.

How Active Must My Employer Be In Preventing And Discouraging Discrimination?

Employers must take steps to prevent religious harassment of their employees. An employer can reduce the chance that employees will engage unlawful religious harassment by implementing an anti-harassment policy and having an effective procedure for reporting, investigating and correcting harassing conduct.

Which Employers And Other Entities Are Covered By The Religious Discrimination Laws?

Title VII covers all private employers, state and local governments, and education institutions that employ 15 or more individuals. These laws also cover private and public employment agencies, labor organizations, and joint labor management committees controlling apprenticeship and training.