How to Deal with Racial Discrimination in the Workplace

Unfortunately, racial discrimination in the workplace still happens and yet is still unacceptable. If this is a situation you are currently dealing with, understand your rights and reach out for legal assistance.

Read further for details.

Introduction

Talking about race and discrimination can make a lot of people uncomfortable. And, it is probably why many of these conversations never even happen. It is easier that way, right? It is easier to pretend that it does not exist than to do something about it.

Well, let’s just say that it is easy to pretend that it doesn’t exist – if you aren’t the one being discriminated against.

In 2019, the U.S. Equal Employment Opportunity Commission (EEOC) reported that there were over 72,000 charges of workplace discrimination. At least 33% of these charges are due to racial discrimination. A large number of those charges come from employees in the state of California.

So, what can you do if you find yourself on the receiving end of this discrimination? How can it be dealt with? Let’s talk.

Racial Discrimination: Defined

According to the EEOC, “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.”

And, every day, this behavior of discrimination – in one way or another – finds its way into the workplace.

The Civil Rights Act of 1964

Federally, the Civil Rights Act of 1964 had been put in place to protect all people from being discriminated against based on race, color, religion, sex, or national origin. This was one of the most powerful steps to come from the civil rights movement in our country. And, while it does protect a lot, it is best to have additional protection in place.

California enacted the Fair Employment and Housing Act which also makes racial discrimination illegal. Under this law, it protects all areas of employment, including hiring, training, pay, benefits, promotion, demotion, workplace opportunities, termination, and reinstatement. In addition, it protects against racial harassment, such as name-calling, inappropriate jokes, offensive images, or other such acts that create a hostile work environment.

Racial discrimination in the workplace is illegal, regardless of your race or the person doing the discrimination. In fact, that person can be of the same race as you.

If you feel as though you have been the victim of racial discrimination in the workplace, be sure to talk to an attorney to gain a better understanding of the law and your rights.

Prevention of Racial Discrimination in the Workplace

We know that racial discrimination, no matter how much we try to eliminate it, will be present in some way, shape, or form within a workplace. The company itself may take measures to ensure that policies and procedures are all-inclusive, but discrimination can come at the hands of the employees. Sometimes it goes undetected until someone speaks up.

Talk about it. You cannot tackle something unless you talk about it. There has to be a comfortable, open dialogue. Injustices are likely to pop up at one point or another – and you want your employees to feel free to bring these situations to light. Put a procedure in place for these things to be mentioned without recourse.

Put it in writing. Having a written policy is not only beneficial for employees, but it also gives direction to the leaders of a company. Create an employee manual addressing what is to be expected – including no tolerance for racial discrimination. Hang posters throughout the space that contain culturally inclusive messages as reminders.

Offer training. Sometimes people discriminate without even realizing they are. Anti-racism training should be part of your core at your company. Educate employees – teach them how to be respectful and accepting and train them how to spot racism as it occurs. Racism is not always blunt so make anti-racism part of company culture – with on-going training.

Address issues as they arise. Pushing small concerns aside not only allows the behavior to occur, but it breeds it. Those individuals who are guilty of racial discrimination will notice that they are not being reprimanded for their actions. And, those who are seeing this behavior take place feel as though they can also partake without consequence. It can lead a company in a downward spiral rather quickly.

Create a culturally diverse team. An employee workforce needs to be full of diversity. Starting things this way means that people of all walks of life and all backgrounds are welcome, included. It is the first step in the right direction.

If you are a business owner, you need to make sure that you have steps in place to halt racial discrimination before it starts – or at the very least, halt it once you become aware. Though truth be told, that could be too late.

If you are an employee, your actions and your words make a difference. They can impact an entire company. Lead by example and speak up when racial discrimination is present. Be bold.

Knowing Your Rights

Unfortunately, despite all the protections that the governing laws provide, racial discrimination in the workplace still occurs – and at an alarming rate, too. This is why it is so important to know your rights. Even the most subtle or normal actions could harm you – and you may be left wondering, was I the victim of discrimination?

Talk to an attorney so that you can have a better understanding of your rights as an employee or employer. Racial discrimination can happen in all aspects of employment – and by all levels of employees. This means a company owner, manager, supervisor, HR representative, and even a lateral colleague could engage in racially discriminating behavior.

Do not allow yourself to fall victim to this. Instead, know your rights and protect yourself and your future.