Get up to Speed on the Latest Race and Color Discrimination Guidelines

03/05/07

Eliminating discrimination in the workplace based on race and color is a top priority with the Equal Employment Opportunity Commission. Last year, the EEOC resolved 27,411 race discrimination charges and recovered $76.5 million in monetary benefits for aggrieved individuals (not counting monetary benefits obtained through litigation). The recovered amount is the third-highest since 1992. Now, the EEOC has issued new guidelines to help employers better understand Title VII of the 1964 Civil Rights Act, which bars racial discrimination and other forms of employment prejudice. Make sure the major points of the guidelines are followed by your organization so it remains in good standing with the EEOC.

Title VII of the Civil Rights Act of 1964 prohibits discriminating in the employment of whites, blacks, Asians, Latinos, Arabs, American Indians, Alaska natives, native Hawaiians, Pacific Islanders, persons of more than one race, and all other individuals. It also prohibits retaliation against persons who complain of discrimination or participate in an EEOC investigation.

Recruitment, hiring, promotion, wages, benefits, work assignments, performance evaluations, training, transfer, leave, discipline, layoffs, discharge, and any other term, condition or privilege of employment should be free of race and color discrimination, according to the new guidelines for Title VII. Race or color discrimination occurs when employment decisions are based on the racial preferences of clients, customers or co-workers.

Pre- and post-employment issues
Pre-employment questions about race may suggest that race will be used as a basis for making hiring decisions. In some cases, though, you may need information about an individual’s race for affirmative action purposes or to track applicant flow. One way to obtain racial information and simultaneously guard against discriminatory selection is to use tear-off sheets or separate forms to note an applicant’s race. You can capture the information you need, but separate it from the application and avoid using it in the selection process. Also consider the following:

Job advertisements — You should not express a racial preference in job advertisements, but rather indicate that your company is an equal opportunity employer.

Word-of-mouth referrals — Employees should not be your only recruitment source. In fact, relying on current employees to spread information concerning job vacancies to their families, friends and acquaintances should be avoided. It likely will create a barrier to equal employment opportunities for racial or ethnic groups who are not represented in your work force.

Recruitment sources — Try to recruit from racially diverse colleges and other sources to obtain a good mix of applicants.

Conviction records — Whether there is a need to exclude individuals with conviction records from certain jobs depends on the nature of the jobs, the seriousness of the offenses and the length of time since incarceration. But a “blanket” policy that bars the employment of any person with a history of convictions or arrests is typically unlawful under Title VII. Such a policy may disproportionately exclude members of certain racial or ethnic groups. On the other hand, refusing to hire someone who falsifies an inquiry concerning a conviction record is not a violation of Title VII.

Post-employment harassment — Examples include offensive jokes, slurs, epithets or name-calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance. Your company may be held liable for the harassing conduct of supervisors, coworkers, or non-employees (such as customers or business associates) over whom the company has some control.

Take charge
The most important step you can take to prevent harassment is to clearly communicate to employees that it will not be tolerated. You also should adopt effective policies and procedures to address complaints of harassment and train your managers to respond appropriately. If your managers report harassing conduct at an early stage, your company probably will be able to prevent the conduct from escalating to the point that it violates Title VII.

In addition, G.Neil’s handy guide, Fast Answers for People Managers: Harassment, will help you identify, prevent and respond to harassing conduct in the workplace. Along G.Neil’s handy guide, Fast Answers for People Managers: Discrimination, will help you comply with Title VII by avoiding discrimination in hiring, compensation, training and development, termination, and other work situations.