Workplace Inclusion

Race or Color

You have the responsibility to ensure equal opportunity for workers.

You have the responsibility to ensure equal opportunity for workers regardless of race or color. In general, this means you can’t: 

  • fire,
  • reject for a job or promotion,
  • give lesser assignments to,
  • force to take leave, or
  • otherwise negatively alter the terms and conditions of employment for an individual because of their race or color. 

 

Race discrimination involves treating someone unfavorably because they are of a certain race or because of personal characteristics associated with race. Color discrimination involves treating someone unfavorably because of skin color complexion. 

 

Discrimination on the basis of characteristics associated with race – such as skin color, hair texture, or certain facial features – violates the law, even though not all members of the race share the same characteristics. Even though race and color overlap, they are not synonymous. Color discrimination can occur between people of different races or ethnicities, or between people of the same race or ethnicity. 

 

You’re not allowed to discriminate against job applicants or current employees because of: 

  • their race,
  • their color or skin tone,
  • hair texture linked to race or ethnicity,
  • stereotypes or assumptions about their abilities, traits, or performance based on their race,
  • marriage to or association with an individual of a particular race,
  • membership in or association with ethnic based organizations or groups,
  • attendance or participation in schools or places of worship generally associated with certain minority groups,
  • cultural practices or characteristics often linked to race or ethnicity, such as manner of speech, or
  • medical conditions that predominantly affect one race.

 

An employment practice that applies to everyone, regardless of race or color, can be unlawful if it negatively impacts people of a certain race or color without demonstrating that the practice is job-related and consistent with business necessity.

Questions?
We’re here to help.

We are committed to helping you understand your responsibilities as an employer. Many questions about your responsibilities may be answered by using the following elaws (Employment Laws Assistance for Workers and Small Businesses) Advisor:

For additional assistance, please contact:

Office of Federal Contract Compliance Programs (OFCCP): 1-800-397-6251 or the OFCCP Help Desk

U.S. Equal Employment Opportunity Commission (EEOC): 1-800-669-4000 or info@eeoc.gov

Immigrant and Employee Rights (IER) Section of the Civil Rights Division of the U.S. Department of Justice: 1-800-255-7688 or IER@usdoj.gov

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Need more information?

The elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors are a set of online tools developed by the U.S. Department of Labor to help employees and employers understand their rights and responsibilities under federal employment laws.