Facts ABOUT RACE & COLOR DISCRIMINATION IN EMPLOYMENT

Race discrimination is illegal.  It involves treating someone unfavorably because of their race or because of personal characteristics associated with race.

Color discrimination is illegal.  It involves treating someone unfavorably because of skin color, i.e., pigmentation, complexion, or skin shade or tone.

Even though race and color discrimination clearly overlap, they are not synonymous.  Color discrimination can occur between persons of different races or ethnicities, or between persons of the same race or ethnicity.

Race and color discrimination is prohibited in every aspect of employment, including recruitment, hiring, promotion, wages, benefits, work assignments, performance evaluations, training, transfer, leave, discipline, layoffs, discharge, and any other terms, conditions, and privileges of employment.

Race and color discrimination also involves treating someone unfavorably because of:

• marriage to or association with a person of a certain race or color;
• 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 characteristics and practices such as dress and grooming practices, accent or manner of speech, name;
• physical characteristics such as hair texture, facial features, height, weight;
• race-linked illnesses such as sickle cell anemia; and,

• the perceived belief that a person is a member of a particular racial group, regardless of how the person identifies himself.

Other Important Points about Race and Color Discrimination

The law prohibits both intentional discrimination and neutral job policies that have a negative impact on the employment of people of a certain race or color, and are not job-related and necessary to the operation of the business.

Requesting pre-employment information which discloses or tends to disclose an applicant’s race suggests that race will be used as a basis for making selection decisions.  If this information intentionally or unintentionally results in the exclusion of applicants because of their race, the act of requesting such information would likely constitute evidence of unlawful racial discrimination.

Coding resumes/applications to identify race or color is also prohibited by law.  This could include such subtle coding as zip codes for instance, identifying where racial minorities may or are presumed to live.

Harassment because of race or color is illegal and includes ethnic/racial slurs, racial “jokes”, offensive or derogatory comments, and any other verbal or physical conduct that creates an intimidating, hostile, or offensive working environment, or, interferes with the persons work performance.

It is illegal to segregate minority employees by physically isolating them from other employees or from customer contact; assign primarily minorities to predominantly minority establishments or geographic areas; exclude minorities from certain positions or to group or categorize employees or jobs so that certain jobs are generally held by minorities.

For additional information and for assistance with sorting out your potential workplace issues, please contact –

The Office of Human Relation
City Hall
400 S. Orange Ave., 2^nd Floor
Orlando, FL 32801
407.246.2122 (Main), 407.246.2308 (Fax)
humanrelations@cityoforlando.net

The staff is very knowledgeable in dealing with these matters and they provide quality customer service for all citizens.