Can my employer ask about my race?
Can my employer ask about my race?
Can
an employer ask an employee or an applicant about their race? The short
answer is technically no. In some states, it is legal for an employer
to inquire about an employee or an applicant's race. California is one
of the few states in America that prohibits race-based affirmative
action. This means that an employer is not permitted by the law to ask
an employee or an applicant what their race is in order to decide
whether to provide employment opportunities or not to a particular
individual. A Discrimination Attorney
in California may be able to provide legal advice to an employee or
applicant if he or she was discriminated against based on their race.
Below there are some points to consider when dealing with race discrimination in the workplace.
What is race discrimination?
Discrimination
laws, in general, were enacted to create equality in the workplace. The
laws are meant to prevent employees that belong to a protected class or
bear a protected characteristic from being discriminated against
because of their differences. The race is considered protected under the
law.
Race discrimination
in the workplace is where an employee is treated differently from other
employees in a negative way based on the employee's race. Race pertains
to an employee's ethnicity or ancestry. These laws that prohibit race
discrimination do not only apply to long-established groups of
minorities, but to all groups of employees and applicants. In other
words, the laws are to protect "race" and "color" in general and is not
meant to only protect certain groups exclusively. Although race and
color may coincide and appear to be interchangeable concepts, the law
identifies them as separate claims in a discrimination case. In federal
court, the laws that regulate race discrimination identify employment
decisions based on stereotypes to be unlawful. For example, an employer
who refused to hire an applicant based on the fact that the employee was
born and raised in Mexico and based on the assumption that "all
Mexicans are lazy" would be considered under federal laws as race
discrimination.
Examples of
race discrimination would include name-calling, teasing, ostracizing an
employee, denying the employee benefits, reducing the employee's pay,
deducting the employee's work hours, reprimanding the employee for bogus
reasons, or termination. An applicant who is denied employment based on
their race is also considered race discrimination and an applicant may be entitled to recovery in that situation.
Another
example of racial discrimination may be if an employer requires that
all employees only speak English while at work. In other circumstances,
an employer may be found liable for race discrimination if he or she
makes a decision about whether to hire someone or not based on the
applicant's accent. The only way an employer may negative liability for
not hiring an applicant based on the applicant's accent is if the accent
substantially interferes with the main roles of the position.
Going
back to the original question of whether an employer can ask about an
employee's race, if an employer were to do that, it would be considered
as race discrimination. Race should not be considered when hiring an
employee as this does not make employment opportunities equal to all
individuals. Keep in mind that all cases depend on the circumstances and
would need to be determined on a case by case basis. In order to
ultimately determine if an employee or an applicant should take legal
action, he or she should seek advice from a Discrimination Attorney.
Taking legal action
First
and foremost, in order to begin legal proceedings, an employee or
applicant must first confirm whether or not he or she even has a claim.
The way in which an employee or applicant can confirm whether he or she
has a claim against an employer or organization is by consulting a
Discrimination Attorney. A Discrimination Attorney is a type of legal
professional who handles cases where an employee or applicant may need
legal representation against an employer or organization. A
Discrimination Attorney is the type of lawyer who can look over a set of
facts and the surrounding circumstances to determine whether an
employee or applicant has a claim of discrimination.
Once
an employee or applicant arranges a free consultation with a
Discrimination Attorney, the attorney may ask certain questions such as
how long was the employee employed at their job, when did the
discrimination begin, why did he or she feel they were being
discriminated against, how many employees are at the company, have any
other employees be discriminated against and how, has this particular
employee made a formal complaint, have any other employees made a
complaint, and specific details on how and why the employee felt as
though he or she was discriminated against. By collecting these details,
the Discrimination Attorney can advise the employee or applicant on
whether he or she should continue in pursuing a claim of discrimination.
Anti-discrimination
laws and policies have expanded and matured over the years through the
establishment of state and federal statutes. An employee can find what
their rights are and what laws are in place that prohibits
discrimination under California's Fair Employment and Housing Act (FEHA)
and Title VII of the Civil Rights Act of 1964. Depending on the
circumstances an employee or applicant may have the choice of either
filing their suit under either the Fair Employment and Housing Act or
Title VII. This is also a decision to discuss with a Discrimination
Attorney.
Taking
legal action against an employer or organization is a hefty decision to
make but by having a face-to-face meeting with a Discrimination
Attorney, an employee or applicant can have a more educated decision in
deciding to proceed. Plus, there are firms that offer free consultations
which provide employees or applicants with the freedom to explore their
legal options without paying any up-front costs. Again, in California,
it is considered race discrimination for an employer to ask an employee
or applicant about their race and it is unlawful for an employer to
treat an employee adversely based on his or her race.
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