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The federal government requires that all businesses operating in the United States comply with racial discrimination laws. The states have each adopted regulations that assist business owners in complying with these laws.
Ensure that your HR staff-both managers and support employees-understand the significance of eliminating any form of racial discrimination in business when you require them to complete a company-designed workshop. As you search for sources to use in a race discrimination law education and training program, consider the following:
1. Have employees learn where to find official state and federal sources that prohibit race discrimination in business.
2. Encourage HR staff to learn the legal process that racial discrimination cases follow by reading professional commentaries.
3. Take your staff's race discrimination law education and training program to new levels with online courses designed exclusively for HR professionals.
Action Steps
The best contacts and resources to help you get it done
Start with federal and state laws that prohibit race discrimination in business
Provide your HR staff with a good foundation for understanding how to abide by race discrimination laws when you provide them with access to the official statutory language.
I recommend: The U.S. Equal Employment Opportunity Commission explains what practices the federal government considers violations of racial discrimination laws. Read the proclamations on racial discrimination written by the Office of the United Nations High Commissioner for Human Rights. The U.S. Department of Justice explains how to avoid race discrimination in secondary schools, colleges and universities. The Policy Almanac gives a forthright discussion of the federal anti-discrimination laws.
Read analytical commentaries from racial discrimination lawyers
Your training program should focus on what adverse behavior might exist in your company that can give your employees a legal cause of action to file a discrimination lawsuit.
I recommend: Expert Law explains what employees must prove in order to prevail in racial discrimination cases. Discrimination Attorney.com provides a succinct discussion of federal and state anti-discriminatory laws. Mesriani Law Group provides a detailed explanation of how and when discriminatory practices could arise in any business.
Engage employees in online courses and webinars on racial discrimination laws
Top off your HR staff's training on how to avoid race discrimination in business by providing them with webinars and carefully designed online courses. This gives them an opportunity to learn how professionals interpret the laws and incorporate them into standard HR policy.
I recommend: HR Hero.com connects you to online training programs that provide your staff with practical tips on how to recognize and avoid race discrimination in the working environment. Courses offered by Bright Line Compliance shows you how to develop successful strategies for creating a harassment-free workplace. Compliance Online offers a webinar that reviews federal anti-discrimination laws that impacts any company's HR policy.
Racial discrimination in business leads to problems with worker relationships and costly lawsuits. Under Title VII of the Civil Rights Act of 1964, employers are responsible for preventing bias or prejudice to any individual of any race, color or ethnic group. Racial discrimination laws apply to most businesses that employ 15 or more individuals, and as a small business owner, you cannot afford to ignore its potential impact.
Race discrimination in business divides company loyalties, affects workplace productivity and can be an embarrassing issue for your company that interferes with your business. In addition, strict state laws are usually in place to protect employees from racial discrimination when on the job. Understanding racial discrimination laws are the best way to prevent discrimination in all steps of hiring and employment. Remember these main points:
1. Learn about racial discrimination laws
2. Create policies that address business racial discrimination
3. Train all employees and document any race discrimination claims
Action Steps
The best contacts and resources to help you get it done
Include an anti-discrimination policy in your employee handbook
Use the employee handbook to explain to employees and managers what actions are discriminatory. An employee handbook and policies provide a basis for handling and addressing complaints of racial discrimination. Include a policy against retaliation in your employee handbook and have it read by racial discrimination lawyers.
I recommend: Use onsite workshops on diversity from Business Training Media to foster respect in the workplace. See a sample anti-discrimination policy at HR Stuff to use when writing your own.
Train all employees to prevent race discrimination in business
The key to avoiding racial discrimination is prevention. Teach racial sensitivity and diversity through workshops, seminars and other training tools. Handle all complaints in an appropriate manner to reduce your liability. Document your findings and get the services of racial discrimination lawyers early on to avoid making costly mistakes.
I recommend: Downloading an anti-discrimination checklist from Inc.com to investigate claims. Request a postable U.S. Equal Employment Opportunity Commission (EEOC) fact sheet on racial discrimination for your company.
Obtain educational resources about racial discrimination in business
Racial discrimination on the job is illegal with federal and state laws in place to protect individuals. If your small business managers and employees are aware of discriminatory practices you can protect your company against legal action.
I recommend: Sign up and track the progress of multiple employees with online courses in diversity from SHRM e-Learning. Subscribe to online DiversityInc Magazine for best practices and guidance to handling workplace discrimination.
Tips & Tactics
Helpful advice for making the most of this Guide
- • Though most individuals assume that the Race Discrimination Law only applies to minority groups, Caucasians have equal coverage under the law.
- • Never retaliate on an employee for filing a complaint, even if the original complaint turns out to be unfounded, they could win a retaliation case.
Race discrimination law protects employees and job applicants from any racial slurs, profiling or preferences. Racial discrimination laws also apply to the way you and your employees treat customers.
Knowing the terms associated with race discrimination laws isn't enough. You also have to ensure that you completely understand the terms and laws. Once you fully understand the terms, you can explain them to your employees and ensure compliance with the laws.
Action Steps
The best contacts and resources to help you get it done
Civil Rights Act of 1964 Title VII
The Civil Rights Act of 1964 Title VII states that employers must prevent race preference for employees and job applicants. However, this act is only applicable to companies with more than 15 employees.
I recommend: Princeton offers an explanation of the Civil Right Act of 1964 and how it affects businesses. You will also find information concerning the process followed when a complaint is filed with the EEOC.
Racial discrimination
Racial discrimination means treating someone differently from others because of their race. However, it doesn't stop there. Treating someone differently because of characteristics associated with a certain race is racial discrimination. This may include hair texture or facial features. Racial discrimination also encompasses treating someone differently because of his or her place of birth or the color of his skin.
I recommend: The Equal Employment Opportunity Commission offers detailed information about the full definition of race discrimination. It offers examples of common and less common race discrimination scenarios.
Pre-employment inquiries
Racial discrimination covers job applicants. It is illegal to ask a job applicant for information that will disclose his or her race. For example, asking for a picture of the applicant is illegal. However, some businesses can ask an applicant to complete a tear off sheet on the application that has information to help the company ensure compliance with affirmative action. This information should be voluntary.
I recommend: The Division of Administrative Rules provides information about what constitutes discriminatory pre-employment inquiries.
Hostile work environment
A hostile work environment is classified as a work environment where severe and frequent racial slurs and other discriminatory actions are permitted. A single racial slur generally doesn't create a hostile work environment, in a legal sense.
I recommend: LegalMatch details what constitutes a hostile work environment.
Retaliation
Some employers show displeasure for employees who file racial discrimination complaints by altering the employee's pay, benefits or job duties. This is considered retaliation and can end up as an independent complaint.
I recommend: A legal blog maintained by the firm of Bergstein & Ullrich offers insights into the federal courts' definition of retaliation.
Mediation
After a racial discrimination complaint has been filed with the EEOC, mediation may be offered to both parties. This process allows the complainant and the employer to negotiate a settlement out of court with the help of an impartial third party. When opting for mediation through the EEOC, it is free of charge.
I recommend: The Equal Employment Opportunity Commission offers detailed information about mediation and the process that is followed during mediation.
To start with a basic understanding of race discrimination law, a business owner needs to know about the Title VII of the Civil Rights Act of 1964, the first law that was enacted to deal with race discrimination. According to this act, it is illegal to discriminate in the terms or conditions of employment because of a person’s race or color. Ever since Lyndon Johnson signed this law, it has been litigated by racial discrimination lawyers and interpreted by various state and federal courts.
With the advent of the Internet, news junkies can now get current information from many sources where they can search current hot topics on race discrimination law. The most helpful sources for information on race discrimination law news and trends can be categorized as:
1. Online news sources which summarize and categorize information on racial discrimination laws.
2. Law firm websites that provide opportunities to dig deeply into race discrimination in business cases at the state and federal level.
3. Subscription services where you can get up to date information on laws on racial discrimination.
Action Steps
The best contacts and resources to help you get it done
Stay on top of recent news related to racial discrimination in business
There are a number of websites that offer information on racial discrimination laws which are kept up to date and which offer summaries of cases where you can search by case name or date range.
I recommend: Visit Incisive Media to stay abreast of recent information on race discrimination law news and trends. Go to EEO News for detailed discussions on race discrimination. Read an article in the New York Post about a recent racial discrimination lawsuit.
Obtain news from racial discrimination attorneys
A quick and easy way to find information specific to cases related to business racial discrimination is go to law firm websites where information is presented.
I recommend: The Law Offices of Donald W. Heyrich provide case summaries where the courts ruled on suits brought by discrimination attorneys in favor of employees and in other cases for employers. The McKinney Law Firm offers information on racial discrimination and which you can easily search as well as links to daily updates on specific cases beginning with the most recent.
Subscribe to news services which specialize in racial discrimination in business
Subscribing to a news service can ensure that you get information sent to you via email posts instead of trying to recall where to go for information. That way you can quickly determine if the most recent topic offered is one you want to study further.
I recommend: Business and Legal Reports has a great deal of information on race discrimination in business, including white papers, resource centers and state comparison charts. Authenticity Consulting makes available an online library that includes links, online groups you can join and recommendations for books to read on racial discrimination law. The Black PressUSA.com has a news article about a racial discrimination lawsuit.


