8 Types of Racism in the Workplace and How a Racial Discrimination Attorney Can Help

Racism in the workplace has many forms. The blatant types, such as racial slurs or discriminatory hiring decisions, are easy to spot. However, workplace racism can have subtle forms, like exclusion, unequal disciplinary measures, and racially motivated retaliation.

Either way, any and every type of workplace racism is a significant issue. Federal law against racial discrimination can protect workers, but workers themselves need to know how to spot racism at work as it happens. This way, employees can easily recognize what’s illegal and how they can report it to the authorities.

Many employees recognize blatant racism, such as racial slurs or discriminatory hiring decisions. However, workplace racism can also take more subtle forms, including exclusion from opportunities, unequal discipline, and racially motivated retaliation.

What federal law says about race discrimination

Title VII of the Civil Rights Act of 1964 is the key federal law in terms of employment civil rights, including being protected from any form of race discrimination at work. 

Under Title VII, employers are prohibited from discriminating based on race in the hiring, firing, and promotion processes. Workplace race discrimination is also prohibited in terms of compensation, training, and job assignments. 

Additionally, the Civil Rights Act of 1866, also gives additional protections so every individual can make or enforce the same contracts and enjoy every benefit they’re entitled to by the law, regardless of the race. While this federal law applies to contracts outside of the workplace, it still involves employment protections against racial discrimination and inequality. 

Aside from contract rights, this law also prohibits intentional discrimination and retaliation based on race, color, and ethnicity.

At-will employment is followed in most states in the country, including Alabama. And while this does allow employers and employees to end employment at any time with or without notice, employers can’t terminate workers due to unlawful racial discrimination.

That said, let’s discuss the types of racism in the workplace below.

Type 1: Overt racial harassment

This is the most common evidence of racial discrimination in the workplace. Your co-workers or employer might call you racial slurs, make racist jokes and offensive comments, and even create derogatory nicknames. Some people may even display racist symbols at work. These minor albeit everyday forms of harassment create a racially hostile work environment that negatively impacts employees and the victim themself.

Type 2: Racial microaggressions and stereotyping

Racial microaggressions are the subtle but constant interactions or behaviors at work that display hostile or derogatory racial remarks toward people of color. For instance, questioning an employee’s competence because of their race is considered a microaggression. Assuming someone was hired solely for diversity reasons is one example, too.

In terms of racial stereotyping, there are various prominent examples across various racial groups. Here are a few:

• Asian Americans: People at work assume that Asian Americans are all outsiders, even the ones born and raised in the US. Racial stereotyping results in questions like, “Where are you really from?”.
• Hispanic/Latino Americans: The persistent racial stereotype towards this racial group is that all Latinos are undocumented immigrants in the US, or that they are limited to only low-wage or service industry jobs.
• Indigenous Peoples: There is a longstanding stereotype of Native communities being associated with poverty and being portrayed as uncivilized.
• Black Americans: Unfortunately, there are enduring racial stereotypes that Black people are predominantly naturally athletic, which also downplays their academic merits. 
• Middle Eastern and Muslim Americans: People of Middle Eastern descent or Muslim faith face the stereotype of being terrorists or anti-American, after the 9/11 attacks in the US. At the same time, there’s also a racial stereotype that Middle Easterners are all excessively wealthy, especially if they are from the Gulf.

Type 3: Racism in hiring

Racism in hiring includes rejecting qualified applicants just because of their race or any race-based recruiting decisions, for that matter. Additionally, an employer or company having different interview standards based on the race of the applicant may also be considered as race discrimination in the workplace. 

For example, an employer might subject specific candidates of color to stricter questioning and more difficult assessments or tests during the hiring process. 

Type 4: Unequal pay, benefits, and compensation

Under the Equal Pay Act of 1963, employees should receive equal pay with other workers who have equal work. All forms of pay, including salary, overtime, and other workplace benefits, are included in these equal pay terms. 

But due to racism or racial discrimination, some employees receive lower wages for comparable work, smaller bonuses, and even unequal benefits.

Type 5: Promotion and career advancement discrimination

Similar to getting unequal pay and benefits, some employees of color may experience being repeatedly passed over for possible promotions or may lack access to senior roles and leadership opportunities. Additionally, racism in the workplace might result to some workers getting unequal training opportunities.

These can create career advancement barriers for specific workers. For evidence, employees may consider looking into performance review patterns, promotion histories, and comparisons of qualifications between them and their co-workers.

Type 6: Racial segregation in the workplace and exclusion

Racial segregation at work happens when workers are isolated because of their particular race or color. There are also some situations where companies or employers assign minority workers to less desirable roles and even exclude them from meetings or other networking opportunities.

Type 7: Disparate discipline and performance scrutiny

Unfortunately, some employers or companies apply harsher discipline to workers based on their race in comparison with other employees who have committed the same misconduct. Disparate treatment can also mean treating an employee less favorably because of racial stereotypes.

In other cases, some employees receive increased monitoring or experience selective rule enforcement. Nevertheless, all of these different types of scrutiny because of race are considered unfair treatment, and can be considered as common tells of racial bias.

Type 8: Retaliation after reporting racism

Under federal employment laws, employers are prohibited to punish employees who have reported racism or racial discrimination at work. Retaliation can come in the form of demotion, termination, shift changes, reduced responsibilities, and exclusions.

Workers are legally protected when they report racial discrimination, participate in investigations regarding a racial discrimination claim, and file an EEOC complaint.

Is it illegal to discriminate based on race?

While it’s a negative experience in the workplace, not every offensive act violates employment laws. This means that unprofessional behavior is typically not illegal in the eyes of the law, whether that’s federal, state, or local labor laws. 

However, unprofessional behavior or offensive conduct at work becomes illegal when it targets an employee based on their protected status — in this case, based on their race or color.

For example, gossiping or being generally rude towards an employee is not considered illegal, but not promoting someone to a leadership role because of a racial bias is unlawful discrimination. 

Generally, courts consider four main factors to check if behavior is a form of discrimination or not:

• Severity
• Frequency
• Employment consequences
• Evidence of discriminatory intent

How can a racial discrimination attorney help?

A racial discrimination attorney may help from investigating your racial discrimination claim and EEOC representation, to litigation support. You can, of course, do these by yourself. However, for those who are not as familiar with employment laws, a racial discrimination attorney might be of great help to your legal claims.

Investigating potential race discrimination claims

A racial discrimination attorney could give insights on whether or not you may have a valid claim. A lawyer will review the evidence you have, identify if there are legal violations committed by your employer or co-worker, and assess the damages. Finally, racial discrimination attorneys will evaluate your claims before going to the EEOC.

EEOC Representation

If you do have a legal claim, you can ask a racial discrimination attorney to help you file the charges to the EEOC. Before negotiation or lawsuits take place, the EEOC will investigate your race discrimination claim. Your lawyer can respond to the investigations and obtain the right-to-sue letter, which is necessary for lawsuits. 

Litigation Support

After receiving the right-to-sue letter, your attorney will help you prove your claim of racial bias or workplace discrimination by an employer or a co-worker. Attorneys may pursue claims involving:

• Race discrimination
• Harassment
• Retaliation
• Wrongful termination

Take note that in most cases, negotiations will take place first before going to court. With negotiations, your racial discrimination attorney and your employer or company will try to reach a settlement or agreement. If that happens, you don’t have to go to court.

Know the signs of race discrimination in employment

Workplace racism can appear in many forms, from overt harassment and racial slurs to discriminatory hiring practices, unequal pay, and even workplace segregation. The first step to fighting race discrimination at work is recognizing the signs. 

If you think you have a legal claim or racism is happening at work, collect all the possible evidence you can get. And if you don’t want to file a charge to the EEOC by yourself, consider getting the help of an attorney who specializes in employment law. 

If you’re unsure if you want legal aid or not, employment lawyers like Kira Fonteneau have free consultation services to help you decide on your next steps. You can contact us now to determine your rights as an employee and fight for them.