As an employer, racial discrimination as applied in most states prohibits unfavorable actions against an applicant or employee because /she is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features).
Color discrimination involves treating someone unfavorably because of skin color complexion.
As an employer, you can also be subject to a racial discrimination because of treating someone unfavorably because the person is married to (or associated with) a person of a certain race or color or because of a person’s connection with a race-based organization or group, or an organization or group that is generally associated with people of a certain color.
Racial discrimination can also be present when an employee and the person who inflicted the discrimination are the same race or color.
Workplace Racial Discrimination for Employers
Racial discrimination for employers in Colorado prohibits racial discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. As such employers want to ensure that HR personnel and supervisors are thoroughly trained in such critical areas and the EEOC process.
Without such training, your company can be subjected to public and media embarrassment in addition to expensive lawsuits and employment defense attorney fees due to racial discrimination allegations.
Racial discrimination policy should be taught as soon as a new employee walks in the door, or you have just promoted someone to a management or supervisory level. When your company has a wide variety of ethnic backgrounds, you may want to ensure that all employee actions (good or bad) are documented.
Sometimes racial discrimination for employers defense can rest on the good documentation that you can gather against the complaining employee.
What is Intentional Racial Discrimination?
In most states, including Colorado, intentional racial discrimination occurs when an employment decision is affected by the person’s race. It includes not only racial animosity, but also conscious or unconscious stereotypes about the abilities, traits, or performance of individuals of certain racial groups.
How Can Employers Avoid Racial Discrimination?
As an employer seeking to avoid racial discrimination lawsuits, you try to recruit and develop a written hiring policy that provides equal opportunity for workers of all backgrounds and races to obtain jobs. You should make sure that racial discrimination is not a barrier to employees’ success once they are on the job.
You should again develop written policies and have proof of racial discrimination training for your supervisors that race, national origin or any other category of discrimination should not affect work assignments, performance evaluations, training opportunities, discipline, or any other term or condition of employment.
Avoiding Racial Discrimination When Recruiting
Job advertisements– Employers should not express a racial preference in job advertisements. You should always advertise that you are an “equal opportunity employer.”
Employment Agencies – Employment agencies may not honor an employer requests to avoid referring applicants of a particular race. If this happens, both the employer and the employment agency that honored the request will be liable for racial discrimination. See information about age discrimination. and types of discrimination damages.
For Immediate Employer Defense in Racial Discrimination Case, Call 1-866-601-5518.