Knowing the Elements of Discrimination based on Race

The United States is a nation of diversity.  It is where people of different cultures, beliefs, races, and nationalities meet. While this kind fusion may be considered one of the reasons behind the U.S.' constant progress, since all the best of every race and nationality are taken advantage of and developed, there are still certain races, nationalities and cultures which seek higher recognition and look down upon others different from them.

These tendencies are particularly ongoing in workplaces where a blend of races and colors would meet. Thus, a federal law against racial discrimination is implemented to control and eventually eradicate this kind of attitude among every American. State governments also implemented this policy giving focus on certain conditions particularly occurring in a state.

All over the United States of America, it is widely known that it is illegal to discriminate a person based on his/her color or race, whether in terms of their employment and other significant related situations.

How does racial discrimination occur?

There are two kinds of situation where racial discrimination may occur:

1. Disparate treatment – when an employee becomes subjected to discrimination on the basis of his/her ethnicity, skin color, race or other similar characteristics with same impact.

1. Disparate impact – when discrimination occurred unintentionally arising from the employment policies issued by the employer, which has an adverse effect on some or all of the employee's race, skin color, ethnicity and other similar characteristics.

When does racial discrimination occur?

Any stage in the employment status:

-         decisions during initial hiring

-         advancements or promotions

-         compensations and benefits

-         salary increases and other incentives

-         job assignments

-         training

-         employment termination

-         retrenchment or layoffs

The way a person is discriminated may be based on certain immutable racial characteristic like:

• skin color
• hair or eye color
• particular facial features of a certain race

It falls into the employers' responsibility to make sure that no racial discrimination occurs in the workplace they own or manage. Further, employers must make sure that employees are permitted to seek the help of the management in preventing and condoning such illegal activity.

Employees who have complained regarding the discrimination directed against them because of their race must also be given due protection against any form of retaliation. Further, the employers must not punish employees, whether by direct or indirect means, because of issuing a complaint, opposing or assisting to file a complaint against this prohibited practice.

Retaliation on the part of the employer gives the employee a reasonable ground to file a lawsuit.

Federal and state racial discrimination laws

The federal laws that provide lawful remedies for victims of racial discrimination are based in the Civil Rights Act of 1964 Title VII. This applies to employers who are employing 15 or more workers.

Meanwhile the states' anti-discrimination laws usually provide protection for employees working for smaller-scale establishments.

Reinforce your understanding of the racial discrimination law http://www.mesrianilaw.com/Racial-Discrimination-Laws.html with the help of professional racial discrimination attorneys.