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Race & Color Discrimination Under EEO Law
What Is Race and Color Discrimination?
The laws enforced by EEOC prohibit an employer from treating you differently, or less favorably, because you or a friend, parent, or someone else you associate with is of a particular race or color. Employers also may not treat you differently, or less favorably, because you have personal traits, such as hair texture, color or certain facial features, associated with a particular race.
The law forbids 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.
What Could Discrimination Look Like?
Race or Color discrimination can be presented as racial jokes or slurs in the workplace, derogatory remarks about a person’s race or color, or displaying racially offensive symbols.
In the hiring process specifically, discrimination can look like only interviewing candidates whose names are traditionally associated with specific cultures, passing on a candidate because of the color of their skin, or not allowing certain facial features that are commonly associated with a specific race.
A big example of this would be a policy of no beards. If the no beard policy has no relation to job performance it could disproportionately eliminate employment opportunity based on a group’s race, or national origin.
How to Avoid Race or Color Discrimination?
Ensure that policies and practices apply to everyone, specifically when it comes to interviewing and hiring.
Train all hiring managers and interviewers on what questions are acceptable to ask in the interview process, ensuring that nothing asked could imply that a candidate’s race or color are being considered in the interview process.
Race and Color Discrimination Protections Under Title VII
- Recruiting, Hiring, and Advancement
- Employers must apply job requirements consistently and ensure they are genuinely necessary for the role. Practices that disproportionately exclude certain racial groups, such as limiting recruitment sources, requiring unnecessary educational qualifications, or using irrelevant testing, may be unlawful.
- Pre-Employment Inquiries
- Asking about race before hiring may imply discriminatory intent and can serve as evidence of discrimination if used in selection decisions. When race data is collected for affirmative action or tracking purposes, it should be kept separate from the hiring process, for example, by using tear-off sheets.
- Compensation and Employment Terms
- Discrimination based on race or color in pay, benefits, work assignments, performance evaluations, training, discipline, or discharge is prohibited.
- Harassment
- Racial or color-based harassment, including slurs, jokes, or other offensive conduct, is unlawful when it creates a hostile work environment or interferes with an employee's job performance.
- Retaliation
- Employees are protected from retaliation when they oppose discrimination or take part in EEO processes, such as filing a complaint or assisting in an investigation.
- Segregation and Classification
- Physically isolating minority employees, assigning them only to minority areas, or making race-based job decisions for any reason, including business concerns, is illegal. Race can never be considered a valid job qualification under Title VII.
- Use of Criminal Records
- Employers may consider criminal history when making hiring decisions, but they must do so in compliance with Title VII and in a way that does not result in unjustified racial disparities.
How Can Goodwin Recruiting Assist?
At Goodwin Recruiting, we are committed to promoting fair, inclusive, and equitable hiring practices that align with EEO laws, including protections against race and color discrimination. We partner with organizations to build hiring strategies that support diversity while mitigating legal and ethical risks in the recruitment process.
Here’s how we can help:
✔ Inclusive Recruitment Strategies
We ensure that our sourcing and recruiting methods do not rely on limited networks or biased criteria that could exclude qualified candidates based on race or color. Our recruiters actively promote diverse candidate slates and apply consistent, job-related qualifications across the board.
✔ Bias-Free Screening and Evaluation
We work with our clients to develop and refine screening processes that focus solely on skills, experience, and job-related qualifications. Our team is trained to identify and avoid red flags such as unconscious bias in resume review, interview questions, and candidate feedback.
✔ Interview Process Support
We provide guidance on interview structure and best practices to ensure compliance with EEO standards. This includes advising clients on lawful and appropriate questions, avoiding assumptions based on appearance or background, and maintaining consistent evaluation criteria for all candidates.
✔ Education and Awareness
Goodwin Recruiting offers insights and resources to help hiring managers recognize and avoid practices that could lead to unintentional discrimination. This includes awareness around grooming policies, such as facial hair or hairstyles, which may disproportionately impact candidates of certain racial or ethnic backgrounds.
✔ Compliance Alignment
We stay informed on evolving EEOC regulations and help our partners remain aligned with federal employment law. By emphasizing fair hiring practices and equal opportunity, we support our clients in fostering respectful, compliant, and high-performing workplaces.
Partner with Goodwin Recruiting to ensure your hiring practices support diversity, comply with EEO laws, and attract top talent from all backgrounds. Contact us today to learn how we can help you move forward with confidence.
