A Business-Minded Approach To Employment Law

Racial Discrimination in the Hiring Process

On Behalf of | Jun 7, 2021 | Employment Law |

It is unlawful to practice any type of racial bias in the workplace. In 1964, the Civil Rights Act was put into law that prohibits employers from using racial discrimination in the hiring process. If you want to ensure your company avoids racial discrimination during your next round of hiring , you should understand what discrimination against a specific protected classification like race looks like.

Defining Racial Discrimination

The EEOC (Equal Employment Opportunity Commission) defines the act of discrimination against a race as treating an applicant or an employee unfavorably because they are of a:

  • Specific race
  • Display characteristic of a race such as
  • facial features
  • skin color
  • hair texture

The behavior displayed through discrimination of another race is based on your attitudes, beliefs, and ideologies and results in unfair treatment of an individual because of these behaviors.

Your company can be charged with discrimination against an individual based on race if you have a business practice that follows a pattern of disadvantaging minorities. By acting indifferent to this form of discrimination in your workplace, and refusing to change your practices, you are fostering an environment of unlawful behavior.

Discrimination in Hiring Based on Race

There are two ways your company can be seen as discriminating against race in your hiring process:

1. In-Person Interviews

When you conduct in-person interviews for new positions, hiring decisions cannot be based on dialect, skin color, oror other racial characteristics. Decision must be based on an applicant’s qualifications only.

2. Job Post Wording

How you word your job posting can be seen as racially discriminatory. You may not mention national origin or race in the postings. Even indirect wording can discourage certain applicants from applying and is seen as discriminatory. One example of this would be asking for ‘strong English language skills.’ This wording tells non-native English-speaking persons they are not welcome to apply.

Legal Consequences for Discriminating Against Race in the Hiring Process

The Civil Rights Act of 1964, as amended, protects a person against being discriminated against because of their race in the hiring process, as well as the payment of compensation and benefits once hired. An employer is also prohibited from retaliating against an employee if they file a discrimination complaint against them.

As an employer, you should continually strive to maintain diversity and equality in your hiring process, as well as in your treatment of employees.

Here are some tips for avoiding discrimination based on race during your next hiring event:

Use Bias Interrupters

Having bias interrupters present in your company will ensure disadvantaged groups will not suffer systemic racism. This change can help you in the hiring process by selecting more diverse persons.

Racial Bias Training

You can address racial discrimination in your workplace by offering racial bias training. This training will help your employees whether they are part of the HR staff or simply work beside people of color. This practice is a great step in avoiding discrimination in hiring at your company.

Create an Anti-Racism Program

Build a strong anti-racism program and promote equality and diversity in your workplace. This program can be handled through your HR team and willhelp to avoid discrimination based on race.

Eliminating Racial Discrimination During Hiring Process is the First Step

When you and your staff have learned how to avoid workplace discrination during the hiring process, you’ve completed the first step. This step is not enough, however, as you have to eliminate all forms of discrimination against everyone to ensure all your employees feel satisfied and secure in their positions.

How to Learn More About Discrimination in the Workplace

Danz Law provides knowledgeable representation for employers across the State of Florida. We have extensive experience in business operations and management and are here for you if discrimination issues are occurring in your workplace. We are both counselors and advisers when it comes to employment-based conflicts, and are ready to help you get your company back on track.