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Racial and National Origin Discrimination in the
Workplace
Orlando Race
Discrimination Attorney - Lawyer, providing experienced
National Origin Discrimination and Racial Discrimination in the
Workplace in the Workplace, Labor Law, and Employment Law legal Services in Orlando, Orange County,
and the surrounding Central Florida area.
 The
law that governs race - racial discrimination in the workplace and employment
opportunities is
Title VII of the
Civil Rights Act of 1964
(last amended in 1991) and the Florida Civil
Rights Act. These laws prohibit discrimination in the workplace and
employment opportunities based on a worker's or applicant's race or national
origin.
Race discrimination,
commonly referred to as Racial Discrimination is defined
as treating an employee or employees differently because
of their race or national origin, affecting the "terms
or conditions of employment" such as available positions
within the company, promotional opportunities, pay,
title, hours, vacations, and so on. This may also
include whether or not a person is hired due to his or
her race or national origin.
This law protects and
includes Whites, Blacks, Asians, Latinos, Arabs,
American Indians, Alaska Natives, Native Hawaiians,
Pacific Islanders, persons of more than one race, and
all other persons, whatever their race, color, or
ethnicity. This also includes discrimination based upon
the race or national origin of the worker's spouse or
significant other.
Every
worker and perspective employee, by law, is to be given
the same consideration as everyone else. While an
employee may hire or promote anyone they choose, race or
national origin should not play a factor in any
employment process.
Steven M. Fahlgren
represents the rights and goals of those who must address
national origin discrimination or race discrimination in the workplace,
labor law, and employment law legal issues in the
Orlando, Orange County,
and surrounding Central Florida areas. For a confidential legal
consultation, please call
904.845.2255.
Race-Related Characteristics and Conditions
Discrimination on the basis of an immutable
characteristic associated with race, such as
skin color, hair texture, or certain facial
features violates Title VII, even though not all
members of the race share the same
characteristic.
Title VII also prohibits discrimination on the
basis of a condition which predominantly affects
one race unless the practice is job related and
consistent with business necessity. For example,
since sickle cell anemia predominantly occurs in
African-Americans, a policy which excludes
individuals with sickle cell anemia must be job
related and consistent with business necessity.
Similarly, a "no-beard" employment policy may
discriminate against African-American men who
have a predisposition to pseudofolliculitis
barbae (severe shaving bumps) unless the policy
is job related and consistent with business
necessity.
If you have questions, concerns, or needs regarding
national origin discrimination or race discrimination in the workplace,
labor law, and employment law
legal
issues, we urge you to seek the legal advice of an experienced
Orlando
racial discrimination
attorney - lawyer. Contact
The Law Offices of
Steven M. Fahlgren, P.A.,
at
904.845.2255 to schedule a confidential legal
consultation.
Harassment
Harassment on
the basis of race and/or color violates Title VII. Ethnic slurs,
racial "jokes," offensive or derogatory comments, or other
verbal or physical conduct based on an individual's race/color
constitutes unlawful harassment if the conduct creates an
intimidating, hostile, or offensive working environment, or
interferes with the individual's work performance.
Segregation and Classification of Employees
Title VII is
violated where minority employees are segregated by physically
isolating them from other employees or from customer contact.
Title VII also prohibits assigning primarily minorities to
predominantly minority establishments or geographic areas. It is
also illegal to exclude minorities from certain positions or to
group or categorize employees or jobs so that certain jobs are
generally held by minorities. Coding applications/resumes to
designate an applicant's race, by either an employer or
employment agency, constitutes evidence of discrimination where
minorities are excluded from employment or from certain
positions.
Pre-Employment Inquiries
Requesting
pre-employment information which discloses or tends to disclose
an applicant's race suggests that race will be unlawfully used
as a basis for hiring. Solicitation of such pre-employment
information is presumed to be used as a basis for making
selection decisions. Therefore, if members of minority groups
are excluded from employment, the request for such
pre-employment information would likely constitute evidence of
discrimination.
However,
employers may legitimately need information about their
employees' or applicants' race for affirmative action purposes
and/or to track applicant flow. One way to obtain racial
information and simultaneously guard against discriminatory
selection is for employers to use "tear-off sheets" for the
identification of an applicant's race. After the applicant
completes the application and the tear-off portion, the employer
separates the tear-off sheet from the application and does not
use it in the selection process.
 If
you require professional legal services regarding
national origin discrimination or race discrimination in the workplace,
labor law, and employment law legal
issues, be proactive in
protecting your legal
rights by seeking the legal advice of
an experienced
Orlando
racial discrimination
attorney
- lawyer. Contact
The Law Offices of
Steven
M. Fahlgren, P.A.,
by calling
904.845.2255.
Orlando Race
Discrimination Attorney - Lawyer, providing experienced
National Origin Discrimination and Racial Discrimination in the Workplace, Labor Law, and Employment Law legal Services in Orlando, Orange County,
and the surrounding Central Florida area.
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