Race Discrimination

Race Discrimination in Employment is Unlawful

Federal and Colorado law prohibit race discrimination in employment.

This office welcomes the opportunity to provide experienced counsel and representation to persons subjected to race discrimination. Steven Murray has successfully represented individuals subjected to race discrimination, including racial harassment, in lawsuits before United States District Courts.

Race Discrimination Law

Title VII of the Civil Rights Act of 1964, a federal law, and the Colorado Anti-Discrimination Act [CADA], prohibit race discrimination. Title VII applies to employers with 15 or more employees, labor organizations, and employment agencies. The CADA applies to employers with one or more employees.

Section 1981 of the Civil Rights Act of 1866, a federal law, prohibits race discrimination in employment.

A Section 1981 claim has advantages over claims under Title VII or CADA. Section 1981, unlike Title VII and CADA, does not: (1) require a claimant to file an administrative claim with the EEOC or state government agency, before filing a lawsuit; (2) require the employer to have a minimum number of employees to be sued for race discrimination; and (3) contain any limitation on the amount of an award of compensatory or punitive damages.

Customer preference is never a justification for race discrimination in employment.  Employers are prohibited from basing employment actions on the bias and prejudice of co-workers, customers, clients, or patients. For example, a large automobile dealer in a suburb may not refuse to hire a qualified African-American employee because the employer’s customers prefer dealing with white salespeople.

Discriminatory Actions

Race discrimination includes adverse employment actions taken because of race. Examples include but are not limited to:

  • Denying person employment opportunities based on: (1) racial stereotypes; or
  • (2) a person’s marriage to a member of a specific race; (3) associations and relationships with other persons or groups, i.e. a church associated with a specific race.
  • Limiting, segregating, or classifying employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect her status because of the individual’s race.
  • Failure or Refusal to Hire.
  • Posting and advertising of employment positions, recruiting process, interviewing, or selection process.
  • Terms, conditions or privileges of employment.
  • Compensation, wages, or benefits.
  • Promotion, demotion, or job assignments.
  • Discipline.
  • Discharge.
Retaliation

Title VII and the CADA prohibit employers from discriminating against an individual, through retaliation, because the individual opposed any practice unlawful under the law, i.e. race discrimination, or the individual made a charge, assisted, testified or participated in any investigation, litigation, or proceeding under the law.

Harassment/Hostile Work Environment

Racial harassment is race discrimination. Racial harassment is actionable when the harassment results in a tangible employment action, i.e. discharge; or where the conduct is sufficiently severe or pervasive to alter the conditions of employment and create an abusive working environment; i.e. an environment permeated with abusive unwelcome racial slurs and ridicule.

Conclusion

Murray Law welcomes the opportunity to provide dedicated legal counsel and representation to any person who believes that he or she has been deprived of the right to be free from race discrimination in employment. Please contact Steven Murray at 720-600-6642.

Resource

The Equal Employment Opportunity Commission [EEOC] provides guidance, explanation, and discussion concerning race discrimination. See https://www.eeoc.gov/laws/types/race_color.cfm

Contact Us
Contact Us