Race discrimination in the workplace occurs when an employee or job applicant is treated unfairly or differently because of their race, ethnicity, or skin color. This form of discrimination can impact hiring decisions, promotions, job assignments, compensation, and other aspects of employment. Race discrimination is illegal under federal and state laws, but it continues to affect many individuals, leading to significant emotional, financial, and professional harm.

Types of Race Discrimination:

• Direct Discrimination: Direct race discrimination happens when an employer treats an individual unfairly because of their race. This could involve making biased hiring decisions, denying promotions, or imposing disciplinary measures that are harsher for employees of certain racial groups. For instance, if a qualified candidate is passed over for a job because of their race, or an employee is consistently assigned less favorable tasks, this constitutes direct race discrimination.
• Indirect Discrimination: Indirect race discrimination occurs when workplace policies or practices that appear neutral on the surface disproportionately disadvantage employees of a particular racial group. An example of this might be a company policy that unintentionally favors one group of employees over another. For instance, a workplace rule requiring certain grooming standards might disproportionately impact people of certain racial backgrounds due to cultural or ethnic characteristics.
• Racial Harassment: Racial harassment creates a hostile work environment through offensive jokes, comments, or actions that target an employee's race. This form of discrimination often involves derogatory remarks, slurs, or racially offensive behavior that makes the workplace intolerable. A hostile environment can significantly affect the emotional and psychological well-being of the targeted employee, leading to increased stress, reduced productivity, and a negative work experience.
• Retaliation: Retaliation occurs when an employer punishes an employee for reporting or challenging race discrimination in the workplace. Retaliatory actions can include termination, demotion, reduction in work hours, or other negative consequences that discourage employees from asserting their rights. Retaliation is illegal, and employees who face punitive actions for reporting discrimination are entitled to legal protection.

Legal Protections Against Race Discrimination

Federal Laws:

• Title VII of the Civil Rights Act of 1964: Title VII is one of the most important federal laws protecting employees from workplace discrimination. It prohibits employers from discriminating against individuals on the basis of race, color, religion, sex, or national origin in all aspects of employment, including hiring, promotions, compensation, and workplace conditions. Title VII also makes it illegal for employers to create or allow a hostile work environment, such as permitting racially offensive jokes or slurs in the workplace. This law applies to employers with 15 or more employees, and it gives victims of race discrimination the right to file complaints with the Equal Employment Opportunity Commission (EEOC).
• Section 1981 of the Civil Rights Act of 1866: Section 1981 provides additional protections against racial discrimination in the workplace, specifically addressing the right of all individuals to make and enforce contracts without discrimination. This means that employees of any race must be treated equally in employment contracts, promotions, and other job-related agreements. Section 1981 covers all employers, regardless of size, and provides a broader scope of protection than Title VII by applying to both public and private employers.

Michigan State Laws:

• Elliott-Larsen Civil Rights Act: Michigan’s Elliott-Larsen Civil Rights Act (ELCRA) goes beyond federal protections, prohibiting discrimination based on race, religion, color, national origin, age, sex, height, weight, familial status, and marital status in employment, housing, and education. The ELCRA applies to all Michigan employers, regardless of size, and explicitly forbids race-based discrimination, including hiring practices, pay disparities, and the creation of a hostile work environment. The law also prohibits retaliation against employees who report or challenge discriminatory practices.

How These Federal and State Laws Work Together:

Federal and state laws work in tandem to provide comprehensive protection for employees in Michigan. While Title VII and Section 1981 establish nationwide protections against race discrimination, the Elliott-Larsen Civil Rights Act expands on these protections and applies them within the state. This layered legal framework ensures that employees have multiple avenues to seek justice, whether through federal agencies like the EEOC or state-based organizations such as the Michigan Department of Civil Rights (MDCR).

Recognizing Race Discrimination in the Workplace

Examples of Race Discrimination:

• Denial of Promotions or Opportunities Based on Race: One of the most common forms of race discrimination occurs when qualified employees are passed over for promotions, career advancement, or professional development opportunities because of their race. For instance, an employee of color who has the skills and experience to qualify for a promotion may be denied the opportunity, while a less qualified employee of a different race is promoted.
• Different Disciplinary Measures or Treatment of Employees Based on Race: Race discrimination is also evident when employees of different races are disciplined unequally for similar infractions. For example, an employer may impose harsher disciplinary actions (e.g., suspension or termination) on employees of one race while giving lesser punishments (e.g., a warning) to employees of another race for the same behavior. This unequal treatment can create an environment of fear and resentment.
• Segregation in Job Duties or Tasks Assigned to Employees of Different Races: Segregating job duties based on race is another form of discrimination. This may include assigning less desirable tasks or more labor-intensive work to employees of one racial group while giving more favorable or high-visibility tasks to employees of another group. This segregation not only limits the affected employee's opportunities for career growth but also reinforces racial stereotypes.
• Racially Offensive Jokes, Comments, or Actions that Create a Hostile Work Environment: Racial harassment can create a hostile work environment where employees are subjected to racially offensive jokes, comments, or actions. This can include derogatory remarks about an employee’s race, ethnic slurs, or racially charged “jokes” that make the workplace feel unwelcoming and uncomfortable. Such behavior can severely affect the morale and well-being of employees and is prohibited under federal and state anti-discrimination laws.

Subtle Forms of Race Discrimination:

While some forms of race discrimination are overt, others are more subtle and may be harder to recognize. These can include implicit biases and microaggressions, which, though less visible, still contribute to an unequal work environment:

• Implicit Biases: Implicit biases are unconscious stereotypes or attitudes that influence behavior toward individuals based on their race. For example, an employer may unknowingly assume that a person of a certain race is less competent or trustworthy, leading to fewer job opportunities or a lack of career advancement. Although these biases may not be intentional, they can still result in discriminatory outcomes.
• Microaggressions: Microaggressions are subtle, often unintentional, comments or behaviors that convey negative or derogatory messages to individuals based on their race. These can include backhanded compliments, assumptions about an employee's abilities or background, or exclusion from professional opportunities. For instance, an employee of color might constantly be asked, "Where are you really from?" which implies they don’t belong. Though microaggressions may seem minor, they can accumulate over time and contribute to a hostile or isolating work environment.

Steps to Take if You Experience Race Discrimination

Document the Incidents

The first and most important step is to document each instance of race discrimination. Keep a detailed record of what happened, including:

• Dates and times: Write down when each discriminatory event occurred.
• Description of incidents: Clearly describe what took place, whether it was discriminatory remarks, denial of opportunities, or unequal treatment.
• Witnesses: Note the names of any colleagues or supervisors who were present during the incidents and may be able to corroborate your claims.
• Emails or communications: Save any written communications (emails, text messages, etc.) that support your claim of discrimination. These can serve as crucial evidence if you pursue a legal case.

Report the Issue to HR

The next step is to report the discrimination through your company’s Human Resources (HR) department or other appropriate internal channels. Most organizations have internal procedures in place for handling discrimination claims. When reporting:

• File a written complaint detailing the incidents of race discrimination you’ve experienced.
• Request an investigation: Ask HR or management to investigate the matter and address the discriminatory behavior.
• Follow up in writing: Keep a copy of your complaint and any communication related to the investigation. Ensure that HR or your employer is actively working to resolve the issue.

Seek Legal Counsel

If reporting the issue internally does not result in a resolution, or if you experience retaliation (such as being demoted or terminated after filing a complaint), it’s important to consult with an attorney. Legal counsel can help you understand your rights and advise on the next steps, including how to pursue legal claims. An attorney can:

• Review your case and the documentation you’ve gathered.
• Explain your rights under federal and Michigan state laws, including your protections against retaliation.
• Help you explore options for compensation, such as lost wages or damages for emotional distress.

Filing a Charge with the EEOC or MDCR

If the internal resolution is inadequate or retaliation occurs, you may need to file a formal complaint with a government agency. You have two primary options:

• Equal Employment Opportunity Commission (EEOC):
  • The EEOC is a federal agency responsible for investigating claims of workplace discrimination. To file a charge with the EEOC, you must submit your claim within 180 days of the discriminatory event. In some cases, this time limit may be extended to 300 days if the claim also violates state law.
  • After receiving your complaint, the EEOC will investigate the claim and determine whether there is enough evidence to pursue legal action. They may attempt mediation or settlement between you and your employer. If the EEOC concludes that discrimination occurred, they may issue a "right to sue" letter, allowing you to file a lawsuit against your employer.
• Michigan Department of Civil Rights (MDCR):
  • The MDCR enforces Michigan's Elliott-Larsen Civil Rights Act, which prohibits race discrimination. You can file a complaint with the MDCR within 180 days of the discriminatory act.
  • The MDCR investigates the complaint, and if discrimination is found, they will work to resolve the case. This may involve mediation, conciliation, or legal action in state court.

Contact Marko Law Today

Taking action against race discrimination in the workplace is crucial for creating an environment of fairness and equality. By understanding your legal rights and acting quickly, you can protect yourself and ensure that employers are held accountable for discriminatory practices. Documenting incidents, reporting to HR, and seeking legal counsel are essential steps in this process, and pursuing legal claims through agencies like the EEOC or MDCR may help bring justice.

If you or someone you know has experienced race discrimination in the workplace, Marko Law is here to help. Our experienced legal team is dedicated to fighting for your rights and ensuring you get the justice and compensation you deserve. Contact us today for a free consultation.

Call 1-833-MARKO-LAW or 1-313-777-7LAW to schedule your consultation.
Visit us at our main office: 220 W. Congress, 4th Floor, Detroit, MI 48226.
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