October 21, 2024
The Colors of Race: EEOC Case Reminds Us of Title VII Protections
Of all charges filed with the EEOC in its last fiscal year, those based on color comprised only 7.2% while race-based charges accounted for 33.9%. One employer recently paid $250,000 to settle a lawsuit filed by the EEOC that alleged both types of discrimination.
The EEOC alleges the employer laid off approximately 43 employees that included some who were Black and/or had dark skin tone. When employees were recalled, the employer recalled primarily white employees and those with lighter skin tones. The lawsuit also alleged that employees with dark skin tones experienced racial hostility and observed preferential treatment of white employees while employed.
While color-based charges might not be prevalent, I have heard related concerns with more frequency in the last year or two. What is interesting to me is that I hear the concerns related to coworkers, not the employer. When conducting workplace investigations and on more than one occasion, I have had an employee explain why coworkers of the same race “don’t count” or are not in the same category, class, or group as them because they are lighter skinned. One employee explained it this way, “In our culture because of my skin I am considered black and when you are a white or light skinned Latina you are considered white…it’s race versus ethnicity.”
At first blush, that might sound like the employee is biased or discriminatory. Don’t discount it solely on that basis. This case reminds us that color is a legally protected status on its own. Following the events of 9/11, the EEOC published guidance on “Employment Discrimination based on religion, ethnicity, or country of origin.”
Ethnicity might be overlooked since it is not expressly included in Title VII of the Civil Rights Act of 1964. But characteristics related to race, national origin, religion, or color may be one or more components of ethnicity and each of those are covered under Title VII.
Lessons Learned?
- Include all forms of unlawful discrimination and harassment in your staff and management training. Give them practice examples of conduct that is not only unlawful, but a violation of your company policy.
- Tell your supervisors, managers, and leaders to keep themselves safe. The EEOC’s lawsuit also included a claim filed under the Civil Rights Act of 1991, which includes liability for and damages against an individual who engages in race-based discrimination or harassment.
