Practice Areas » Discrimination » Race
It is unlawful for an employer to discriminate against any employee because of his/her race, ethnicity or color. An employee cannot be denied an equal employment opportunity because of his/her racial group or perceived racial group, his/her race-linked characteristics (e.g., hair texture, color, facial features), or because of his/her marriage to or association with someone of a particular race, ethnicity or color. Federal and Hawaii law also prohibit employment decisions based on stereotypes and assumptions about abilities, traits or the performance of individuals of certain racial or ethnic groups. These laws apply regardless of whether the discrimination is directed at Whites, African-Americans, Asians, Latinos, Arabs, Native Americans, Native Hawaiians and Pacific Islanders, multi-racial individuals, or persons of any other race, ethnicity or color.
In addition, racial jokes, ethnic slurs and offensive or otherwise derogatory remarks that are made because of an individual's race may constitute unlawful race, ethnicity or color discrimination if the conduct creates a hostile work environment.
A few examples of possible race, ethnic or color discrimination include, but are certainly not limited to, the following:
You are required to work in a separate or isolated area from employees of other races, or you are not allowed to participate in work-related activities in which you would be in contact with employees of different races.
You are denied the ability to advance in the organization where you are employed, while individuals of a lower skill set, but of a different race, are permitted to advance.
Your position and the positions of others in the same racial group as you were eliminated during company layoffs, but most of the employees of a different race were able to keep their positions or were reassigned to other positions.
The Law of Race Discrimination
Federal law has prohibited race discrimination in employment for over 140 years. Section 1981 of the Civil Rights Act of 1866, prohibits discrimination in employment based on race or color. More recently, Congress passed Title VII of the Civil Rights Act of 1964, which prohibits such discrimination and expands the law's protection to also prohibit discrimination based on national origin. Title VII established the Equal Employment Opportunity Commission, an administrative agency charged with investigating charges of employment discrimination and enforcing the laws. In order to bring a lawsuit under Title VII, you must first exhaust your administrative remedies with the EEOC. It is helpful to consult with an attorney before filing a charge with the EEOC.
Hawaii's Fair Employment Practice Act HRS § 378-2 prohibits racial discrimination in employment. The Hawaii Civil Rights Commission is the administrative agency that enforces this state law.
If you have been discriminated against by your employer or harassed at your job because of your race, your employer may be violating the law. An employment attorney may be able to help and guide you. Our firm will be glad to discuss your concerns with you. Contact Us Today →