b'Race DiscriminationWho, What, Why . . . Who does it apply to:The law applies to all employers regardlesswhite people, though many mistakenly believe that white people of size. are unprotected under the law. Under1981, race is more broadly defined than color and can include ancestry or ethnicity.What is the issue: The Civil Rights Act of 1866 was passed toprohibitracialdiscriminationincontractsofemploymentWhat if my employee violates without consent: Choose carefully and applies to all employers. The Act was later codified underwho you place in charge. Employees placed in positions of Section 42 USC1981. Title VII was passed in the 1960s toauthority with the power to control the circumstances of other protect against discrimination based on race, color, religion, sexemployees are not personally liable. Their liability is placed with or national origin by employers with 15 or more employees. the employer even if the employee acts without authority. The same is true of independent contractors placed in positions of WhatamIrequiredtodo:Employersarerequirednottoauthority over employees.discriminate against employees on the basis of race or color. Morespecifically,employersarerequirednottotreatanWhat if race or color is a requirement of the job: Race or color employee adversely with any consideration of his or her racecannotbeaconditionofajob. Thebonafideoccupational or color in relationship to any significant aspect of employment. qualification (BFOQ) concept does not apply to race and color. Even stereotyping for language by race and color is problematic. What constitutes a violation: There are two kinds of violations:There are plenty of white, Black, Asian and Latino people that direct mistreatment and disparate impact. Direct mistreatmentspeak, say,.Farsi.isstraightforward.Ifanemployeraffirmativelymistreatsan employeebecauseofraceorcolorbyfailingtohire,firing,Can retaliation play a part: Title VII protects employees who demoting, or any other type of significant slight someone mightengageinprotectedactivitiessuchassupportinganother dream up, it can be actionable as race or color discrimination. employeesclaimofdiscrimination,resistinginstructionto discriminate, and filing a complaint about discrimination with the Disparate impact is more subtle. If an employer creates a policyemployer or the Equal Employment Opportunity Commission thatisneutralornon-discriminatoryonitsface,thatpolicy(EEOC).Employerscannotnegativelyimpactasignificant might have a consequence of negatively impacting workers ofaspect of employment for an employee who supports anothers one race or color more significantly than others. If an employerrace or color or their complaint of discrimination. Employers institutes a policy that its employees must be clean shaven, thealso cannot retaliate against an employee for complaining of policy itself does not seem discriminatory because it may affectrace or color discrimination or making a charge of race or color any applicant. That said, many Black people have a hair typediscrimination with the EEOC.that can lead to irritation when frequently shaved, hence the rule has an adverse effect on Black applicants. This facially (noWhataboutharassment:Evenifanemployerdoesnot pun intended!) neutral rule has a disparate impact against Blackdiscriminate against an employee directly, the employer may be applicants and may create a claim. liable if its employees harass an employee about his or her race or color.What counts as race or color: Under Title VII, race and color include what most people think of as differences based on race or color and includes Black, Latino, Asian, etc. It even includes 53'