History

• In the aftermath of the Civil War, the United States abolished slavery and gave blacks the legal right to join the workforce. However, blacks had little protection from discrimination in employment, education, voting and other realms. Black workers felt they did not receive fair consideration for job openings, or for promotions after joining a business. Instances of outright segregation in the workplace were a means of isolating minorities from fellow workers or customers, as well as from co-workers who intimidated them.
  
  

Legislation

• As part of the Civil Rights Act of 1964, no employer may discriminate against a worker because of race or color. The law applies both to current workers and applicants. When hiring, according to the law, employers should not ask questions about an applicant's race unless such information legitimately pertains to the position. When considering employees for promotions, layoffs or other job actions, employers should not consider race. The law also prohibits using business concerns--such as a customer's potential negative reaction to a minority employee--as a justification for making a discriminatory decision about personnel.
  
  

Types

• From its inception in 1964, the Equal Employment Opportunity Commission (EEOC) found two general kinds of discrimination. One form was intentional, overt discrimination against individual workers. The other, more prevalent form involved employment practices that seemed racially neutral on the surface, but that had a disproportionately negative effect on minorities. One example in the early 1970s was the requirement of a sixth-grade education for a manual labor position. The EEOC claimed the requirement did not relate to job performance and had a disproportionate effect on black applicants. The EEOC took the case to the Supreme Court and won.
  
  

Enforcement

• In most cases, a victim of discrimination must contact the federal EEOC or a state agency before filing a lawsuit. The agency may first send the case to mediation. If that step does not work, the agency will launch an investigation and decide whether to file a lawsuit. Remedies may include a promotion or pay raise for the victim if applicable, along with compensatory and punitive damages. If the EEOC decides against pursuing the case, the complainant may file suit on his own.
  
  

Future Issues

• The EEOC admits that its goal of ending racial discrimination on the job remains "elusive." Discrimination charges continue to increase. The EEOC has become especially concerned about the issue of retaliation, in the form of punitive actions and collateral lawsuits, against workers who file charges. With minorities making up a larger percentage of the workforce these days, the challenges continue to grow.