Racial discrimination occurs when an employer takes adverse employment actions against an employee or applicant because of their race or color. This can include, but is not limited to, hiring, firing, promotions, job assignments, training opportunities, compensation, and terms and conditions of employment. It is also unlawful for an employer to harass an employee based on their race or create a hostile work environment.
Racial Discrimination Under Federal Law
The prohibited conduct under Title VII is broad and includes both intentional discrimination and practices that have a disparate impact on a particular race or group. Intentional discrimination occurs when an employer makes a decision based on a person’s race or color. For example, an employer may refuse to hire an applicant because of their race or deny a promotion to a qualified employee because of their skin color. This type of discrimination is straightforward and easy to identify.
However, employers can also engage in discriminatory practices that have a disparate impact on a particular race or group, even if the practices are neutral on their face. Disparate impact occurs when an employer uses a seemingly neutral practice or policy that has a disproportionate effect on a particular race or group.
Harassment based on race or color is also prohibited under Title VII. Harassment can take many forms, including racial slurs, offensive jokes or comments, physical threats, and other forms of verbal or physical conduct that create a hostile work environment. To be considered illegal, the harassment must be severe or pervasive enough to create a work environment that a reasonable person would find hostile or abusive. The employer is responsible for taking appropriate steps to prevent and address harassment in the workplace.
If an employer violates Title VII, an employee or applicant can file a charge with the Equal Employment Opportunity Commission (EEOC). The EEOC investigates charges of discrimination and can bring legal action against employers on behalf of employees. Employees can also file a lawsuit against their employer for violating Title VII. Remedies for Title VII violations can include back pay, reinstatement, compensatory damages, punitive damages, and injunctive relief.
Racial Discrimination Under Illinois Law
The Illinois Human Rights Act (IHRA) provides protections against racial discrimination and other forms of discrimination in Illinois.
Employers in Illinois are prohibited from discriminating against employees or job applicants on the basis of their race. This includes all aspects of employment, such as hiring, firing, promotions, pay, benefits, and working conditions.
Landlords and property owners in Illinois cannot discriminate against tenants or prospective tenants on the basis of their race. This includes refusing to rent to someone, charging different rent or deposit amounts, providing different services or amenities, or otherwise treating tenants or prospective tenants differently based on their race.
Employers in Illinois are prohibited from discriminating against employees or job applicants on the basis of their race. This includes all aspects of employment, such as hiring, firing, promotions, pay, benefits, and working conditions.
Businesses and other entities that are open to the public, such as restaurants, hotels, and stores, cannot discriminate against customers or clients on the basis of their race. This includes denying service, providing different service or accommodations, or otherwise treating customers or clients differently based on their race.
Educational institutions, including public and private schools, colleges, and universities, are prohibited from discriminating against students or prospective students on the basis of their race. This includes admissions, financial aid, academic programs, and other aspects of education.
After the IDHR process, victims of discrimination file a lawsuit in state court to seek damages and other remedies. The IHRA allows for compensatory damages, including emotional distress damages. The IHRA also allows for attorneys’ fees and costs to be awarded to prevailing plaintiffs.
