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What Constitutes Racial Discrimination in the Workplace?

Filing a Complaint

U.S. federal law broadly dictates that a person has six months, or 180 days, from the day of the alleged racial discrimination to file a formal complaint. However, if the person works for a federal agency, the complaint must be registered within 45 days. Other government agency contexts allow for up to 300 days to file, separate from any variations in state racial discrimination law guidelines.

The basic tenets of racial discrimination were forged in Article VII of the 1964 Civil Rights Act. Today, the first step in resolving a racial discrimination complaint can often involve mediation. There is also great consideration given throughout the process to confidentiality, to basically protect the future job prospects of all parties.

Large Number of Complaints

Accusations of racial discrimination in the U.S. workplace have mushroomed in recent decades. Many of these cases involve African-Americans who claim a hostile work environment or termination because of their race.

Racial discrimination can take all sorts of different forms. In the case of a recent Illinois complaint, two African-American employees complained that their bosses referred to black workers and customers as "you people"; that they were denied raises while Caucasian co-workers of equal status and pay were promoted; and that when they complained in 2008 of the conduct, that they were terminated without a proper investigation into their allegations. EEOC law extends racial discrimination to not just hiring and firing but also the realms of job duties, training, fringe benefits, and other related areas.