RACIAL DISCRIMINATION LAW
Race and Color Discrimination
Discrimination has been defined as the unequal treatment of equals. Discrimination is expressed in overt behavior, while prejudice is expressed in attitude.
Ethnic discrimination in this country is closely related to historical patterns of immigration and migration, particularly in the flow of newcomers to northern cities. Immigrants to the cities have, as groups, tended to occupy the lowest social and economic level.
During the last thirty years efforts to combat racial discrimination have figured prominently in our history. The civil rights movement of the 1950s and 1960s won the passage of important legislation; decisions of the Supreme Court and regulations of federal agencies have contributed greatly to fighting discrimination, yet it is obvious that a great deal more needs to be done.
It is illegal under both Federal and State Law to discriminate in the "terms or conditions of employment" on the Basis of a person's race or color.
"Terms or conditions of employment" means just about anything relating to someone's job: their position, pay, title, hours, vacations, most everything is a term or condition of employment. Whether or not a person is hired is also considered a term or condition of employment.
Employment discrimination based on association with people of a particular race is also prohibited. For instance, if an employer fired a white employee because she had black friends, or was dating a black man, the white woman would have a discrimination suit, whether or not the employer is prejudiced against whites.
It is also illegal to discriminate on the basis of "color". In one case, an employer hired a "light-complexioned" black applicant with "Caucasian features" over another black applicant who had a "dark complexion" and "Negroid features". This was also against the law, even though in a strict sense one race wasn't being preferred over another.
There are two types of race discrimination: "disparate impact" and "disparate treatment".
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