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If your employer has an affirmative action plan, it may help eliminate some of the barriers to advancement that racial minorities have faced historically.

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Example: An upscale retail establishment with a sophisticated clientele rejects an African American male applicant. Can I be discriminated against by someone of the same race as me?

The hiring manager stereotypically believes that African American males do not convey a clean-cut image and that they lack the soft skills needed to service customers well. Yes, discrimination based on race by someone of the same race is still illegal.

Title VII also prohibits assigning primarily minorities to predominantly minority establishments or geographic areas.

It is illegal to exclude minorities from certain positions or to group or categorize employees or jobs so that minority workers generally hold certain jobs, or because of a belief that they should do so.

The evidence revealed that the transportation shuttle service denied the African American drivers the more profitable routes, sent them to destinations where no passengers awaited pickup, and misappropriated their tips by giving them to the native African drivers. The conduct must be sufficiently frequent or severe to create an intimidating, hostile, or offensive working environment, or result in a "tangible employment action," such as hiring, firing, promotion, or demotion. Because anti-discrimination laws were enacted to prevent discrimination against groups that were historically disadvantaged and denied opportunities in the workplace, there may be a perception that the same laws do not protect members of majority groups.

For more information, see our page on racial harassment. What is reverse discrimination and is it covered under Title VII? However, anti-discrimination laws prohibit all forms of discrimination based on protected characteristics, regardless of whether a person belongs to a majority group.

However, employers may have a legitimate need for information about their employees' or applicants' race for affirmative action purposes and/or to track applicant flow.

One way to obtain racial information and guard against discriminatory selection is for employers to use “tear-off sheets” for the identification of an applicant's race.

A case involving disparate treatment requires a finding of intentional discrimination, and the individual must prove that the employer had a discriminatory intent or motive. Intentional discrimination occurs when an employment decision is affected by the person's race.

However, disparate impact cases do not require a showing of intent. It includes not only racial animosity, but also conscious or unconscious stereotypes about the abilities, traits, or performance of individuals of certain racial groups.

Consequently, an assignment or placement selected because of your race that segregates you or negatively affects your pay, status in the company, or ability to advance would be against the law. Requesting Requiring pre-employment information that discloses or tends to disclose an applicant's race suggests that race will be unlawfully used as a basis for hiring.

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