Discrimination in the workplace in the United States was once not only common, but viewed as acceptable by many people. Workers were routinely discriminated against based on a variety of characteristics such as the worker’s sex, religion, national origin, and/or race. Fortunately, both the federal government and most states governments began passing anti-discrimination laws in the 1960s that made many types of employment discrimination illegal. Discrimination in the workplace based on race, for example, is prohibited by both federal and state law in the State of Florida. One question we are frequently asked, however, with regard to racial discrimination in employment is “ Am I protected from racial discrimination if I am bi-racial? ”
At the federal level, Title VII of the Civil Rights Act of 1964, commonly known as “Title VII” prohibits race-based employment discrimination. The State of Florida also prohibits race-based employment discrimination in the Florida Civil Rights Act, or FCRA. Both Title VII and the FCRA clearly make it illegal to discriminate in the workplace based on an individual’s race; however, neither clarifies whether the claimant must be from a minority group and/or from certain racial groups in order to be entitled to protection. What is clear, however, is that it is illegal to treat someone differently because he/she is a certain race, or appears to be a certain race. In addition, it is illegal to discriminate based on racial characteristics, such as skin color, hair texture, or facial features typically associated with a specific race. Furthermore, the law makes it illegal to treat someone unfavorably because the individual is married to, or associated with, someone from a specific racial group.
Given the fact that the law does not specify which racial groups are protected, it is clear that a bi-racial individual could have a valid employment discrimination claim if the facts support a claim for discrimination. Those facts could include, but are not limited to, discriminatory acts relating to hiring, firing, pay, job assignments and/or promotions along with layoff, training, fringe benefits, and any other term or condition of employment if based on your race or racial characteristics.
If you have additional questions or concerns about racial discrimination in the workplace or employment law in general, contact the experienced Florida employment law attorneys at Richard Celler Legal, P.A. by calling 954-716-8601 to schedule your appointment.