Most employees are aware that there are state and federal laws that protect workers from discrimination in the workplace.
Employers are prohibited from discriminating in employment against a potential or current employee on the basis of specific protected classes or characteristics covered by those state and federal laws. Most people are also aware that “race” is a covered class.
You may wonder though, exactly what conduct is prohibited?
Can an employer ask you about your race, for example?
Imagine, for example that you are in a job interview and the prospective employer is asking you common questions about your educational history, work experience, and future career goals.
All of a sudden, the interviewer asks you “So are you African American or Native American? — You look like you could be either.”
Not surprisingly you are unsure how to respond.
Imagine another similar predicament wherein you are already employed by a company and you, along with several other employees, are all having a staff meeting. Your boss also present. The conversation involves a discussion about products similar to those your company makes that are made in Asia.
Your boss turns to you and says “You’re Asian right? What do you think?” Again, you are stunned and unsure how to respond.
The question is whether or not an employer is prohibited by law from asking you about your race.
Most people are under the impression that an employer is not allowed to ask about, or discuss, race in the workplace.
That is actually not correct.
Both Title VII of the Civil Rights Act of 1964 and the Florida Civil Rights Act prohibit discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
Discrimination, in turn, means treating an individual unfavorably because of his/her race (or other protected class/category).
Asking about your race, therefore, is not illegal. The reason most employers shy away from even discussing race, however, is that they do not want to be accused of using information relating to an employee’s race as a reason for any employment decision.
It is just easier to avoid the subject altogether.
In summary, an employer may ask about your race; however, information relating to your race cannot be used to make employment decisions.
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 Celler Legal, P.A. by calling 954-716-8601 to schedule your appointment.
To learn more, please download our free liable for Florida employment discrimination here.