How To Fight Racial Discrimination in Hiring

Fight Workplace Discrimination How To Fight Racial Discrimination in Hiring

Fight Racial Discrimination in Hiring and Get the Job You Deserve

Anti-discrimination laws are explicit in stating that racial discrimination is illegal in a company’s hiring processes.

Despite this, many companies still think they can get away with hiring or rejecting candidates based on their race.

If you have been rejected in spite of superior experience and qualifications, you may be a victim of racial discrimination in hiring—DoNotPay’s guide will show you how companies do it, how you can spot it, and what you can do to fight back.


How Does Racial Discrimination in Hiring Work?

Two types of employment discrimination can occur in the hiring processes:

Type of Discrimination

Explanation

De jure discrimination The employer has specific policies designed to encourage hiring based on racial characteristics. These policies could include:

  • A statement that the company aims to hire from socially disadvantaged areas
  • A policy of matching staff hired to customer profiles—a predominantly white customer base requiring white sales reps, for example
De facto discrimination While the employer has anti-discrimination policies in place, recruitment staff employs racial bias in screening, interviewing, and selecting candidates. Examples of this could be:

  • Rejecting resumes from candidates with “ethnic-sounding” names
  • Using biased interview techniques based on the race of the applicant
  • Running more stringent background checks for Black candidates

De jure discrimination in hiring practices is less frequent—it is easy to spot, and employers are aware of the dangers of overtly racist policies.

De facto discrimination is less clear-cut and can occur both deliberately or unconsciously.

It is also difficult to prove, as you would need to compare your screening, interview, and selection processes with those used for the other applicants for the position—information you are not privy to as an applicant.

The only way to spot racial discrimination in employment is to be aware of the kind of techniques used.

How To Spot Racial Discrimination in Hiring

Companies send out subtle signals that they screen candidates based on racial stereotypes. Here are the most common actions to look out for:

  1. Advertising for strong language skills
  2. Posting on specific job boards
  3. Asking intrusive background questions
  4. Demanding higher qualifications than the job requires
  5. Insisting on excessive background checks and references

Advertising for Strong Language Skills

Any advertisement that requires strong English language skills may be an indication that the employer favors a certain racial stereotype.

Posting on Specific Job Boards

If the employer posts the job ad on job boards tailored to specific racial groups—such as alumni boards, professional association forums, or community sites—this could indicate that they are looking for a specific demographic to the exclusion of others.

Asking Intrusive Background Questions

Questions about your family background, schools attended, or educational history may be an indication of a covert racial screening process.

Demanding Higher Qualifications Than the Job Requires

If an employer deliberately looks for a bachelor’s degree for a position that requires no more than a high school diploma, they may be filtering out certain candidates who couldn’t afford a higher level of education due to their racial background.

Insisting on Excessive Background Checks and References

While background checks are expected, demanding more than the usual number of references or asking for character attestations may be an indication of racial filtering.

What Can You Do About Racial Discrimination in Hiring?

What you can do depends on your position, namely whether you are:

  1. An employee already in the company
  2. A candidate applying for a job

An Employee Already in the Company

If you are suspicious that your company practices racial discrimination in hiring new employees, you can:

  • Check your company anti-discrimination policy
  • Involve yourself in the hiring process
  • Ask for workshops on racial diversity
  • Raise the issue with your supervisor or HR

A Candidate Applying for a Job

If you feel you may have been discriminated against in your screening or interview process, you are free to make inquiries with the company’s hiring manager—this will seldom generate any meaningful response, though.

If you have tangible evidence of bias in the hiring process, you should escalate the matter by involving the Equal Employment Opportunities Commission (EEOC).

The EEOC is tasked with investigating any breaches of federal anti-discrimination law and will investigate your case to get to the truth.

How Do I Involve the EEOC?

Before you can contact a discrimination lawyer and launch legal action against the employer, you need to lodge a complaint with the EEOC.

Your complaint—called a charge of discrimination—should provide as much evidence as possible of your allegations.

Once the EEOC has received your charge, it will:

  • Inform the employer that a charge has been filed
  • Ask for written responses from you and the employer
  • Investigate the evidence

If the investigation determines that your allegations have merit, the EEOC will:

  • Recommend conciliation between you and your employer
  • Launch legal action against the employer
  • Give you written permission to sue privately

Filing your charge of discrimination can be complex and time-consuming, but DoNotPay has a way to get the job done in a few clicks!

How Can DoNotPay Help With the EEOC?

DoNotPay has a product that files your charge of discrimination with the EEOC in a flash. To use it, follow these steps:

  1. Sign up with DoNotPay in your preferred web browser 
  2. Search for our Fight Workplace Discrimination product
  3. Fill in the details the chatbot asks you for

Your job is done! We file the charge with the nearest EEOC office, and they will contact you to talk you through your options.

What Other Kinds of Discrimination Should I Be Aware Of?

Racial discrimination in the hiring process may be one symptom of a more widespread discrimination issue in the company. Other examples of workplace discrimination could be apparent, based on:

You may also find examples of wage discrimination, harassment (sexual, verbal, cyber, or email harassment), or retaliation.

Any case of discrimination needs to be called out and eradicated.

DoNotPay—The Virtual Lawyer You Can Rely On

Discrimination at a workplace is a serious issue. Unfortunately, the problems sometimes escalate into full-blown hate crimes. 

DoNotPay recognizes the importance of easy and affordable access to legal help, especially for population groups that are particularly vulnerable. For that reason, our platform keeps adding various useful tools and products that ease the burden of bureaucracy for the victims. 

With your DoNotPay subscription, you can:

Our app can even help you draft various legal documents, have them notarized, and fax them to the right person—all from one place.

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