Protecting Employees Against Racial Discrimination.
Race discrimination occurs when your employer treats you unfairly based upon your race or color. The Minnesota Department of Human Rights (the MHRA) explains that an employer engages in race discrimination when:
- An employer refuses to hire or to maintain a system of employment which unreasonably excludes a person seeking employment; or
- An employer discharges an employee; or
- Discriminates against a person with respect to hiring, tenure, compensation, terms, upgrading, conditions, facilities, or privileges of employment based on a person’s race or color.
Regrettably, race discrimination still happens in today’s workplace. According to the Equal Employment Opportunity Commission race discrimination accounted for over 28% of the charges filed in 2022.
Although many times racial discrimination is not blatant, both state and federal law protect against discriminatory treatment even if it is subtle or motivated by stereotypes. The Minnesota Supreme Court has even specifically ruled that discrimination on the basis of “race association” is a form of race discrimination. The Minnesota Supreme Court made clear that the Minnesota Human Rights Act (MHRA) prohibits discrimination against a person not only because of that person’s race, but also because of the race of another individual, such as a spouse or child. Race discrimination also includes unfair treatment based upon characteristics unique to your race such as skin color or pigmentation, hair texture, or facial features.
It may be difficult to determine whether you have been discriminated against because of your race or color. Some indications include how others outside of your race are treated, whether comments have been made based on race or color, and how the company’s policies are applied to employees of differing races and the race of the decision maker.