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WorkRights public legal education

Race Discrimination at Work

Race discrimination is about an employment decision or workplace treatment that is connected to race—not simply a workplace that feels unfair.

Race discrimination is about an employment decision or workplace treatment that is connected to race—not simply a workplace that feels unfair.

A worker may notice that discipline is harsher, promotions disappear, assignments change, pay differs, or a termination explanation does not match how similarly situated employees were treated. Those facts can matter, but they need context.

Identify the decision

Start with the specific action: hiring, promotion, pay, discipline, schedule, assignment, layoff selection, termination, or another material change. Who recommended it? Who approved it? What reason was given at the time?

Look for evidence of connection

Relevant evidence may include racial comments, slurs, coded language, inconsistent enforcement, comparator treatment, departures from policy, changing explanations, statistical or pattern evidence, and proof that the decision-maker knew the facts being compared.

A comparator is useful only if the similarities and differences are honestly described. Job, supervisor, misconduct, qualifications, timing, and decision-maker can all matter.

Separate harassment from a discrete decision

A racial slur or repeated racist comments may raise a harassment question even if no formal employment decision followed. A firing or promotion denial may raise a disparate-treatment question even without overt slurs. The same case can involve both.

Preserve the record

Keep the decision notice, performance history, relevant policies, job postings, complaint records, messages, witness information, and lawful records showing how the employer described the reason for the decision.