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Federal Race Discrimination Law
The Civil Rights Act of 1964 expressly prohibits discrimination in employment based on race or color, unless it is done to advance a valid affirmative action plan.
To succeed in a claim of employment discrimination based on race, you do not need to prove that your race was the only factor in the employer’s decision. If you can show that it significantly influenced the decision, you can win, even if the employer had other, legitimate reasons for his or her decision.
You do not need to prove that the employer had the specific intent to discriminate. However, discrimination must be caused by an intentional act. This is a fine, but important distinction. All you need to show is that the employer’s intentional conduct had the effect of discriminating based on race, whether or not that was the employer’s motive for the conduct.
Unlike the laws prohibiting discrimination based on sex, there is no “bona fide occupational qualification” defense in these cases. It is assumed that there is no job where belonging to a particular race could disqualify an employee.
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