Discrimination does not need to be conspicuous or overt to be against the law. Subtle yet systematic forms of discrimination can exist, too. Racial profiling and testing bias target and disqualify people through an unfair system or process.
The Justice Department sued the city of South Bend, Indiana, on October 11, 2024. In the lawsuit, they say the South Bend Police Department (SBPD) uses written tests to keep out Black applicants and physical tests to keep out female applicants.
Civil Rights Division investigation
The lawsuit stemmed from the Civil Rights Division’s investigation of SBPD’s hiring practices in 2021. The division found that the department’s hiring tests didn’t really check whether applicants were ready for the job but somehow kept out Black and female applicants much more often.
Your rights under Title VII
Title VII of the Civil Rights Act of 1964 is a fundamental federal law shielding workers from workplace bias. Here are the primary rights and shields under this Act:
- Illegal discrimination: Employers cannot mistreat workers or job seekers based on race, color, faith, sex (including pregnancy, whom you like, gender) or where you are from.
- Work practices: Title VII covers all parts of work, like hiring, firing, moving up, pay, job tasks, training, perks and any other work terms.
- Bullying: It is against the law to bully a worker because of their race, color, faith, sex or where they’re from. Bullying can include mean words, threats or any acts that make work feel unsafe.
- Defense against retaliation: Employers cannot retaliate against workers who report bias, help investigate bias or confront unfair acts.
- Fair changes: Employers must make fair changes to workers’ faith practices unless it is too hard on the business.
- Legal help: Workers who think they have faced discrimination can file a claim with the Equal Employment Opportunity Commission (EEOC) and sue in federal court.
These protections help ensure that work is fair for all workers. If you have faced bias at work or when applying for a job, consider talking to a lawyer to determine if you have a valid discrimination case.