Discrimination

Which law prohibits racial discrimination in the workplace: A plain-English guide to Title VII, Section 1981, federal contractor rules, state protections, and how to enforce your rights

Which law prohibits racial discrimination in the workplace: A plain-English guide to Title VII, Section 1981, federal contractor rules, state protections, and how to enforce your rights

Which law prohibits racial discrimination in the workplace? This guide explains Title VII and related federal and state protections, how to spot disparate treatment and disparate impact, file EEOC complaints, document harassment, and seek remedies. Learn deadlines, contractor rules under Executive Order 11246, practical red flags to document, and next steps to protect your rights.

Estimated reading time: 14 minutes

Key Takeaways

  • The primary federal law that prohibits racial discrimination in the workplace is Title VII of the Civil Rights Act of 1964, which bans race and color bias in hiring, firing, pay, promotions, and all terms and conditions of employment.

  • Other federal protections also apply: 42 U.S.C. § 1981 prohibits race discrimination in contracts (including employment), and federal law outlaws both intentional discrimination and policies that cause a disparate impact on workers of a particular race.

  • Harassment based on race or color is illegal when it is severe or pervasive enough to create a hostile work environment; racial slurs, derogatory remarks, and racist symbols can violate the law.

  • Federal contractors and subcontractors must comply with Executive Order 11246, which requires nondiscrimination and affirmative action on the basis of race, color, religion, sex, and national origin.

  • State and local laws often go further than federal law; for example, New York protects a broad list of “protected classes” and offers additional remedies and procedures.

  • If you experience race discrimination, you can file a charge with the EEOC or a state fair-employment agency, typically within 180 or 300 days; strong documentation, timely filing, and legal guidance are critical.

Table of Contents

  • Which law prohibits racial discrimination in the workplace?

  • Other federal anti-discrimination laws that protect against race bias

  • What counts as racial discrimination or harassment?

  • Who is covered and which employers must comply?

  • Special rules for federal contractors and grantees

  • State and city laws that go beyond federal baselines

  • How race and national origin intersect

  • How to prove race discrimination: disparate treatment vs. disparate impact

  • How to enforce your rights: EEOC, state agencies, and deadlines

  • Remedies and damages available

  • Practical examples and red flags to document

  • Conclusion

  • FAQ

Which law prohibits racial discrimination in the workplace?

If you are wondering which law prohibits racial discrimination in the workplace, the short answer is Title VII of the Civil Rights Act of 1964. Title VII is the cornerstone of U.S. employment discrimination law and makes it unlawful for employers to discriminate because of an employee’s race or color in hiring, firing, pay, training, promotions, job assignments, and other conditions of employment. As a widely cited summary explains, the main federal law prohibiting race discrimination in employment is Title VII of the Civil Rights Act of 1964.

Multiple trusted overviews confirm the same core rule: Title VII makes it illegal to discriminate on the basis of race, color, religion, national origin, or sex. Federal agencies also emphasize that Title VII, as amended, protects both employees and job applicants from workplace discrimination based on these protected traits.

If you want a deeper primer on how these protections work day to day, our plain-English guide to racial discrimination in the workplace explains how to spot unlawful conduct, preserve evidence, and start a claim.

Other federal anti-discrimination laws that protect against race bias

Title VII is not the only federal protection. Another powerful statute, 42 U.S.C. § 1981, prohibits race discrimination in contracts, which includes at-will employment relationships. That means Section 1981 claims can be brought for racial bias in hiring, termination, and other job decisions, sometimes offering different advantages than Title VII (such as different limitations periods and damages) depending on the facts.

Additionally, U.S. employment law outlaws both intentional discrimination and policies that disadvantage people of a particular race even without explicit intent. In other words, federal anti-discrimination law reaches not only overtly racist choices but also neutral practices that produce a disparate impact on workers because of their race or color, unless the employer can justify those practices under recognized legal standards.

Federal law also recognizes that “race” and “color” are distinct protections. The Equal Employment Opportunity Commission explains that it is unlawful to harass someone because of their race or color, and that harassment can include racial slurs, offensive or derogatory remarks, or the display of racist symbols—conduct that can create a hostile work environment when severe or pervasive.

Finally, other federal statutes work alongside Title VII. A helpful EEOC fact sheet lists the key laws enforced by the agency—Title VII, the Equal Pay Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, and the Civil Rights Act of 1991—which together form the broader anti-discrimination framework in U.S. workplaces.

What counts as racial discrimination or harassment?

Racial discrimination is any adverse employment action or unequal treatment because of race or color. This includes refusing to hire a qualified Black applicant, disciplining employees of one race more harshly than others for the same conduct, steering employees into lower-paying positions because of race, or paying workers of one race less than others in the same role.

Harassment is a form of discrimination. According to the EEOC, it is unlawful to harass a person because of that person’s race or color. Harassment can include racial slurs, offensive or derogatory remarks about a person’s race or the person’s characteristics associated with race, and the display of racially offensive symbols. While isolated offhand comments may not be illegal, harassment becomes unlawful when it is severe or pervasive enough to create a hostile or abusive work environment or when it results in an adverse employment decision.

Want a step-by-step playbook on documenting and reporting this conduct? See our detailed guide on how to report workplace discrimination effectively and our resource on workplace harassment legal support.

Who is covered and which employers must comply?

Title VII generally applies to private and public employers with 15 or more employees, labor organizations, and employment agencies. Employees and job applicants are protected from race and color discrimination. Certain other federal laws, like 42 U.S.C. § 1981, apply broadly to contractual relationships and can cover smaller employers or circumstances outside Title VII’s scope.

In practice, most medium and large employers are subject to Title VII, and many smaller workplaces are covered by overlapping federal, state, or local laws. Public sector employees (federal, state, and local) also have protections, though procedures can differ. For example, agencies reiterate that Title VII, as amended, protects employees and job applicants from discrimination based on race, color, religion, sex, and national origin in the federal sector as well.

Special rules for federal contractors and grantees

Federal contractors and subcontractors have additional responsibilities. Executive Order 11246 requires covered federal contractors and subcontractors to refrain from discrimination based on race, color, religion, sex, or national origin and to take affirmative action to ensure equal employment opportunity. Universities and agencies reinforce that Executive Order 11246, as amended, prohibits employment discrimination by covered federal contractors on these protected grounds.

The U.S. Department of Labor likewise explains that Executive Order 11246 prohibits covered federal contractors and subcontractors from discriminating on the basis of race, color, religion, sex, or national origin and requires affirmative steps to foster equal opportunity. These obligations are enforced primarily by the Office of Federal Contract Compliance Programs (OFCCP), which can audit, require corrective action, or pursue debarment for noncompliance.

State and city laws that go beyond federal baselines

Many states and cities add protections beyond federal law, covering smaller employers, expanding protected categories, lengthening filing deadlines, or increasing damages. For instance, the New York State Attorney General outlines a broad set of protected classes in employment, including race, color, creed, and more, reflecting how states can tailor additional rights and remedies.

Some jurisdictions also explicitly address forms of race-related bias in grooming or appearance policies. For insights on these newer protections, see our primer on hairstyle discrimination at work and CROWN Act protections, which explains how hair-based policies can mask race discrimination and what you can do to challenge them.

To understand federal, state, and local overlap in plain language, review our comprehensive overview of workplace discrimination laws and your rights.

How race and national origin intersect

Race and national origin protections often overlap. Federal law prohibits discrimination based on national origin, race, color, religion, disability, sex, and familial status in various contexts. In the workplace, this means an employer may not treat someone unfavorably because they are from a particular country or part of the world, because of their ethnicity or accent, or because they appear to be of a certain ethnic background—even if the perception is wrong.

This overlap matters in real workplaces. For example, a manager’s hostility toward an employee’s accent may be national-origin discrimination; hostility tied to ethnic stereotypes may be race or color discrimination. If the behavior targets both, claims can be pursued under multiple theories. If you are unsure which category applies, our guide on workplace rights and discrimination claims breaks down how these protections interact.

How to prove race discrimination: disparate treatment vs. disparate impact

Disparate treatment (intentional bias)

Disparate treatment happens when an employer treats someone worse because of race or color. Evidence can include discriminatory remarks by decision-makers, inconsistent explanations, different treatment of similarly situated coworkers, statistically skewed outcomes, or documents showing bias. A direct racial slur tied to discipline or termination is powerful proof. But many cases are proved with circumstantial evidence: timing, shifting reasons, and a pattern of unequal treatment.

Disparate impact (neutral policy with unequal effects)

Disparate impact involves neutral policies that disproportionately harm Black, Latino, Asian, Indigenous, or other racial groups—without a legitimate business necessity or when less-discriminatory alternatives exist. Federal overviews confirm it is illegal under U.S. law to discriminate “either intentionally or through a disparate impact” on account of race. Examples include screening tests not tied to job performance or blanket background-check rules that disproportionately exclude certain racial groups without a validated need.

For help evaluating your facts, use our practical checklist in how to determine if you have a valid discrimination case.

How to enforce your rights: EEOC, state agencies, and deadlines

Most Title VII claims start by filing a charge with the U.S. Equal Employment Opportunity Commission (EEOC) or a state or local fair-employment agency. The standard filing window is 180 days from the discriminatory act, extended to 300 days if a state or local agency enforces a law prohibiting the same type of discrimination. After the agency investigates, you may receive a Right-to-Sue notice, which opens a limited time to file a lawsuit in court.

For a quick, step-by-step walkthrough, see our explainer on how to file a discrimination complaint. If you are ready to act, our guide to filing a complaint with the EEOC covers online, mail, and in-person options, evidence tips, and the investigation and mediation process.

The EEOC enforces multiple federal laws, including Title VII, the Equal Pay Act, ADEA, ADA, GINA, and provisions of the Civil Rights Act of 1991. State or local agencies may offer additional filing routes or deadlines. You can also consult our resource on the workplace discrimination claim process for timelines, evidence checklists, and what to expect at each stage.

Remedies and damages available

Federal law allows a range of remedies to make you whole. Depending on the case, you may recover back pay, front pay (future lost wages), reinstatement, compensatory damages for emotional harm, punitive damages for especially egregious conduct (subject to statutory caps under Title VII), and attorney’s fees. Injunctive relief—like policy changes, training, or reassignments—may also be ordered to prevent future violations.

The exact recovery depends on the facts, the size of the employer, and whether your claim is under Title VII, Section 1981, or state law. For plain-English explanations, see our overview of employee rights and discrimination lawsuits and our guide to potential outcomes of a workplace discrimination lawsuit.

Practical examples and red flags to document

Hiring and promotion

Examples include declining to interview qualified candidates because of their name or presumed ethnicity, applying stricter standards to applicants of one race, or overlooking equally qualified employees of color for promotions. If you were passed over for a promotion due to race, gather job postings, performance reviews, selection criteria, and emails or notes that show how the decision was made.

Multiple legal summaries reiterate that Title VII bars race discrimination in hiring, firing, promotion, and other employment processes. Section 1981 is another route for race-based contract discrimination in hiring or promotion decisions.

Discipline and termination

Watch for patterns: employees of one race receiving write-ups for conduct others routinely get away with; sudden performance criticism after months or years of strong reviews; pretextual justifications that shift over time. If you believe you faced wrongful termination due to race, preserve termination letters, policies, HR notes, and comparison data on how similar cases were handled.

Hostile work environment

Racial slurs, offensive memes, graffiti, jokes, or threats can create a racially hostile environment, especially if repeated or unaddressed by management. The EEOC states plainly that it is unlawful to harass someone because of their race or color, and harassment can include slurs and derogatory remarks. Keep contemporaneous notes, screenshots, and witness names. Our guide to what counts as a hostile work environment explains where the legal line is and how to preserve proof safely.

Policies with unequal effects

Facially neutral practices—like certain tests, height/weight requirements, or categorical background-check exclusions—may disproportionately exclude certain racial or ethnic groups. Federal overviews make clear that discrimination can be either intentional or the result of a disparate impact. If your workplace uses such a policy, document its criteria and outcomes and ask whether it was validated for business necessity and whether less-discriminatory alternatives were considered.

Grooming and appearance

Policies targeting natural hairstyles or cultural dress may constitute race or national-origin discrimination. Many states and cities have adopted CROWN Act protections addressing hair-based bias. Learn how to challenge these rules in our guide to hairstyle discrimination at work.

Reporting and documenting

No matter the scenario, documentation is key. Save emails, texts, chat messages, performance reviews, scheduling records, and witness information. Put your complaint in writing, follow internal procedures, and keep copies. Then take timely external steps. Our resources on reporting discrimination and filing a discrimination complaint provide a useful roadmap.

Conclusion

To recap: Title VII of the Civil Rights Act of 1964 is the primary federal law that prohibits racial discrimination in the workplace, and it works alongside Section 1981 and state and local laws. These laws ban intentional discrimination, prohibit practices with unjustified disparate impacts, and outlaw race-based harassment. Federal contractors have extra obligations under Executive Order 11246. State and local rules can add protections, extend deadlines, and increase remedies. If you’ve experienced race discrimination, act promptly—document what happened, use internal and agency processes, and consider getting legal guidance to protect your rights and deadlines.

Need help now? Get a free and instant case evaluation by US Employment Lawyers. See if your case qualifies within 30-seconds at https://usemploymentlawyers.com.

FAQ

What is the main law that prohibits racial discrimination at work?

Title VII of the Civil Rights Act of 1964 is the primary federal law banning racial and color discrimination in employment, confirmed by multiple legal summaries and legislative overviews. It covers all phases of employment, from hiring to termination, and applies to most employers.

Does the law also ban race-based harassment?

Yes. The EEOC explains it is unlawful to harass someone because of race or color, including racial slurs, derogatory remarks, or the display of racist symbols. When such conduct is severe or pervasive, it can create a hostile work environment in violation of Title VII.

What if my employer says a policy is neutral but it hurts one racial group more?

Federal anti-discrimination law prohibits both intentional discrimination and policies that cause a disparate impact based on race, unless the employer proves business necessity and no less-discriminatory alternatives. This principle is recognized in national employment-law overviews and is a frequent basis for challenging biased screening or selection practices.

Do federal contractors have additional duties?

Yes. Executive Order 11246 requires covered federal contractors and subcontractors to avoid discrimination and take affirmative action regarding race, color, religion, sex, and national origin. Federal agencies and the Department of Labor outline these obligations and the consequences for noncompliance.

Do state laws provide extra protections beyond Title VII?

Often, yes. Many states and cities expand the list of protected categories, cover smaller employers, and provide different deadlines and remedies. For example, New York identifies a broad set of protected classes—including race and color—under its employment discrimination laws. If you are pursuing a claim, check both federal and state options to protect your rights.

Sources cited or referenced in this article include authoritative summaries confirming that the main federal law prohibiting race discrimination at work is Title VII, and that Title VII makes it illegal to discriminate based on race or color in all employment processes. Federal agencies underscore that Title VII protects employees and job applicants. Executive Order 11246 applies to covered federal contractors. Federal laws also protect against discrimination based on national origin, race, color, and other traits, and the EEOC enforces multiple laws, including Title VII. Overviews further clarify that U.S. law prohibits race discrimination both intentionally and through policies that have a disparate impact.

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From confusion to clarity — we’re here to guide you, support you, and fight for your rights. Get clear answers, fast action, and real support when you need it most.

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