Facebook, Twitter, LinkedIn, YouTube, RSS, EmailFacebookTwitterLinkedInYoutubeRSS News FeedEmail

News

Interracial Marriage Discrimination

by The Human Equation, Inc. on 5/22/2008
Facebook, Twitter, LinkedIn, Google+, YouTube, RSS Facebook Twitter Linkedin Google+ YouTube RSS

One of my employees, a white man, has been harassed and threatened with termination by his supervisor because he is married to an African-American woman. Should I be concerned about potential liability under Title VII of the Civil Rights Act?

Yes. Title VII of the Civil Rights Act of 1964 (Title VII), which generally applies to employers with 15 or more employees, makes it unlawful to discriminate against an individual because of such individual's race. Some courts have held that in cases involving interracial marriages, Title VII does not provide any protection because the alleged discrimination is not based on the individual's own race but on the race of such individual's spouse. However, other courts have rejected such a restrictive reading of Title VII, reasoning that, in such cases, the employee suffers discrimination because of the employee's own race. Had the employee been of the same race as his or her spouse, the reasoning continues, his or her marriage would not have been interracial, and, presumably, the employee would not have been subject to discrimination based on race. Noting that Title VII generally proscribes race-conscious discriminatory practices, one federal appellate court stated that "where a plaintiff claims discrimination based upon an interracial marriage or association, he alleges, by definition, that he has been discriminated against because of his race."

Although not all jurisdictions have adopted this position, it would be prudent for every employer to prohibit discrimination against employees for involvement in interracial relationships. Also, given the disparities among jurisdictions on this issue, employers should seek the advice of their local counsel should the matter arise.

Comments

10/27/2011 11:44:23 AM #

Pingback from selvaganesh.allergiesaid.com

Interracial discrimination | Selvaganesh

selvaganesh.allergiesaid.com | Reply

Add comment

biuquote
  • Comment
  • Preview
Loading



  privacy policy
The Human Equation's newsletters and publications are intended as an information source for the clients and friends of the firm. Their content should not be construed as legal advice, and readers should not act upon the information in these publications without professional guidance. Please note that newsletters and publications that are archived by The Human Equation are not updated after initial publication and may not contain the most current information available.

Refer to friendRefer to friend

Permission to ReprintPermission to Reprint

Contact a Subject Matter ExpertContact an Expert

Subscribe to Our NewsletterSubscribe to Our Newsletter

Tags

© 2019 - The Human Equation, Inc. All rights reserved. - Privacy Policy - Disclaimer -
Follow us on Facebook.comFollow us on Twitter.comFollow us on Linkedin.comFollow us on YouTube.comSubscribe to our RSS FeedSend us an email
Subscribe to our newsletter
900 South Pine Island Road, Suite 300 - Plantation, FL 33324 - Phone: 800-521-9667 / 954-382-0030 - Fax: 954-382-2810