Preventing Workplace Race Discrimination

Racism remains a nationwide problem, and race discrimination allegations appear in many employment claims against United Educators (UE) members. K-12 schools, colleges, and universities should continue to focus on preventing workplace discrimination.  

Title VII protects employees and applicants of every race and color. The same nondiscrimination standards apply regardless of whether an individual belongs to a racial majority or minority. Although “some harm” must result from illegal discrimination, the harm “need not be significant” for a plaintiff to prevail under Title VII.  

Preventing race discrimination helps build community and reduce liability from lawsuits by employees. Creating a culture of respect that does not tolerate racism improves the atmosphere on campus and can help your institution attract and retain employees. 

Fix Policies and Procedures That Perpetuate Systemic Discrimination

The Equal Employment Opportunity Commission (EEOC) places special emphasis on combating systemic discrimination and the policies and practices that perpetuate it. Review your institution’s policies and practices with an eye for whether they involve systemic discrimination, even unwittingly.

Sometimes the discriminatory impacts of policies are obvious, but more often it takes effort and analysis to identify inequities inherent in the practices. This effort toward reducing systemic discrimination will help protect your employees and reduce institutional liability.

Some institutions assume they are immune to racism because staff have received anti-discrimination education. UE’s claims show that good intentions are not enough to prevent discrimination or to defend an institution if it occurs.  

Actual evaluation and change are necessary. Ensure policy analysis and reform experts — either external consultants or experts on your campus — conduct the analysis. Give special scrutiny to policies related to background checks, “no-fault” attendance benefits, English-only rules, and waivers that may prevent employees from filing complaints or helping the EEOC. Update policies to correct problematic areas you identify. 

Additionally, schedule regular audits of your policies prohibiting discrimination and harassment to ensure they include all protected categories and information about complaint channels. Always consider race discrimination together with discrimination or harassment based on other protected categories, as an employee may be the victim of more than one type of discrimination, bias, prejudice, or harassment. Consider including additional reporting options, such as a bias incident report system. 

Review your systems for enforcing these policies to ensure they function as designed and adequately protect your workforce. Institutions that do not consistently enforce their policies risk even greater liability if a discriminatory incident occurs. Promptly evaluate reports of discrimination, investigate as necessary, and take corrective or disciplinary action when warranted. Document all steps you take in each matter.  

Even if the behavior complained of is not illegal, corrections or consequences to employees may be necessary. For example, certain rude or insulting comments may not be illegal, but they may violate your workplace civility policies or standards. Consistently following policies and imposing appropriate consequences for violations is necessary so the policies remain effective and impactful. 

Improve Recruitment, Hiring, and Promotion Practices

The EEOC notes that a common area for systemic discrimination is in human resources practices, especially recruitment, hiring, and promotion. Improve your institution’s practices and help reduce potential liability by focusing here, beginning with recruitment. Use broad and inclusive recruiting methods to reach a range of qualified internal and external candidates. Ensure you apply recruiting, screening, interview, and selection criteria without regard to race or other protected characteristics. 

Determine appropriate interview questions and criteria for evaluation of candidates before candidate selection. These should be neutral and objective so your institution avoids evaluations based on subconscious prejudices or biases. Consider working with legal counsel to choose appropriate inquiries, especially if your analysis reveals the current questions have a biased or unfair impact. 

Use this as an opportunity to review your benefits and pay packages. Conduct a similar review of your promotion practices and adjust your performance review and promotion process as needed to ensure they are race-neutral and equitable. 

Create a Culture of Respect Through Education and Training

Culture shifts require educating employees. Train everyone on your institution’s race discrimination and harassment policy. Inform the campus community about all changes underway. 

Training also should include information about: 

• Updated policies 
• Relevant discrimination laws, including state and local laws that may impose different requirements or provide broader protection to employees  
• How to identify race discrimination and harassment 
• Steps for addressing or intervening in a harassment or discrimination situation as it unfolds 
• Your institution’s reporting options  
• Prohibitions on retaliation 

Be open to employees’ input about their experiences with discrimination. Gather this information through listening sessions, climate surveys, and anonymous reporting tools, and put a plan in place to address issues employees raise. Consider the impact of bias and systemic discrimination on your staff and offer support to affected employees. 

Getting staff buy-in will help unify your workplace and increase the likelihood that positive changes are understood and welcomed. Encourage your institution’s senior leaders to champion the anti-discrimination policies and efforts and make clear they are an institutional priority. 

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This material is presented for general informational and risk management purposes only. It should not be considered legal, coverage, or other professional advice. Readers should consult their legal counsel, broker, or other appropriate adviser regarding their specific circumstances. 

Copyright in this material is owned by United Educators (UE), a Reciprocal Risk Retention Group, unless otherwise stated. Permission to post, reproduce, distribute, share, or use this material beyond its intended audience must be obtained from UE. All rights are reserved.