Colorism, discrimination based on skin tone, remains a concern in workplaces. In California, a state known for its progressive laws, the question arises: Is colorism illegal in the workplace? To address this, it is important to explore the legal protections available for employees against such discrimination.
Legal protections against discrimination
California’s Fair Employment and Housing Act (FEHA) offers strong legal protections against race and color discrimination. These protections apply to both private and public employers, from prestigious companies to smaller businesses. FEHA requires employers to maintain a workplace free from discrimination, harassment, and retaliation, including color-based discrimination, which is a form of racial bias.
Under these laws, colorism falls under the broader category of racial discrimination. If an employee experiences discriminatory practices based on their skin tone, they can file a complaint with the California Department of Fair Employment and Housing (DFEH), which investigates such claims.
Workplace implications and challenges
Despite the protections, colorism can be difficult to identify and prove, especially when it appears as unconscious bias or microaggressions. Employees might feel they are treated unfairly based on their skin tone, but they may struggle to provide evidence. This issue can be more challenging in elite industries where biases are often subtle.
Employees should document incidents of color-based discrimination. This documentation can help when reporting the issue to Human Resources or when pursuing legal action. Employers should also implement training to increase awareness and foster inclusivity, which can help reduce unconscious biases.
Family and legal considerations
Experiencing colorism at work may affect personal matters, such as types of custody or a custody agreement. Bias in the workplace can influence how some perceive others in legal situations. Employees should be aware of both the professional and personal implications of discrimination to maintain a fair approach in both contexts.
Colorism in the workplace requires awareness and action. While legal protections exist, the subtle nature of discrimination makes it difficult to address. Employees should document incidents and consult an attorney to explore options. They can work toward creating fairer environments both at work and in personal matters.