Legal Definitions - racial discrimination

Racial discrimination occurs when an individual or group is treated unfairly or less favorably than others because of their race, color, ancestry, or national origin. This unequal treatment can manifest in various forms, including actions, policies, or practices, and can occur in areas such as employment, housing, education, and public services. It involves making distinctions that disadvantage people based on their racial identity, rather than their individual merits or qualifications.

• Example 1: Employment

  Imagine a highly qualified candidate, Ms. Anya Sharma, applies for a senior management position. She has an impressive resume, extensive experience, and performs exceptionally well in her interviews. However, the hiring manager, who has previously expressed a preference for candidates of a different racial background, decides to hire a less experienced candidate of that preferred background, despite Ms. Sharma's superior qualifications. The reason for not hiring Ms. Sharma was subtly, or even overtly, linked to her race.

  This scenario illustrates racial discrimination because Ms. Sharma was denied an employment opportunity not based on her skills or experience, but because of her racial identity, leading to unequal treatment in the hiring process.

• Example 2: Housing

  Consider a situation where a landlord owns several apartment buildings. When Mr. Jamal Williams, who is Black, inquires about an available apartment advertised online, the landlord tells him there are no units available and quickly ends the conversation. However, an hour later, Ms. Emily White, who is White, calls about the same apartment and is immediately offered a viewing and an application. The landlord consistently applies this practice, making it more difficult for individuals of certain racial backgrounds to rent properties.

  This demonstrates racial discrimination because the landlord is treating prospective tenants differently based on their race, denying Mr. Williams the opportunity to rent an apartment that was, in fact, available, solely due to his racial background.

• Example 3: Public Services

  A family, the Garcias, who are Hispanic, visit a local government office to apply for a permit. Despite arriving early and waiting patiently, they are repeatedly bypassed by staff who serve other applicants who arrived later but are not Hispanic. When they finally get attention, the staff member is curt, unhelpful, and provides incomplete information, unlike the courteous and thorough service given to other patrons.

  This is an example of racial discrimination because the Garcias received inferior and unequal service from a public institution based on their race, resulting in a disadvantage compared to other citizens seeking the same service.