You need to know about many legal issues when hiring employees.
For example, Title VII of the Civil Rights Act of 1964 prohibits
employment discrimination on the basis of race, color, religion,
sex or national origin. It expressly prohibits employers from
refusing to hire or discharging an employee based on a prohibited
factor. Likewise, Title VII also expressly states it is unlawful
for an employer to discriminate against any individual with respect
to his or her compensation, terms, conditions or privileges of
employment because of race, color, religion, sex or national
Despite these prohibitions, Title VII does not explicitly
mention racial harassment. Nevertheless, the U.S. Supreme Court has
recognized that the phrase "terms, conditions or privileges of
employment" allows congressional intent to strike at the entire
spectrum of disparate employment treatment, which includes
requiring people to work in discriminatory, hostile or abusive
environments. Therefore, claims alleging racial harassment are
brought under Title VII.
Who is the harasser?
When facing a claim alleging racial harassment, first determine
whether the claimant is alleging the harassment was committed by a
supervisor or co-worker. This is the threshold issue necessary to
support a defense for harassment. The facts necessary to prove
harassment committed by a supervisor differ from those necessary to
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