In addition to discrimination based directly on race or color, Title VII prohibits employment decisions based on stereotypes or assumptions about abilities, traits or the performance of individuals of certain racial groups. Title VII prohibits both intentional discrimination and neutral job policies that disproportionately exclude minorities and that are not job related.

Title VII prohibits discrimination on the basis of immutable characteristics associated with race, such as skin color, hair texture or certain facial features, even though not all members of the same race share the same characteristic. Title VII also prohibits discrimination on the basis of a condition that predominantly affects one race, unless the practice is job related and consistent with business necessity.

Minority employees cannot be segregated by physically isolating them from other employees or from customer contact. It also is illegal to exclude minorities from certain positions, or to group or categorize employees or jobs so that certain jobs are generally held by minorities.

Coding applications or resumes to indicate an applicant’s race can be evidence of discrimination if minorities are excluded from employment or from certain positions. Also, requesting information that discloses or tends to indicate an applicant’s race suggests that race will be unlawfully used in hiring decisions. 

EEOC Facts about Race/Color Discrimination