- Demographic Reports
According to the Equal Employment Opportunity Commission (EEOC), which falls under the purview of the U.S. Department of Justice, Hispanic workforce participation rates increased from 2.5% to 13.9% between 1966 and 2013.
Despite this increase, as many as one-quarter of Hispanic workers have experienced workplace discrimination in the past year, 61% of whom said the discrimination was based on their race or ethnicity.
In this guide, we’ll cover your workplace rights as a Hispanic American, examples of discrimination on the job, what you should do if you experience workplace discrimination, and resources that can help you learn more.
Hispanic American Workplace Rights
Immigration attorney Elizabeth Ricci of Rambana Ricci, PLLC explains that “employers are required to comply with state and federal laws so as not to discriminate based on race/national origin.”
Below, we’ll take a closer look at these protections.
Title VII of the Civil Rights Act of 1964
From a federal perspective, employers with 15 or more employees must abide by Title VII of the Civil Rights Act of 1964, which makes it illegal to treat an employee unfavorably because of their race, color, or national origin, or because of race-based characteristics like hair texture, complexion, or certain facial features.
Discrimination can also occur when treating someone differently because of their spouse’s race, even if the offending party is of the same race or color.
Title VII doesn’t just apply to the hiring and firing processes, either, as the law also extends protection concerning:
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Job advertisements;
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Recruitment;
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Testing;
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Application;
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Background checks;
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Job referrals;
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Job assignments and promotions;
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Transfer, layoff, or recall;
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Employee classification;
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Pay and benefits;
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Retirement plans and leave;
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Use of company facilities;
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Discipline;
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Employment references;
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Reasonable accommodation and disability;
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Reasonable accommodation and religion;
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Training and apprenticeship programs;
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Harassment;
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Terms and conditions of employment;
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Pre-employment inquiries;
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Dress code;
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Other terms and conditions of employment.
Title VII also protects employees from retaliation for filing a claim regarding discrimination in the workplace.
State-Level Protections Against Workplace Racial Discrimination
Almost all states have laws in place that provide similar protections against race-based workplace discrimination.
However, this isn’t always the case. For example, Alabama doesn’t have a statute protecting workers from race discrimination, which means that employees who experience it must file a claim under federal versus state law.
Examples of Discrimination Against Hispanic Americans in the Workplace
Any time an employer refuses to hire an individual, excludes them, or imposes conditions based upon race, ethnicity, or national origin, they violate federal (and often state) laws.
Let’s quickly go over some examples of workplace discrimination against Hispanic Americans.
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Asking About Citizenship Status
Elizabeth explains that “employers commonly believe that employees who have an accent, a Hispanic name, or do not “look American” are not eligible to work.” Therefore, they might ask questions like, “are you a U.S. citizen?” which is prohibited under federal law.
However, job applications are allowed to inquire whether or not a prospective employee is authorized to work in the U.S., as long as they don’t reference citizenship.
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Setting Unrelated Requirements
Employers cannot set hiring requirements that are not required to do the work.
For example, if a company is looking to hire an entry-level warehouse worker, they can’t require employees (whether prospective or actively hired) to pass a written English proficiency test.
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Paying Hispanic Employees Less Than Other Employees
While pay differences between employees are a normal part of most jobs, it’s illegal for employers to reimburse employees differently due to race, ethnicity, or national origin. They also can’t assign all employees of one race to a specific work area or promote or demote employees because of their race.
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Making Fun of an Employee’s Accent
Good-natured teasing of an employee about their accent can be acceptable if the positive feeling is mutual. However, regularly making fun of an employee’s accent could be grounds for a lawsuit based on anti-discrimination laws.
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Promoting Only Certain Employees Based on Their Race
Deciding not to promote an employee because they’re Hispanic is clearly a violation of Title VII. However, the opposite is also true: promoting a Hispanic employee based only on their race or national origin while passing over other equally eligible employees of different races is equally illegal.
What Should Hispanic Americans Do When Experiencing Workplace Discrimination?
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Stand Up for Your Rights
If you feel that your employer has discriminated against you because of your race, color, or national origin, you must work as your own advocate.
In this respect, the American Civil Liberties Union (ACLU) recommends that you start by gathering documents to support your claim, including copies of emails, text messages, and application forms. Don’t forget to reach out to any individuals who may have seen the discrimination occur, as their eyewitness testimony could prove invaluable.
The ACLU also recommends writing down the timeline of events, along with all relevant facts to support your claim.
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Inform Your Employer
Once you have all the information in hand, you’ll need to notify your employer about the intentional discrimination that took place, including dates, times, and any employees involved, including witnesses.
If possible, you can also identify other employees of a different race, ethnicity, or national origin who were treated better or differently under similar circumstances. Or, you can single out actions that simply don’t make sense in the absence of discrimination against you as a Hispanic American.
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File a Report with the EEOC
The next step is to file a complaint (along with any supporting documents), formally known as a “Charge of Discrimination,” with the EEOC. By doing this, you’ll also open up the possibility of filing a discrimination lawsuit against your employer.
And time is of the essence: while you might have up to 300 days to file a charge, a state or local anti-discrimination law also covers your complaint; this drops to 180 days otherwise. If you’re a federal employee, you have only 45 days.
Note: Along these same lines, if a federal government employer discriminates against you, the complaint filing process is different from what’s outlined below. For more information, read an Overview Of Federal Sector EEO Complaint Process.
When filing a complaint against a non-federal employer, you can do so online using the EEOC’s Public Portal, in-person at their office, or by mail. You can also call the EEOC to discuss your situation and learn more, but you can’t file a charge by phone.
Within ten days of filing your complaint, the EEOC will notify the employer of the charge. They’ll also request that all parties involved participate in their mediation program to help work out their own solutions.
If mediation doesn’t solve the issue, the EEOC will launch a formal investigation into your complaint at no cost to you. The goal is to determine if a “pattern or practice” of employment discrimination exists.
From there, the EEOC can take up to 180 days to resolve your charge. If they’re unable, they’ll issue you a Notice of Right to Sue, which gives you the right to file a lawsuit in court.
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File a Lawsuit
After receiving a Notice of Right to Sue, you may consider filing a lawsuit in state or federal court and seeking a jury trial, which could result in monetary damages for you.
Businesses could be on the hook for many thousands in back pay, front pay, or pay raises if found guilty of intentional discrimination depending on the number of employees. They could also have to pay compensatory and punitive damages up to:
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15-100 employees: $50,000;
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101-200 employees: $100,000;
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201-500 employees: $200,000;
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500+ employees: $300,000.
If found guilty of discrimination against you as a Hispanic American, an employer may also be required to rehire you and reinstate you in the position you would have been in if the discrimination had never happened.
Depending on the situation, you may also be entitled to be promoted or reassigned and require that the employer changes its policies.
Finally, the employer could be debarred or removed from consideration for future federal contracts or have their existing contracts canceled.
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Report Retaliation
Suppose your employer takes retaliatory actions against you after learning about your complaint or lawsuit. In that case, it’s essential that you immediately report the situation to the EEOC to update your complaint or your legal team to amend your case.
How Can Companies Avoid Workplace Discrimination Against Hispanic Americans?
By law, businesses are required to avoid discriminatory conduct in the workplace. However, every organization is different, so there isn’t a one-size-fits-all solution that will apply across the board.
With this said, here are some actionable tips for avoiding workplace discrimination, whether against Hispanic Americans or any other group of employees.
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Maintain Respect and Professionalism
Cultural and racial differences exist in the workplace, so it’s essential to acknowledge and respect them.
This includes maintaining professional conduct and speech, such as refusing to participate in racial or other types of discrimination and avoiding race or culturally-based humor. A good rule of thumb is that if you’re in doubt about whether or not something is appropriate, leave it out of the workplace.
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Write Down Your Policies, Rules, and Procedures
Make sure that you don’t just establish clear rules and procedures about discrimination—you’ll also need to write them down (in an employee handbook, for example).
You must ensure that everyone in the company has access to it and has taken the opportunity to read through it. Then, employees must follow the guidelines found in the manual and act responsibly.
But don’t stop there: you’ll also need to establish a consistent process for resolving discrimination issues as they arise.
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Get the Human Resources Department On Board
Elizabeth points out that HR officials should be versed in their state’s anti-discrimination laws, as well as federal laws. “They should know what questions they may and may not ask” during the interview and hiring process, she says.
For example, instead of asking, “are you a U.S. citizen?”, which is not permissible, the company representative can ask, “are you authorized to work?”
“Then, upon completion of Form I-9 (and upon E-verify enrollment if the employer is required to participate in E-verify), documents will be requested that show the candidate’s identity and lawful presence,” she explains.
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Attend Workplace Discrimination Training
Training sessions can help employees better understand their legal rights and responsibilities, what workplace discrimination looks like, and how to avoid it. These sessions can also present ideal opportunities for team-building exercises that help everyone interact and understand each other better.
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Proactively Report On-the-Job Discrimination
The faster you can address instances of workplace discrimination against Hispanic Americans or other employees, the better. This is why it’s vital to proactively report incidents to Human Resources, your supervisor or manager, or even a union representative, if applicable.
What Does a Hispanic American-Friendly Workplace Look Like?
Employing a racially diverse workforce can result in many benefits, including higher revenue, bigger profits, higher-performing teams, better decision-making, and improved team collaboration.
It can also signify the company’s commitment to creating an inclusive culture, so this might be one of the first things you’ll want to look for when seeking out Hispanic American-friendly workplaces.
You can take it one step further by learning about any racial and ethnic diversity initiatives the company has in place, such as organized training, recognition of employees who actively promote ethnic diversity in the workplace, community outreach programs, or formal policies in place to prevent and handle instances of racial (and other forms of) discrimination.
Interview Tips for Hispanic Americans Workers
First and foremost, Elizabeth emphasizes that “Hispanics should go into interviews knowing that their nationality and immigration status cannot be asked about.” Asking questions that can reveal your race or national origin is strictly off-limits.
Tal Shelef, a co-founder of CondoWizard.ca, adds that you shouldn’t be put off if the interviewer appears impersonal.
“Recruiters that don’t inquire about your past, family, children, or religious affiliation aren’t being impolite,” he explains, “and it doesn’t indicate they don’t like you as a candidate.” Instead, “these sorts of private interview questions are illegal in the United States.”
Although antithetical to some Hispanic cultures, you’ll also want to maintain eye contact during interviews, present an air of confidence, and quickly but thoroughly answer questions.
It’s also a good idea to research the company in advance. Sites like Glassdoor.com can give you a better idea of what you can expect to earn, as well as provide employee reviews to help you better understand what you might experience if you’re hired. Doing this can also help you formulate a couple of insightful questions to ask during your interview.
Hispanic American Workplace Resources
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Equal Employment Opportunity Commission (EEOC) — The EEOC “works to stop and remedy racial barriers to equal employment opportunity such as hiring discrimination and harassment.” They have a vigorous Hispanic outreach program. Their Facts About Race/Color Discrimination page is an especially handy resource.
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Congressional Hispanic Caucus Institute (CHCI) — Since 1978, CHCI’s goal has been to discuss issues facing the Hispanic community and educate, empower, and connect professionals.
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The Society for Human Resource Management (SHRM) — The organization’s goal is to create “better workplaces where employers and employees thrive together,” including tackling challenging issues facing Hispanics.
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Hispanic Alliance for Career Enhancement (HACE) — Among other things, HACE aims to provide “Latino professionals the insight, access, and support to be successful in their careers.
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Minority Business Development Agency — A division of the U.S. Department of Commerce that’s “dedicated to the growth and global competitiveness of minority business enterprises.”
- Demographic Reports