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Most workers understand that employers cannot discriminate based on race. However, there is another, related but distinct form of discrimination that employees also experience: color discrimination. 

Under federal and Florida law, it is unlawful for employers to treat employees or job applicants unfavorably because of “color”, which means the shade or tone of their skin. This type of discrimination can occur within the same race or ethnic group as well as across different ones. 

Employers cannot use skin color as a basis for decisions about hiring, firing, promotions, pay, training, or any other condition of employment, and they cannot allow harassment in the workplace based on skin color.

Color discrimination can take many forms. For example, if two Black employees apply for a promotion, and the employer selects the lighter-skinned employee based on the belief that lighter skin will “fit in better” with clients, that is color discrimination. Another example is when an employee is mocked, insulted, or called derogatory names because of the darkness or lightness of their skin. Also, if an employee reports or opposes color-based discrimination and is then punished, demoted, or terminated, that also violates the law.

Race and color are often connected, but they are not the same. A person may face discrimination specifically because of skin tone, either lighter or darker, regardless of their race or ethnic background. Recognizing this distinction helps employees better understand their rights and helps employers recognize and correct unfair practices.

If you believe you have experienced discrimination at work because of your skin color, you have legal protections. Contact us here to schedule a consultation.

About the Author
Amanda represents employees whose workplace rights have been violated, advocating for them in both federal and state courts, arbitration, civil service hearings and mediation. She also represents workers before administrative agencies, such as the National Labor Relations Board, the Occupational Safety and Health Administration, the Equal Employment Opportunity Commission and the Florida Commission on Human Relations. Additionally, Amanda assists workers in obtaining reemployment assistance (unemployment benefits) and otherwise helps clients understand their legal rights and obligations before a dispute arises.