On February 28, 2007 the Equal Employment Opportunity Commission (“EEOC”) launched its new E-Race (″Eradicating Racism and Colorism from Employment″) Initiative. E-Race uses new strategies to target racism and colorism in the twenty-first century.

E-Race is intended to combat the apparent rise of race-based and color-based discrimination in the American workplace. The EEOC has historically received its largest percentage of claims from individuals who allege race discrimination, racial harassment, and retaliation based on opposition to race discrimination. The percentage of race discrimination based charges has been on the rise in recent years. The EEOC has witnessed new forms of workplace discrimination with the increase in interracial marriages and immigration. At the same time, the EEOC has seen a the resurrection of overt discrimination in the workplace, including the distribution of KKK propaganda and the hanging of nooses.

The EEOC’s E-Race efforts are not limited to overt discrimination, but also extend to new technology, coupled with old biases, that have adverse effects on applicants of color. On this front, the EEOC notes that many twenty-first century employers use information such as arrest records, personality tests, and/or credit scores in the employment decision-making process, and that these factors tend to negatively affect applicants of color. Additionally, the EEOC wants to prevent the adverse impact that the use of emerging technology has on persons of color, who disproportionately do not have access to broadband technology and other mechanisms that employers frequently use to collect job applications.

The EEOC plans to utilize E-Race to eradicate discriminatory employment practices through its administrative and litigation procedures. Additionally, the EEOC will implement training and outreach initiatives to help employers foster new programs to combat discrimination. During the next 30 days, the EEOC will issue guidance outlining specific steps that should be taken to address race or color-based bias in the workplace.