A federal lawsuit was filed against the Gaston County, North Carolina, police chief, the county, and a county commissioner, alleging racial discrimination.

The plaintiffs, two captains in the county police department, claim they were denied promotions and leadership roles due to their race, violating Title VII of the Civil Rights Act of 1964.

The allegations are that the promotion eligibility requirements were changed without notice and not documented, effectively blocking the plaintiffs' advancement. Additionally, when the police chief retired, a county commissioner allegedly directed the hiring of an internal white candidate and encouraged only white captains to apply.

The position was ultimately filled by an external white candidate who did not meet state law requirements, a decision that bypassed several qualified candidates, including the female assistant chief and two black captains.

One plaintiff also alleges retaliation for advocating for equal employment opportunities, receiving written reprimands that hindered his prospects for promotion. Matthew Ablon, Anders J. Hare, Erika Williams "Lawsuit claims Gaston County Police prevented Black officers from reaching leadership positions" www.wcnc.com (Oct. 23, 2024).

Commentary and Checklist

Whether any racial discrimination occurred will be left for further litigation; however, the retaliation claim stands alone – meaning whether there is merit to the race discrimination allegations or not, the retaliation claim is not dependent on a finding of illegal discrimination.

This is because Title VII protects applicants and employees from retaliation for engaging in protected activities, including advocating for equal employment opportunities.

According to the EEOC, protected activities include:

• "Filing or being a witness in an EEO charge, complaint, investigation, or lawsuit
• Communicating with a supervisor or manager about employment discrimination, including harassment
• Answering questions during an employer investigation of alleged harassment
• Refusing to follow orders that would result in discrimination
• Resisting sexual advances, or intervening to protect others
• Requesting accommodation of a disability or for a religious practice
• Asking managers or co-workers about salary information to uncover potentially discriminatory wages."

Below are some best practices to prevent racial discrimination in hiring:

• Do not use words or phrases that signal a preference for workers who are, or are not, a certain race or color, such as "preferably [e.g., Caucasian, African-American, Asian, Hispanic, Native American]" or "[e.g., light-skinned, dark- skinned] applicants only"
• Do not state that an applicant of a certain race/color would "offend [e.g., customer, coworkers]" or would not be a good fit based on race/color
• Avoid expressing a preference for applicants who are, or are not, a certain race/color in written job advertisements, including terms such as "like us", or "reflect our customer base"
• Do not disqualify an applicant because they would "stand out" or be "too different" or would not further diversity goals because of their race or color
• Do not express a preference for applicants in terms of race/color. For example, do not state that the position is a "diversity hire" or that the applicant should be "non-[e.g., Caucasian, African-American, Asian, Hispanic, Native American]
• Never describe positions in terms that refer to race- or color-related stereotypes or characteristics.
• Ensure that applicants of different races/colors are considered in the same manner as all other workers are considered
• When discussing applicants, do not use words or phrases referring to the applicant's race/color or race- or color-related stereotypes
• Do not include questions about race/color in interview questionnaires or applications
• Provide race/color discrimination prevention training for all employees, particularly those involved in the hiring process