Racial Discrimination Law Cases.
Racial Discrimination in New York State
Have you been discriminated against at work because of your Race in New York City or in the State of New York?
Racial discrimination is adverse treatment or harassment of an employee or job applicant because of their race or skin color.
Illustrative image depicting a situation of racial discrimination in a New York City workplace.
Race discrimination in the workplace involves treating an individual job applicant or employee differently because he, she or they are of a certain race, or because the individual has personal characteristics that are associated with a racial background (for example race-linked diseases, cultural characteristics linked to race, or physical characteristics associated with race, such as skin complexion, hair texture or facial features).
In workplaces in New York City, it is actionable when an employer, employee, supervisor, or business partner treats differently or harasses an employee or applicant based on race. Racial discrimination occurs between people of the same race and people of different races. Employers cannot treat you differently if you are of a particular race, whether white, Black, Latino, Asian, Middle Eastern, or any other race.
Racial discrimination in the workplace in New York City is illegal under both federal as the Law states that it is unlawful for an employer with 15 or more employees to harass or treat an employee in any way based on race. Race is a legally protected class, similar to gender, age, disability, citizenship, military status, and pregnancy.
Evidence of racial discrimination in the workplace consists of several types, including direct evidence and policy statements. Direct proof is when an employee or applicant is told that they will not get a promotion, a job, a pay raise, or be fired because of their race. Discrimination can occur in conversations, written comments, or e-mails.
Do I Have A Racial Discrimination Claim?
Evidence of racial discrimination in the workplace consists of several types, including direct evidence and policy statements. Direct proof is when an employee or applicant is told that they will not get a promotion, a job, a pay raise, or be fired because of their race. Discrimination can occur in conversations, written comments, or e-mails.
To prove a a race discrimination case, the employee must show that the employer took an “adverse employment action” against the employee which was motivated by discrimination. Examples of this include:
- Firing, wrongful dismissal, or constructive discharge
- Demotion, transfer, or unfavorable job assignment
- Reduction in pay
- Failure to interview or hire
- Denying promotion or advancement
- Any other employment decision that materially affects the terms and conditions of employment
- Unfair Treatment
- Indirect Harassment
- Racist Jokes (whether directed to an individual or not)
- Unequal Pay
Racial discrimination in the workplace can take many forms. It can be subtle or blatant. A company policy can also serve as proof of discrimination. For example, a company policy may outline that certain heritage-based hairstyles are not acceptable.
Special New York Rules
The time limit is extended in state cases. The State of New York allows you to file a complaint with the New York Department of Human Rights (DHR) up to one year after the last incident. In New York City, you can file your lawsuit with the New York City Commission on Human Rights (CHR). Once the CHR has carried out the investigation, you can file your complaint within one year from the date of the incident.
Cases of racial discrimination in New York City can take a few months to a year or two. Once you receive the right to sue, you have three months to file a federal or state court complaint.
You may be offered the opportunity to meet with your employer or the court to resolve the case. Depending on your employer and your lawyer, you may be able to settle out of court. You can ask the court if you would like to obtain an injunction to remedy your claim.
Compensation is based on company gross profits and the discrimination action’s seriousness, and whether the company has acted similarly in the past.
If you are a victim of racial discrimination at work, you can help yourself by taking steps to create a record. Write down the incident, who was involved, where it happened, and who the witnesses were.
The following types of verbal or physical conduct can constitute harassment:
- Offensive jokes, slurs, epithets, or name calling based on race or color
- Verbal or written mockery, insults or put-downs based on race or color
- The presence of offensive objects, pictures, or graffiti in the workplace
- Physical assaults, or threats of assault because of one’s race or color
An employer is liable when a manager or supervisor engages in race discrimination. Where a co-worker engages in racial harassment, the employer is liable if it knew or should have known about the instances of discrimination and failed to take appropriate corrective action.
In addition, employers are liable for harassment by their customers or clients if they know or should have known about the harassment and fail to take action.
All workers and applicants can seek justice for discrimination shown at recruitment, dismissal, promotion, training, benefits, remuneration, and other employment aspects. If you are a victim of racial discrimination in the workplace, contact Stillman Legal, P.C. We only get paid if you get paid!
