New York City Racial Discrimination Attorney

Race-based or racial discrimination is illegal under federal, state and New York City laws. Race discrimination comes in many forms, some are subtle, while others are blatantly apparent. Some examples of racial discrimination in the workplace include:

  • Being subjected to ethnic slurs
  • Refusing to consider some employees for promotions based on race
  • Racially insensitive or ethnic jokes
  • Refusing to hire someone based on his or her ethnicity or race
  • Making offensive comments based on race
  • Offering a lower rate of pay or inferior terms of employment based on race
  • Denying training and promotional opportunities

New York and New Jersey are “at will” employment states; however, this does not excuse racial discrimination. Without a contract, an employer or employee is free to terminate an employee “at will” for almost any reason. This right does not include adverse race-based decisions in the workplace. Employers are not permitted to take any adverse actions against an employee, including demotions and wrongful terminations, based on ethnicity, race, or national origin.

If you believe you are the victim of racial discrimination in the workplace, you need to immediately contact a New York employment discrimination attorney at Lipsky Lowe. We believe that racial discrimination has no place in a workplace setting. We fight to protect employees who have been unfairly treated in the workplace because of their race, national origin, or ethnicity.

Identifying racial discrimination:

Recognizing racial discrimination can be difficult, especially when disguised as cultural differences or personal biases. Be alert to these red flags:

  • Consistent negative feedback or criticism based on stereotypes or assumptions about your race or ethnicity.
  • Exclusion from meetings, social events, or important projects.
  • Difficulty getting promoted or receiving raises despite strong qualifications.
  • Uncomfortable jokes, comments, or offensive behavior directed at your race or ethnicity.
  • Witnessing similar discriminatory treatment towards other employees of color.

Disparate Impact Discrimination

When an individual or group of employees of one race are subject to a rule or practice of an employer that results in different treatment than employees of another race, this is referred to as disparate impact discrimination. Employers who adopt practices, rules, or policies that have no reasonable justification could be guilty of disparate impact race discrimination if the policies result in an employee being subject to discrimination.

Examples of disparate impact discrimination, include educational and testing requirements, and height and weight restrictions, and appearance standards for hiring or promotion that have no valid relation to the job being performed and adversely impact a minority group. Conversely, private affirmative action plans that go beyond government requirements can result in reverse discrimination.

Racial Discrimination in the Workplace is Illegal

Title VII of the Civil Rights Act of 1964 (Title VII) makes it illegal to discriminate based on, among other things, color, national origin, or race. This federal law applies to employers with 15 or more employees. However, in addition to federal law, there are several New York and New Jersey state laws that also prohibit employment discrimination. The New York State Human Rights Law and the New York City Human Rights Law apply to business with four or more employees and the owner counts towards that four employee threshold, while the New Jersey’s Law Against Discrimination applies to all employers no matter how small.

The threshold for proving race discrimination under the New York City Human Rights Law is markedly lower than under federal and New York State law: the burden is to show only that your race was a not factor in any employment decision.

What Should I Do If I Am the Victim of Race Discrimination in the Workplace?

Client discussing discrimination case with employment attorney

Racial discrimination in the workplace can cause emotional suffering, mental anguish, and financial hardships for victims and their families. If you are a victim of racial discrimination, you should Contact our office today to speak with one of our experienced New York employment attorneys at Lipsky Lowe. We will fight for your rights.

  1. Document everything: Keep a detailed record of dates, times, witnesses, and specific incidents of discrimination.
  2. Report the discrimination: Inform your manager, supervisor, or Human Resources department in writing.
  3. File a complaint: You can file a complaint with the New York State Division of Human Rights (DHR) or the New York City Commission on Human Rights (NYCCHR).
  4. Seek legal counsel: An experienced employment attorney can guide you through the legal process and advocate for your rights.

Where and when you choose to file your workplace discrimination claim is very important. An attorney with experience in employment law and racial discrimination cases can determine if you should immediately move forward with a lawsuit. Our experienced employment attorneys will analyze all of the factors in your case and advise you on the best course of action.

Benefits of seeking legal assistance:

  • Advice and guidance: An attorney can assess your case, determine the best legal strategy, and represent you before the DHR, NYCCHR, or even in court.
  • Increased chances of success: With legal representation, you have a higher chance of obtaining a favorable outcome, including financial compensation, reinstatement to your job, or changes to discriminatory policies.
  • Protection from retaliation: Your employer cannot retaliate against you for filing a complaint or seeking legal help.

Contact an NYC Racial Discrimination Lawyer

Remember, you are not alone. There are resources available to support you and help you fight against racial discrimination in the workplace. The first step is to contact an employment law attorney at Lipsky Lowe and share your story with someone who can help you fight for your right to work in a workplace free of racial discrimination.