Every employee has the legal right to work in an environment free from racism and any other type of mistreatment. Racial discrimination in the workplace occurs when an employee or job applicant receives mistreatment because of their race or association with someone of a particular racial background. Every employee, regardless of race, deserves safety and mental well-being.
Learn how to recognize various forms of racial discrimination and follow steps on how to deal with racism in the workplace. If you have experienced discrimination, our New York employment lawyers at Joseph & Norinsberg can assist you in fighting for your rights.
Recognize the Signs of Workplace Racism
Racial discrimination in the workplace can take many forms. Some behaviors may not be immediately apparent or obvious.
Common types of racially discriminatory behavior include the following:
- Discrimination in hiring, pay, or promotion on the basis of an employee’s race or perceived race
- Verbal abuse
- Racial slurs
- Derogatory comments
- Other harassment based on race
- Displaying racially offensive symbols
- Consistently making offensive remarks or jokes about an employee’s race or color
- Giving specific job duties to employees of a certain race
- Taking adverse action against a worker based on race
- Asking potential or current employees about their race
More subtle signs of racial discrimination may involve situations when people of a particular race are consistently being denied certain work benefits or being excluded from training and other opportunities for advancement.
Microaggression is another form of workplace racial discrimination that may be difficult to call out and prove. It refers to small, insensitive comments or behaviors that reflect an unconscious racial prejudice and ultimately create a hostile work environment. One example would be questioning an individual’s qualifications and competence due to their race or country of origin.
Unfortunately, workplace racial discrimination is often hard to prove without direct evidence. Furthermore, federal law does not protect employees against offhand comments or isolated incidents. Establishing a discriminatory act or behavior is illegal requires proof that it created a hostile work environment or resulted in an adverse employment action, such as wrongful termination.
Know Your Legal Rights Against Workplace Racism
Workers are legally protected from racial discrimination by several state and federal laws.
Federal Laws
Title VII of the Civil Rights Act of 1964 prohibits most employers from employment discrimination based on an individual’s race, color, religion, sex, or national origin. These protections cover any aspect of employment, including applications, hiring and firing, pay and promotions, project assignments, training, access to employment benefits, and any other terms or conditions of employment.
New York State and Local Laws
The New York State Human Rights Law, or NYSHR, and the New York City Human Rights Law, or NYCHRL, ban employers from hiring, firing, or otherwise discriminating against applicants or employees based on race, color, religion, sex, national origin, and other protected characteristics.
New York state and local laws offer broader protections against workplace discrimination than federal laws. Notably, New York anti-discrimination laws cover smaller employers that may fall outside the scope of federal statutes. While Title VII of the Civil Rights Act applies only to employers with 15 or more employees, New York laws cover employers with as few as four employees.
Furthermore, the NYCHRL law does not cap damages, attorney’s fees, or civil penalties, which are limited under Title VII and the NYSHR. This provides employees facing racial discrimination with more options to seek justice and hold employers accountable.
What Steps To Take if You Experience Racism at Work
Follow the steps below to build a strong legal claim:
Document the Incident
Keep a written record of the racial discrimination incidents you have encountered at work to build evidence supporting your claims. Describe the incidents in detail, including the date, time, location, and individuals involved.
Also include contact information for any eyewitnesses who were present. Witness statements will add credibility and establish that the discrimination was open and noticed by others. Additionally, you should save any written communications, e-mails, meeting notes, company policies, and performance reviews relating to the discriminatory incidents.
Speak Up, If Safe
After gathering evidence to support your claims, consider addressing the person directly or speaking to a manager about the racial discrimination you have experienced. Uniting with co-workers who have faced similar experiences and raising your concerns collectively can amplify your voice. Always prioritize your mental well-being and personal safety when deciding whether to speak up, especially if there is a risk of retaliation.
Report to HR
The documentation and evidence you have collected will also be critical if you decide to submit a complaint to your HR department. You should request a written confirmation that your complaint has been received and documented to ensure a paper trail. While it may result in office tension, it is illegal for your employer to retaliate against you for reporting race discrimination.
Contact a Union Representative, If Applicable
If you are part of a labor union, your representative can also assist you in filing a grievance against your employer and advocate for your rights on your behalf. They can also provide emotional support and advice during this stressful process.
Consult a Discrimination Lawyer
If your internal complaint is subsequently ignored or mishandled, consult with an experienced discrimination lawyer to explore other options and legal remedies. Joseph & Norinsberg offers free consultations and contingency-based representation, so you don’t pay unless we win your case.
File a Complaint
If your attempts to resolve the incident internally reach a dead end, consider filing a complaint with a government agency. In New York City, you can pursue a complaint at the federal, state, or local level.
The U.S. Equal Employment Opportunity Commission handles complaints under federal law and requires victims to file within 180 to 300 days of the incident.
The New York State Division of Human Rights has a three-year statute of limitations for race discrimination claims. Meanwhile, the New York City Commission on Human Rights handles local complaints but only allows one year for claims other than gender-based harassment.
How To Prevent Racism in the Workplace Moving Forward
Both employees and employers play significant roles in ensuring the workplace is free from racism.
Employees might consider building a support network of trusted colleagues or joining employee-led resource groups to strengthen your connections at work. Participating in diversity initiatives at work is another way to foster solidarity among team members. Be sure to stay informed about the various laws protecting employees from racism. Knowledge is power and will help you appropriately spot and respond to unlawful workplace discrimination if it occurs.
Employers must implement anti-discrimination policies that explicitly define unacceptable racist behavior and outline the consequences for any violations. Moreover, providing regular anti-racist educational training programs can help address any unconscious racial bias that management and staff may have. Investing in leadership and team-building activities is another way to foster mutual respect and camaraderie among employees. All these proactive efforts will help reduce the risk of racism occurring in the workplace.
Take Action – Get the Legal Help You Deserve
If you have observed or experienced racism in the workplace, do not ignore the mistreatment or suffer in silence. Taking action helps not only you but also other colleagues who may be facing similar challenges.
With over 100 years of combined experience, the seasoned team of attorneys at Joseph & Norinsberg is committed to protecting mistreated employees. We have a long track record of success in helping clients seek compensation and combat workplace discrimination. In one notable case, Joseph & Norinsberg attorney Diego Barros helped win $1.35 million for 12 clients who faced racial and gender-based discrimination and retaliation in the workplace.
As Dr. Martin Luther King, Jr. famously noted, “Injustice anywhere is a threat to justice everywhere.” Our firm has taken those words to heart and made it our mission to fight relentlessly to protect the rights of mistreated employees.
Contact our legal team today for trusted legal support in your fight against workplace racism. We proudly offer legal services in both English and Spanish.
