New Yorkers experiencing workplace racial discrimination can sue their employers thanks to federal, state, and local workers’ rights protections. However, with multiple different laws impacting workers in New York, there may be some procedural requirements, filing deadlines, or preferred legal pathways depending on your situation.
Table of Contents
- What Qualifies as Racial Discrimination at Work?
- When Can You Sue for Racial Discrimination?
- What Laws Protect Employees in New York?
- Do You Have to File With the EEOC First?
- What Is the Deadline to Sue for Racial Discrimination in New York?
- What Evidence Is Needed to Prove Workplace Racial Discrimination?
- How a New York Racial Discrimination Lawyer Can Help
- Take Action Now to Protect Your Rights Under New York Law
What Qualifies as Racial Discrimination at Work?
Racial discrimination at work involves any unfair or unequal treatment of employees or applicants based on their race or skin color. Race discrimination can take many forms and occur in several different aspects of employment, including hiring, firing, layoffs, promotions, pay, scheduling, responsibilities, opportunities, and more.
Some examples of racial discrimination in the workplace include:
- Passing over a candidate for a promotion in favor of a less-qualified employee of a different race
- Paying coworkers of a certain race less than others
Toxic work environments where slurs, offensive jokes, and stereotyping are tolerated, or complaints go unaddressed
When Can You Sue for Racial Discrimination?
While racial discrimination in the workplace is against federal, state, and local laws, it can be difficult to prove in many circumstances. If you have encountered some type of negative or unequal treatment at work, such as an unjust firing, workplace harassment, or pay discrepancies, you may have a valid claim if you can show that you were treated differently because of your race.
What Laws Protect Employees in New York?
New York workers are protected from racial discrimination by federal, state, and local laws:
Federal Law – Title VII of the Civil Rights Act
Title VII of the Civil Rights Act of 1964 protects most employees at the federal level by prohibiting employment discrimination based on characteristics like race, color, national origin, sex, and religion. However, Title VII only applies to employers with 15 or more workers.
To make a racial discrimination claim under Title VII, you can file a complaint with the U.S. Equal Employment Opportunity Commission, or EEOC.
New York State Human Rights Law
The New York State Human Rights Law, or NYSHRL, generally provides broader protections to workers than federal law does. In contrast with Title VII, the NYSHRL applies to nearly every employer in New York.
It also has a lower burden of proof than Title VII for harassment claims based on toxic work environments. The federal law requires the harassment to be “severe or pervasive” to be legally actionable. Conversely, under the NYSHRL, harassment is actionable if it rises above a “petty slight or trivial inconvenience.”
New York City Human Rights Law
The New York City Human Rights Law, or NYCHRL, is one of the country’s most employee-friendly laws, expanding on the broad protections and standards of the state law to more workers. Under the NYCHRL, independent contractors and freelancers have protection against workplace discrimination, regardless of their employment status.
Do You Have to File With the EEOC First?
In general, before you can file a racial discrimination lawsuit under federal law, you must first file a complaint with the EEOC and obtain a “Right to Sue” letter. You also have the option of filing an administrative complaint with the New York Division of Human Rights or the NYC Commission on Human Rights. However, the NYSHRL and NYCHRL allow you to file suit in state court without first filing an administrative complaint.
Regardless of legal requirements, it may be in your best interest to file an administrative complaint before pursuing a racial discrimination lawsuit. The agency’s investigation may uncover valuable information to put you in a better position. A knowledgeable and experienced employment lawyer can review the circumstances of your case and determine the best option for you.
What Is the Deadline to Sue for Racial Discrimination in New York?
The filing deadline for racial discrimination claims in New York varies based on jurisdiction and whether you’re pursuing an administrative complaint or a lawsuit:
- Under federal law, you have 180 days following a discriminatory incident to file a claim with the EEOC, but the deadline is extended to 300 days if a state or local agency enforces a law that prohibits employment discrimination on the same basis. Thus, New Yorkers generally have 300 days to file an EEOC complaint.
- The deadline to file a racial discrimination complaint with the NYC CHR is one year.
- You have up to three years to file a complaint with the New York DHR or file a lawsuit in state court.
You can typically file a complaint with both the EEOC and New York DHR at the same time, allowing them to handle your case together rather than separately. However, the same is not true for the New York City CHR, which does not accept complaints if a different agency is already investigating the same offense.
What Evidence Is Needed to Prove Workplace Racial Discrimination?
To prove racial discrimination in the workplace, you must establish that your race was the main reason you were treated unequally to others, whether it’s the result of slanted policies or personal bias.
Types of evidence that can help prove race discrimination include the following:
- Detailed notes of your personal experiences, including what happened, where, when, and who was involved
- Written communications with your employer, supervisor, or coworkers
- Witness accounts from coworkers
- Company policy manuals
- Documentation of violations
- Performance reviews indicating bias
- Diversity statistics or other information indicating patterns of discrimination against certain races
Direct evidence or full admissions of racial discrimination are rare, but thankfully, they are not required to legally prove your claims. Our attorneys can help you gather evidence and build a strong case.
How a New York Racial Discrimination Lawyer Can Help
The right New York racial discrimination lawyer can thoroughly investigate the circumstances of your case, navigate your claim through the complicated legal process, and work tirelessly to get you the justice you deserve.
At Joseph & Norinsberg, our seasoned employment lawyers are passionate about representing the underdog. Our team has more than 75 years of collective experience fighting and winning for New Yorkers experiencing workplace discrimination, harassment, and other labor violations across every borough.
With our extensive knowledge of employment law and depth of experience, our lawyers understand how to find key evidence and build a strong case to prove racial discrimination. We’ll fight relentlessly to protect your rights and hold your employer accountable.
Take Action Now to Protect Your Rights Under New York Law
If you believe you’ve experienced racial discrimination at work, don’t suffer in silence for another day. Our trusted employment law attorneys are ready to help you pursue a lawsuit and get the justice you deserve.
Contact us online or call 212-227-5700 today for a free consultation.
