Race discrimination can destroy the morale of affected employees and toxify the entire workplace culture if unaddressed. Though race discrimination is incredibly harmful, like other types of workplace harassment, it can be difficult to prove.
The award-winning employment law team at Joseph & Norinsberg can help you prove race discrimination at work and get justice for the suffering you’ve experienced. Contact us online or call 212-227-5700 today for a free consultation.
What is Race Discrimination at Work?
Race discrimination involves the unequal or unfavorable treatment of workers based on their race or perceived race. Race discrimination can arise directly from employment actions like hiring or promoting a less-qualified candidate of a different race or paying someone less than other coworkers. It can also be part of a toxic work environment, such as the use of offensive slurs or stereotypes.
Discrimination based on race is illegal under federal, state, and local laws, such as Title VII of the Civil Rights Act and the New York State Human Rights Law.
Legal Standards for Proving Race Discrimination
To prove race discrimination at work, you must establish that you were treated unfairly because of your race, skin color, or disability. Such unfair treatment can include unjustified firings, workplace harassment, favorable treatment for coworkers of other races, and more.
It’s important to show that your race was the key factor in your treatment, eliminating any other factors or circumstances that could explain your experiences. You can also argue that you were indirectly discriminated against through policies or decisions that created disparate outcomes between you and coworkers of other races.
Steps to Prove Race Discrimination at Work
Document Specific Incidents
Taking detailed notes after each discriminatory incident can create significant evidence to corroborate your claims. Be sure to include thorough details, such as where, when, and on what day the incident occurred and who was involved.
Collect Evidence
Gather and save any written communications, emails, meeting notes, company policies, performance reviews, or any other documents relating to the discriminatory actions.
Identify Patterns
Comparing your notes to the experiences of co-workers can create circumstantial evidence for your racial discrimination claims. If other employees of certain races were consistently passed over for promotions in favor of others, you could argue that the company has a pattern of discriminatory practices.
If your employer publishes diversity statistics, you might be able to analyze the data and find patterns that can back up your claims.
Consult Witnesses
If your coworkers were present during incidents of discrimination or had their own experiences, be sure to ask them to provide witness testimony. Their support will add credibility and establish that the conduct was open and noticed by others.
Report Discrimination Internally
Once you’ve gathered enough evidence, speak with an HR representative about your experiences. While reporting the discrimination internally might not solve the problem and may lead to retaliation, it will create a paper trail that will strengthen your claims later. If the company fails to resolve the issue independently, it will appear more at fault to outside investigators.
File a Formal Complaint with the EEOC
When all else fails, it’s time to file a formal complaint with a government agency. 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.
In contrast, the New York State Division of Human Rights has a three-year statute of limitations for race discrimination claims. The New York City Commission on Human Rights handles local complaints but only allows one year for claims other than gender-based harassment.
Common Challenges in Proving Race Discrimination
Proving race discrimination at work can be difficult when direct evidence is scarce. It’s not common for employers to leave written records of clearly discriminatory actions or statements. This can give companies plausible deniability to dismiss allegations of discrimination, claiming other factors besides race contributed to their supervisors’ decisions or behavior. Backing up your claims with thorough notes, relevant documents, and witness testimony can help you pierce these defenses.
An employer willing to tolerate or engage in race discrimination might also be willing to retaliate against a worker for reporting it. Retaliation is illegal under state and federal laws, so it’s important to understand your rights and how to fight back. If you’re experiencing retaliation or have questions about your rights as a worker, our employment law attorneys can help.
Benefits of Seeking Legal Help
A knowledgeable lawyer is invaluable to those experiencing racial discrimination at work. If you believe you have a claim, you should seek legal help immediately. Your attorney can investigate, gather evidence, build an airtight case, and navigate the process of successfully filing a formal complaint. We’ll represent you during any negotiations, hearings, and court proceedings regarding your claims and fight for the justice you deserve.
Our team has over 75 years of combined experience in employment law and has secured millions of dollars in case results for workers like you. In a notable example, Joseph & Norinsberg discrimination attorney Diego Barros helped win $1.35 million for 12 clients who faced race and gender-based discrimination and retaliation in the workplace.
Client Testimonials
Our highly skilled employment attorneys believe in going the extra mile to win justice for our clients, who often give glowing reviews of our services. The following are some examples:
"Very attentive and responsive firm. Their attention to detail and knowledge of discrimination is very assuring. Recommend highly."
“Attorney Bennitta Joseph is simply an angel in disguise. Most lawyers are in the business to make money - - Bennitta is a true fighter for those who have been wronged; goes the extra mile and demands justice FIRST for her clients. My flux of questions were never left unanswered, and she never waivers during tough moments throughout a case. I pray to never be in this situation again, but in the event that I am, Bennitta will be the (only) Attorney I will work with; proud to be a client of Joseph & Norinsberg.”
Contact Joseph & Norinsberg For Your Employment Law Cases
If you’re experiencing discrimination at work, our attorneys are ready to work relentlessly to get you justice. When other law firms are at the end of their rope, we tie a knot and keep fighting. Call us today at 212-227-5700 to schedule a free consultation.
