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With support for the Black Lives Matter (BLM) movement growing across the country and globe, it may come as no surprise to some that employment-based race discrimination remains a serious problem. In some workplaces, harassment and discrimination based on race has actually increased in recent months, and it is not only Black employees who suffer. A New York City race discrimination lawyer knows the gritty details that are associated and can help in the case of race discrimination in the workplace.
Race discrimination involves treating an employee or job applicant in an unfavorable manner based on his/her race, characteristics associated with a particular race, or due to the individual’s relationship with a person of a certain race. Title VII of the Civil Rights Act of 1964, and prohibits any type of race-based discrimination or harassment in the workplace. These anti-discrimination policies apply to all aspects of the employment process, including applying, hiring and firing, pay and promotions, job assignments, training, and access to employment benefits.
At Joseph & Norinsberg LLC, our highly-skilled team of NYC race discrimination attorneys have been protecting the rights of New York and New Jersey employees for decades. We have a thorough and holistic understanding of this complex and constantly-evolving area of the law, and we will ensure that you fully understand your rights and options before proceeding with any legal strategy. Contact a New York City race discrimination lawyer for a free and confidential consultation about your case.
If You Feel You Have Been Exposed to Illegal Race Discrimination in a New York City Workplace, You Are Not Alone
New York employees have rights and protections against many types of workplace discrimination, including discriminatory behavior and harassment based on race. The primary protections available to victims of this type of unlawful discrimination are offered under Title VII of the Civil Rights Act of 1964 (Title VII), and the 1981 Civil Rights Act. Section 1981 broadly applies to all private employers whereas Title VII applies to private employers with at least 15 employees.
Your NYC race discrimination lawyer will help you determine whether to file a Title VII claim or a claim under Section 1981. The primary differences between these two Acts are as follows:
- Section 1981 provides a longer window of time within which to file a claim.
- There are no caps on the damages you can recover as a plaintiff in an employment race discrimination case under Section 1981.
- Under Section 1981, you can bypass having to file an initial claim with the Equal Employment Opportunity Commission’s (EEOC’s) administrative process, which is required for Title VII claims.
Also, in addition to federal law, employees are protected under municipal and state laws, which in some cases may offer even more protection than federal law. Working with an NYC race discrimination lawyer is the best way to ensure your case is managed in the best way for your unique situation.
New York Workplace Race Discrimination Examples
Sadly, race discrimination still occurs in American workplaces with shocking frequency. Knowing how to identify, prove, and stop this type of discrimination is key to protecting your rights. Even a policy that applies to everyone can be an example of race discrimination if it negatively impacts a certain race. Some of the most common types of employment race discrimination involve:
- Racial slurs, jokes, or otherwise offense comments based on an individual’s race, perceived race, or association with someone of that race;
- Harassing someone based on race;
- Displaying symbols that are racially offensive;
- Giving specific job duties to employees of a certain race;
- Taking adverse action against a worker for his/her race;
- Asking a potential employee or current employee about his/her race;
- Requiring that employees maintain a certain look that negatively impacts those of a certain race.
In order for an act or behavior to be considered discriminatory from a legal perspective, it must create a hostile work environment or result in an adverse event, such as wrongful termination. For example, while racially-offensive jokes are covered by this law, they must be frequent or severe enough to constitute discrimination. It is never too early to speak with a New York City race discrimination lawyer to discuss your rights and protections as an employee in New York City.
What To Do If You Are Being Discriminated Against Because Of Your Race In A NYC Workplace
If you have been the victim of workplace race discrimination, you have rights. But you must be able to prove that discrimination actually occurred in order to recover damages. Although direct evidence of discrimination—such as text messages or emails—is ideal, more often than not, victims must resort to indirect evidence to substantiate their claim.
It is in your best interest to consult with an experienced race discrimination lawyer as soon as possible if you are suffering from employment harassment or discrimination based on race. Your race discrimination lawyer will thoroughly investigate the details of your case, help you gather evidence to support your claim, and position you for the most favorable outcome. At Joseph & Norinsberg LLC, our experienced race discrimination attorneys have successfully represented countless clients in race discrimination cases, and we have an impressive track record of obtaining substantial settlements.
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Frequently Asked Questions
What is disparate impact discrimination?
When a company policy applies to all employees but negatively impacts certain employees due to race, gender, religion, or another protected category, it may be considered to have disparate impact. Even when the intent is not discriminatory, the impact might be. For example, when all employees have to meet a specific strength requirement, a disproportionate number of female employees might be negatively impacted; this may indicate gender-based disparate impact discrimination.
Can an employer require me to identify my race?
Generally speaking, employers should not require a job applicant to disclose race information unless the information is necessary for a legitimate need, such as tracking for affirmative action purposes. But even in the case of a legitimate need, employers should allow the information to be reported separately and confidentially, so as not to allow race information to factor into the decision-making process.
Can I be discriminated against by someone of the same race as me?
Absolutely. If the act or behavior falls under the category of race discrimination, the fact that the perpetrator is the same race as the victim should have no bearing.
Contact A New York City Race Discrimination Lawyer Today
If you are suffering from race discrimination in the workplace, a New York City race discrimination lawyer at Joseph & Norinsberg LLC can help. We have been protecting New York and New Jersey employees for more than 75+ years. Don’t suffer in silence for another day; contact a race discrimination attorney and book a free and confidential consultation through our website today.
Having over 25 years of experience and a proven track record of success, Jon has become one of the top civil rights litigators in New York City. A true trial lawyer, he is not intimidated by the intense challenges complex civil rights and constitutional law cases present.
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Increased client’s severance for being discriminated against for their disability.
Defended 12 individuals facing discrimination and retaliation based on race and gender in the workplace.
Race discrimination case against a luxury brand in the fashion industry (confidential).
