New York Race Discrimination Attorneys Serving Employees on Long Island
Yet racial discrimination can occur in hiring practices, promotion practices, and termination practices. When an employee believes they have been the subject of racial discrimination in the Long Island workplace, it is essential to find out more about filing a claim. Generally speaking, you may be able to file a claim under either federal or New York state law, but New York state law tends to provide broader protections to employees and to apply to more workplaces. If you need advice about filing a race discrimination claim, you should seek advice from one of our experienced racial discrimination attorneys in Long Island today.
Everyone on Long Island should be able to apply for jobs and go to work without concerns about experience discrimination on the basis of race.
What is Racial Discrimination on Long Island?
According to the U.S. Equal Employment Opportunity Commission (EEOC), race discrimination includes treating someone unfavorably because he or she is of a certain race or because of personal characteristics associated with race. The EEOC further explains that race discrimination and color discrimination are closely related, as color discrimination includes treating someone unfavorably because of skin color complexion. In some cases, race or color discrimination also involves unfavorable treatment of an employee or job applicant because that employee or applicant is married to, dating, or otherwise associated with a person of a certain race.
Long Island Race Discrimination Prohibitions Under Federal and State Law
Race or color discrimination is prohibited under federal and New York state law. The following are the applicable laws prohibiting racial discrimination in the workplace:
The EEOC enforces Title VII, while the New York State Division of Human Rights enforces the NYHRL. In addition to prohibiting discrimination on the basis of race in hiring, firing, and promotion decisions, these laws also prohibit retaliation against an employee because that employee exercised his or her rights under the law. Retaliation can take many different forms, including but not limited to:
- Terminating an employee;
- Demoting a worker;
- Refusing to continue providing benefits or privileges to a worker;
- Excessive supervision of an employee;
- Transferring an employee to an undesirable worksite or shift; or
- Engaging in acts of verbal or physical abuse against the employee.
Retaliation can affect employees who have complained about being unlawfully subjected to race discrimination, as well as employees who participate in complaint processes or investigations.
Harassment on the Basis of Race in the Long Island Workplace
Race discrimination can also take the form of harassment on the basis of race. As the EEOC explains, it’s against the law to harass a person because of that person’s race. Yet it is important to be clear about what constitutes unlawful harassment and what does not. The EEOC underscores that the law doesn’t prohibit teasing or offhand comments, but rather only says harassment is unlawful when it is so frequent or severe that it creates a hostile work environment or when it leads to an adverse employment decision.
Examples of harassment on the basis of a person’s race or color might include but are not limited to the following:
- Racial slurs;
- Offensive remarks about a person’s race; or
- Display of racially offensive symbols in the workplace.
Multiple parties can be responsible for harassment on the basis of race, including an employer, a co-worker, a vendor, a servicer, a client, and even a customer. Employers are required to have policies in place to handle racial discrimination and harassment claims that arise in the workplace, and if they do not have such policies, they may be liable for those acts of discrimination or harassment.
Racial Discrimination Does Not Have to Involve a Perpetrator of a Different Race
It is important to understand that there is no specific race requirement to have a case of unlawful race discrimination. To be clear, a person who discriminates against a person on the basis of race or color can share that racial identity with the person and still engage in an act of unlawful discrimination.
Seek Help from our Racial Discrimination Attorneys in Long Island
When you are facing race discrimination in your Long Island workplace, you need an aggressive racial discrimination attorneys in Long Island who can help you to make your workplace a safe and fair environment, and to hold the employer accountable. Contact Ricotta & Marks, P.C. as soon as possible or call us at 347-464-8694 to learn more about the services we provide to employees in New York.