Race Discrimination Attorneys
It is against the law for employers in New York City and all over the United States to discriminate against employees or job applicants due to their race. If you or your loved one has suffered this kind of discrimination in the workplace, read to find out how race discrimination attorneys can help.
But first things first, what is race discrimination?
Race Discrimination Definition
Race discrimination refers to a situation where one party mistreats the other because of their race. This article focuses primarily on racial discrimination in the workplace in New York City.
Identifying Race Discrimination
This type of discrimination occurs in different environments. For example, in the workplace, it could pass as a joke about someone’s race or something as direct as an insult. Here is an example of racial discrimination in the workplace.
You apply for a job and pass the interview. However, on your first day of the job, your supervisor asks you to work at the back of the store because some clients are not comfortable interacting with African Americans. This is case of racial discrimination and a violation of human rights and employment laws in New York City.
Here’s a real-life example of a racial discrimination incident that happened in New York back in 2016:
The Equal Employment Opportunity Commission filed a lawsuit against CCC Group, alleging that the company violated federal law by fostering a work environment filled with racism. The lawsuit cited various racist comments and discriminatory work conditions at the company’s construction site in Ravena, New York.
According to the EEOC, White supervisors made racist comments to Black employees, including over the company radio. After hearing the case, the jury awarded the plaintiff $420,000 as settlement.
Workers’ Rights and Protections Against Racial Discrimination in New York City
Whether you are a worker or job seeker, New York City laws protect you from certain activities of an existing or potential employer. Here is everything you need to know.
Your employer cannot retaliate against you if you complain about race discrimination in the workplace. The same also applies if you witness race discrimination, file a complaint against the employer, and/or decide to testify on behalf of the victim.
In addition, your employer cannot retaliate against you even if there was no discrimination. You have the right and freedom to report a race discrimination incident as long as you act in good faith and have a reasonable belief that the incident qualifies as racial discrimination.
How to Prove Race Discrimination in the Workplace in New York City
You can take several steps to prove race discrimination, whether you are a victim or a witness. Here are some tips to guide you.
Document the Incident
If possible, write down the details of the incident and remember to include the following:
- Time and date of the incident
- Details of the incident
- Specific actions or words said by the other party
- Details of any witnesses, if available
Keep Up the Good Job
Some employers might want to retaliate against you by blaming poor performance at work. So make sure you document your performance, including copies of your reviews, feedback, memos, or anything that proves you are doing a great job. Doing so limits the chances of the employer looking for an excuse to justify their action. For example, they cannot claim that you were lazy when you have evidence to prove your brilliant performance.
Seek Help and Support
Being racially discriminated against is a difficult thing to deal with emotionally. Consider talking to a therapist, counselor, friend, family, or anyone you are comfortable enough to discuss the matter with.
File a Report
Make sure your supervisor and the H.R. manager (if applicable) know about the incident. Remember to notify them in writing and keep a copy of the notification. This prevents them from claiming a lack of knowledge of the incident.
Follow Your Employer’s Policy
Most employers in New York have employee handbooks detailing what to do when facing such a situation. Make sure you follow your employer’s guide if it exists.
Do not delete text messages, emails, or any other forms of communication between you and your employer, supervisor, or any other party responsible for the racial discrimination. Your attorney will need this information when building a case against the other party.
Racial Discrimination Claims Process Explained
The exact claims process usually depends on how and where you wish to file your claim. You have three options to consider in this situation.
Firstly, you can file with the U.S. Equal Employment Opportunity Commission. This commission handles federal law violations.
Secondly, you can also file with the New York State Division of Human Rights. This option suits complaint regarding NYSHRL violations.
The last option is to file with the New York City Commission on Human Rights if you would like to report CHRL violations.
Some racial discrimination incidents in the workplace could violate both city, state, and federal laws. In that case, you may file one complaint but address it to other related agencies. , you do not need to file separate complaints with each agency. Instead, you only need to file one complaint and request your claim be ‘cross-filed’ with other agencies.
How to Choose the Best Race Discrimination Lawyer for Your Claim
Filing a race discrimination complaint is never easy, especially without a lawyer. For example, these claims are time-sensitive. The deadline for filing a claim with the federal government is not the same as that of the state or city of New York. The same applies to the filing requirements.
This is why an attorney can help. However, although there are many race discrimination lawyers in New York, not every attorney you come across fits this role. You need to consider some important factors when looking for the right race discrimination attorney to fight for your rights.
Examples of these factors include:
- How fast do they respond to your questions or concerns
- Their level of experience
- Whether they are licensed to operate in New York City
- How familiar they are with race discrimination lawsuits
- Whether they practice anything else other than employment law in New York
- How long your case could take
How R&M Can Help
If you or your loved one has experienced racial discrimination in the workplace, you need to contact Ricotta & Marks P.C. as soon as possible. Our race discrimination attorneys will review your case and then advise you on how to proceed with it.
At R&M, fighting for worker’s rights in New York City is all we do. With a combined experience spanning more than two decades, we are the go-to employment law firm in Queens, Long Island City, Carle Place, Astoria, Bronx, Flushing, Jamaica, NY, Great Neck, Brooklyn, Nassau County, Suffolk County, and the surrounding areas.
Race discrimination in the workplace, or anywhere else for that matter, should not be tolerated. If this is what you or your loved one is dealing with, call us at 347-960-4383 to talk to one of our representatives. You may also contact us online to schedule a consultation with one of our seasoned race discrimination attorneys. We will get in touch with you within 24 hours.