Racial Discrimination Attorneys in Long Island, NY

Examples of Racial Discrimination

Race discrimination can also manifest as harassment based on race. As the EEOC explains, it’s against the law to harass a person because of their race. It is crucial to understand what constitutes unlawful harassment. The EEOC emphasizes that the law does not prohibit teasing or offhand comments, but harassment becomes unlawful when frequent or severe enough to create a hostile work environment or lead 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:

• Unequal treatment in hiring or promotions: A qualified candidate is passed over for a job or advancement due to their race, while less-qualified individuals of another race are hired or promoted.
• Discriminatory job assignments: Employees of certain races being consistently assigned to less favorable duties or departments.
• Racial slurs or harassment: Co-workers or supervisors making racist jokes, using offensive language, or displaying racially insensitive images or symbols.
• Disciplinary disparities: Employees of one race being disciplined more harshly than others for similar conduct.
• Retaliation for reporting discrimination: Employees who speak up about racial discrimination face demotion, reassignment, or termination as punishment.
• Hostile work environment: A pattern of offensive racial conduct that forms an intimidating, hostile, or abusive workplace.

Multiple parties can be responsible for harassment based on race, including an employer, a co-worker, a vendor, a service provider, a client, and even a customer. Employers must have policies in place to address racial discrimination and harassment claims. Without such policies, they may be liable for acts of discrimination or harassment.

Recognizing Discrimination Among Same-Race Individuals

It is important to understand that no specific race requirement exists for unlawful race discrimination. Someone who discriminates on the basis of race or color can share that racial identity with the victim. Implementing effective policies that prevent and address workplace harassment requires ongoing training and a clear, accessible reporting mechanism. Workshops and seminars can help recognize subtle forms of harassment and empower employees to speak up. Additionally, employers must remain diligent in enforcing anti-harassment policies and addressing incidents swiftly to maintain a respectful and inclusive work environment.

What Proof Do I Need in a Racial Discrimination Case?

Different forms of evidence can support your case:

• Direct Evidence: This includes explicit statements or documents showing your employer's racially motivated actions. Examples include an email stating that a candidate wasn't hired due to their race or a manager openly expressing racial bias. Direct evidence is rare but powerful.
• Circumstantial Evidence: Most racial discrimination cases are proven through circumstantial evidence, which involves showing a pattern of behavior that supports an inference of discrimination. For instance, if a company consistently refuses to hire people of a certain race or promotes less-qualified employees of another race, this may support your claim.
• Comparative Evidence: This involves comparing how similarly situated employees of different races were treated. If you were disciplined for a minor infraction while others of a different race were not, it could point to discriminatory practices.
• Documentation and Records: Performance evaluations, disciplinary records, emails, HR complaints, and employment policies can all help establish the facts of your case.
• Witness Testimony: Statements from co-workers, former employees, or others who have observed discriminatory actions or have experienced similar treatment can be critical to strengthening your claim.
• Filing a Complaint: Before filing a lawsuit, you must typically file a discrimination charge with the U.S. Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights (DHR). These agencies will investigate your case and could issue a right-to-sue letter, which allows you to proceed with a legal claim in court.

FAQs

How quickly should I file a racial discrimination claim?

Deadlines for discrimination claims depend on the agency. You generally have up to one year to file with the New York State Division of Human Rights or 300 days with the EEOC. Acting sooner helps preserve evidence and strengthens your case.

Can I report racial discrimination if I am still employed?

You can file a complaint while still working for your employer. Many employees report discrimination before leaving their jobs. The law protects you from retaliation for making a complaint.

What agencies handle racial discrimination complaints in Long Island?

The Equal Employment Opportunity Commission and the New York State Division of Human Rights both investigate racial discrimination claims from Long Island. These agencies review complaints, investigate facts, and help resolve workplace issues.