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Racial Discrimination

New York City Race Discrimination Attorneys

Don't Let the Injustice of Racial Discrimination Stand - Call (212) 295-5828!

Under both state and federal laws, racial discrimination is illegal in the workplace. Though racial discrimination is often overt, it can sometimes be subtle. If you are subjected to racial discrimination in the workplace, know that you have rights and that our racial discrimination lawyers in New York City are here to fight for them.

Contact our office today by calling (212) 295-5828 to arrange a consultation with our NYC race discrimination attorneys.

Why You Should Take Action Against Racial Discrimination in NYC

Racial discrimination can have a serious impact on your life, both personally and professionally. It can lead to lost opportunities, decreased morale, and even physical and emotional harm. That's why it's important to take action if you believe you've been the victim of racial discrimination in the workplace.

At Brown Kwon & Lam, our New York City racial discrimination attorneys have the experience and expertise to help you pursue justice and protect your rights. We understand the complexities of employment discrimination cases and can help you navigate the legal process with confidence.

Don't let racial discrimination go unaddressed. Take action today and let us help you fight for justice and fairness in your workplace.

Forms of Racial Discrimination in the Workplace

Race discrimination happens in the workplace when an employer makes employment decisions based on race instead of the employee’s skills, experience, or performance. It can also happen inadvertently when a preexisting employment policy negatively impacts certain groups over others.

Forms of racial discrimination in the workplace may include:

  • Ethnic and racial slurs
  • Not granting an employee a promotion or raise due to race
  • Racially insensitive jokes
  • Refusing to hire someone based solely on ethnicity or race
  • Making offensive comments or gestures based on race
  • Offering a lower rate of pay or lesser terms of employment and benefits because of the employee’s race
  • Denying training and promotional opportunities
  • Employment policies that disproportionately impact certain groups of employees over others based on race

Racial discrimination can take many different forms in the workplace, some of which may be more subtle or difficult to recognize than others. If you've been subjected to racial discrimination at your job, the team of New York City race discrimination attorneys at Brown Kwon & Lam can help you stand up for your rights.

Laws Protecting Against Racial Discrimination in the Workplace

Title VII prohibits employment discrimination based on race, color, religion, sex, and national origin. Under Title VII, it is unlawful for an employer to:

  • Fail/refuse to hire or to discharge any individual, because of their race, color, religion, sex, or national origin; or
  • To limit, segregate, or classify employees or applicants for employment in any way that would deprive them of employment opportunities or adversely affect their status as an employee because of the individual’s race, color, religion, sex, or national origin.

Failure to comply with these mandates can lead to penalties ranging from $50,000 for smaller companies to $300,000 for companies with 500 employees or more.

In addition to Title VII, the New York City City Human Rights Law also makes it illegal to discriminate against employees based upon their status in a protected class. Typically, the New York City State laws offer more protections to employees than federal regulations do. However, in some cases, it is more beneficial to procure a discrimination claim under federal laws.

Discriminatory Policy: Disparate Impact Discrimination

While an employer’s policy may seem neutral at face value, there can be discriminatory impacts on certain groups. Disparate impact discrimination occurs when an employer’s policy or practice results in discrimination, regardless of the intent behind it

To prove disparate impact discrimination has taken place, the employee must prove that the new policy has adverse impacts on certain groups. Such policies may include objective and subjective criteria such as tests and personality impressions.

Same-Race Discrimination in New York City

Courts have battled over the issue of same-race discrimination for many years. This was made difficult as colorism, as a defined concept, hadn’t really been explored in the courts until the late 1980s.

However, in time, New York City employers have found that same-race discrimination does occur as individuals of the same race may treat one another differently on the basis of the color, tone, or shade of their skin.

Examples of same-race discrimination may include a supervisor who is a lighter-complexion Black woman treating an employee who is a darker-skinned Black person adversely in promotions or face-to-face customer positions.

These cases are often difficult but must be taken to court. It doesn’t matter who is making the discriminatory comments or completing the actions, justice must be served.

How to File a Racial Discrimination Complaint in New York

If you have experienced racial discrimination in the workplace, it is important to take action and file a complaint. In New York, you can file a complaint with the New York State Division of Human Rights (DHR) or the U.S. Equal Employment Opportunity Commission (EEOC).

Here are the steps to file a complaint:

  1. Document the discrimination: Keep a detailed record of any incidents of discrimination, including dates, times, locations, and witnesses.
  2. File a complaint with the DHR or EEOC: You can file a complaint with either agency online, by mail, or in person. The agency will investigate your complaint and may schedule a mediation or hearing.
  3. Cooperate with the investigation: Provide any additional information or evidence requested by the agency, such as witness statements or documents.
  4. Receive a determination: The agency will issue a determination as to whether or not discrimination occurred. If discrimination is found, the agency may order remedies such as back pay, reinstatement, or policy changes.
  5. Consider legal action: If the agency does not find discrimination or you are not satisfied with the outcome, you may consider filing a lawsuit with the help of a racial discrimination attorney.

At Brown Kwon & Lam, our experienced New York City race discrimination attorneys can guide you through the process of filing a complaint and help you seek justice for the discrimination you have experienced.

Contact us today to schedule your consultation by calling (212) 295-5828.

Fight Racial Discrimination in New York City with Brown Kwon & Lam

If you are filing a racial discrimination case against an employer in New York City, you need a reliable employment law firm with a history of results. The attorneys at Brown Kwon & Lam are here to protect your rights in the workplace and defend you in court when those rights have been compromised.

If you have been a victim of racial discrimination, including same-race discrimination, contact Brown Kwon & Lam today. For more information on race discrimination in New York, take a look at our FAQ.

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