If you are involved in a racial discrimination case against an employer in New York City, you need a reliable employment law firm with a history of results. But you may have questions of whether the case is even worth pursuing. Take a look at these race discrimination FAQs from the attorneys at Brown Kwon & Lam.
What is race discrimination?
Race discrimination involves treating someone unfavorably because he/she is of a certain race or has personal characteristics associated with a particular race. Other forms of race discrimination occur when someone is treated unfairly because he or she is married to someone of a certain race.
Discrimination does not just occur when people are of different races but can occur when the victim and person who inflicted discrimination are the same race.
What is direct race discrimination?
Direct race discrimination occurs when you are treated unfairly because of your status in:
- A protected group
- Someone believes you are part of a protected group (because of characteristics, etc.)
- You are connected to someone who is part of a protected group
What is indirect race discrimination?
Indirect race discrimination occurs when an employment policy or condition applies to everyone in the same way but in practice disadvantages one particular group of people.
Those who are treated disproportionately under the policy or action must be able to show how there is a disconnection between group treatment.
Does race discrimination only apply to wages?
Racial discrimination is prohibited in the hiring, firing, compensation, promotions, training opportunities, benefits availability, recruitment, and any forms of employment conditions.
Can you discriminate against a coworker because of your own race?
Under the Equal Employment Opportunity Commission, it is illegal to discriminate against a coworker because of your own race.
For example, if there are two African American workers and one has darker skin, the lighter-skinned employee may not harass the other employee just because they are part of the same race group.
Am I protected against racial discrimination as someone who is bi-racial or multi-racial?
Employees and job applicants are given the same protections against race discrimination for identifying as biracial or multi-racial as those who identify as other racial groups.
Are white employees protected from race discrimination?
White employees are afforded the same protections against race discrimination in the workplace as employees of other races are.
Can my employer assign me to work with customers or clients who are of my own race?
Your employer cannot exclusively assign you to work with customers or clients of your own race. Though the employer may believe it’s a benefit for you to work in such a manner, such as a Black employee working with predominantly Black clients to bring in sales, it is not legal.
What types of damages can I recover if I am fired due to my race?
If you experience racial discrimination and are fired as a result, you may be entitled to compensatory damages for your losses. This may include front and back pay, costs of looking for another job, therapy to address the inherent psychological harm, and emotional distress damages.
In extreme cases where the employer’s actions were egregious, you may be entitled to punitive damages, however, that seldom occurs.
Race discrimination can be difficult to prove without evidence, but when you feel your work environment changing for the worse because of it, you need legal action.
Brown Kwon & Lam: Race Discrimination Attorneys
If you are filing a racial discrimination case against an employer in New York City, you need a reliable employment law firm. The attorneys at Brown Kwon & Lam are here to protect your rights in the workplace. If you have been a victim of racial discrimination, contact Brown Kwon & Lam today.