Racial Discrimination Attorney in New York City

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.

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 manifest in more nuanced ways that are often overlooked. For example, unconscious biases can influence decisions, leading to a lack of diversity in leadership positions. Resistance to cultural expressions, such as hairstyles or apparel linked to racial identities, can also fall under discriminatory practices if they unfairly target specific racial groups. Recognizing these subtleties is vital in fostering a truly inclusive environment.

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.

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.

The process of filing a complaint might seem daunting, but it is a necessary step in seeking justice. Being thorough and organized in your documentation can significantly impact the investigation's success. Consulting with an attorney early in the process can provide guidance, ensuring that all procedural requirements are met and increasing the likelihood of a favorable outcome. Pursuing a claim through legal avenues reflects your commitment to not only your rights but also to holding accountable those who perpetuate discrimination.

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 our office today by calling (212) 295-5828 to arrange a free 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.

Racial discrimination is not just a violation of your rights; it undermines the very principles of fairness and equality that should govern workplaces. In New York City, the diverse environment should foster understanding and acceptance, not division. Addressing discrimination head-on is crucial for maintaining a healthy workplace and ensuring that such injustices do not perpetuate and affect more individuals.

At Brown Kwon & Lam, our New York City racial discrimination attorneys are committed to guiding you through this challenging process with care and professionalism. We aim to empower our clients by providing them with the knowledge and resources necessary to stand up against discrimination, helping to restore justice and equality in their professional lives.

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

Impact of Racial Discrimination on New York's Economy

Beyond the personal and emotional toll, racial discrimination also poses significant challenges to New York's economy. Discriminatory practices can lead to decreased productivity as affected employees often experience reduced morale and increased stress levels. Inconsistent employment practices may result in higher turnover rates, which can affect a company's operational efficiency and reputation.

Additionally, systemic discrimination contributes to a loss of talent and opportunities for growth within organizations. As businesses falter under the weight of these issues, the ripple effect impacts city and state economies through decreased consumer spending and burdens on state resources. Addressing discrimination not only creates a fairer workplace but also strengthens New York's economic resilience and competitiveness by fully harnessing its rich human capital.

Contact us to schedule your free initial consultation consultation with an experienced racial discrimination attorney in New York by calling (212) 295-5828.

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 Human Rights Law also makes it illegal to discriminate against employees based on 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 pursue a discrimination claim under federal laws.

Federal and state laws work in tandem to provide a comprehensive safety net for employees facing discrimination. The NYCHRL, known for its strong stance on anti-discrimination, often provides broader protections than its federal counterparts. Understanding these regulations is crucial, as it enables individuals to determine the most strategic approach to addressing and potentially rectifying discrimination in their workplace. Consulting with a knowledgeable attorney can help in navigating these complex legal landscapes.

How New York's Diverse Workforce Influences Discrimination Laws

New York State, a melting pot of cultures, languages, and ethnicities, benefits from a rich diversity that fuels innovation and growth. However, this diversity also necessitates stringent laws and initiatives to address and prevent racial discrimination in the workplace. The concentration of diverse communities in New York City means that any discriminatory practice can have far-reaching implications, affecting not just individual businesses but the socio-economic fabric of entire neighborhoods.

The state continuously adapts to its demographic needs, refining legal frameworks to enhance protections and rectify gaps. Local human rights organizations in New York play a pivotal role in educating both employers and employees about their rights and responsibilities. By fostering a deeper understanding of diversity, New York strives to implement policies that embrace cultural differences, ensuring equity across all sectors.

For experienced guidance, turn to a skilled racial discrimination lawyer in New York at Brown Kwon & Lam. Contact us or call (212) 295-5828 to secure a free consultation.

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 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 based on 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.

Addressing same-race discrimination requires sensitivity and a deep understanding of internal cultural dynamics. Awareness is the first step in mitigating its effects, enabling people within similar racial communities to confront biases that might exist within their groups. Workshops and mediation might be used to foster understanding and promote respect among peers, highlighting the shared struggles against discrimination.

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.

Addressing disparate impact involves scrutinizing the fairness of employment practices, which may include criteria for hiring, promotions, and layoffs. These policies must be rigorously analyzed to ensure they do not unjustly disadvantage minority groups. By identifying and amending biased policies, employers can create a fairer, more equitable workplace, fostering an inclusive environment that values diversity and equal opportunities for all employees.

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.

Navigating the legal landscape of employment discrimination requires dedication and a deep understanding of the relevant laws and regulations. Our attorneys are committed to providing personalized attention to each case, ensuring clients receive the comprehensive support they need. The journey towards justice can be challenging, but with a committed legal team by your side, you can move forward with confidence, knowing you have knowledgeable advocates working to defend your rights.

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

Frequently Asked Questions about Racial Discrimination

What Is Considered Racial Discrimination at Work?

Racial discrimination at work involves any unfavorable treatment or employment decision based on an individual’s race or characteristics associated with race, such as skin color or cultural practices. This can include a variety of actions, from overt instances, like racial slurs and jokes, to more subtle forms, like being overlooked for a promotion due to racial bias. Discrimination can manifest in hiring practices, workplace interactions, policies that might disproportionately affect certain racial groups, and decisions regarding compensation, training, and benefits.

Recognizing racial discrimination in the workplace is a critical step in addressing and preventing its recurrence. Employees need to understand their rights under both federal laws, like Title VII of the Civil Rights Act of 1964, and local regulations such as the New York City Human Rights Law, which provide protections and outline actionable steps against racial discrimination. For guidance in your case, do not hesitate to reach out to a racial discrimination attorney in New York at Brown Kwon & Lam.

How Can I Prove That I Was Discriminated Against?

Proving racial discrimination requires gathering and presenting evidence that demonstrates discriminatory intent or impact. This evidence can include direct documentation of the discrimination, such as emails or written communications that reflect bias based on race. Witness testimonies from colleagues can also support claims of racial discrimination.

It’s also valuable to highlight any patterns of unequal treatment compared to peers of a different race, which might involve discrepancies in job assignments, promotions, or disciplinary actions. Circumstantial evidence, such as statistical data showing discrimination in company hiring or promotion practices, can strengthen a discrimination claim. Working with an experienced racial discrimination lawyer in New York can be instrumental in effectively gathering and presenting this evidence to ensure a comprehensive legal response.

Can an Employer Retaliate Against Me for Filing a Complaint?

Retaliation by an employer for filing a racial discrimination complaint is illegal under both federal and state laws. Retaliation may include any adverse action taken against an employee for their involvement in legally protected activities, such as filing a complaint, participating in an investigation, or serving as a witness. These retaliatory actions can range from demotions and dismissals to less overt measures such as unwarranted negative performance reviews or changes in job assignments.

If you believe you are facing retaliation, it’s essential to document all incidents meticulously. Employers often need to provide legitimate reasons for their actions to defend against retaliation claims, so keeping detailed records can help substantiate a retaliation case. Legal advice can be crucial in these situations, guiding you on how to proceed while maintaining a productive work environment.

What Compensation Am I Entitled to If I Win My Discrimination Lawsuit?

Winning a racial discrimination lawsuit can entitle you to various forms of compensation intended to address the financial, emotional, and career-related damages incurred.

Compensation can include back pay for lost wages due to wrongful dismissal or denied promotions, reinstatement of employment, or job position improvements. In addition, victims may receive compensation for pain and suffering, emotional distress, or punitive damages intended to punish particularly egregious conduct by the employer. The actual compensation varies depending on the specifics of each situation, including the severity of the discrimination, its impact on the victim, and applicable state and federal guidelines. Connect with a racial discrimination attorney in New York at our firm to better understand your potential rewards if you win your case.

What Should I Do If I Witness Racial Discrimination at Work?

If you witness racial discrimination at work, taking respectful and appropriate action can contribute to a safer environment for everyone. Initially, it may be useful to document your observations meticulously, noting dates, times, what was said or done, and any present witnesses. Supporting your colleagues who are victims by offering to be a witness or by reporting the matter to human resources or another designated office is a vital step.

Encouraging a culture of accountability, where all employees are aware of their rights and the procedures in place to protect them, is essential. Companies in New York are legally bound to have anti-discrimination policies, and promoting awareness of these can strengthen workplace harmony and fairness. Taking action against observed discrimination protects not only colleagues but also upholds the integrity and ethos of the workplace.

A qualified racial discrimination attorney in Brooklyn Brown Kwon & Lam is ready to help you. Get in touch via online form or call (212) 295-5828 to make an appointment right away. Your initial consultation is free of charge.