Race Discrimination
Race or racial discrimination occurs when an employee is harassed or treated differently because of her or his color, race, or nation of origin. If you have applied for work and been rejected, had your employment terminated, or been treated differently or harmed somehow in your employment and you think this may have something to do with racial differences at your place of employment, then you may have suffered race or racial discrimination. If you feel you that your racial background may have played a role in a recent employment related issue and you live in New York, the lawyers of Schwartz & Perry may be able to help you.
The law protects people from being discriminated against based on race, in all parts of the employment process, including termination, hiring, compensation, promotion, job training, or any other privilege, condition, or term of employment. Adverse employment decisions based on stereotypical differences, traits, or assumptions about the individual performance of certain racial groups as a whole are also prohibited under the law.
Harassment or discrimination of some form or other on the basis of certain characteristics, such as certain facial features, color of skin, or hair texture associated with the race of an individual, violates the law. Racial jokes, ethnic slurs, offensive or otherwise derogatory comments, or other conduct or comments because of an individual's race may constitute unlawful discrimination or harassment, if the action creates a working environment that is hostile, intimidating, or otherwise offensive which has a negative impact on an individual's work performance.
A few examples of events in the workplace that may be a genuine basis for further inquiry include:
The law protects people from being discriminated against based on race, in all parts of the employment process, including termination, hiring, compensation, promotion, job training, or any other privilege, condition, or term of employment. Adverse employment decisions based on stereotypical differences, traits, or assumptions about the individual performance of certain racial groups as a whole are also prohibited under the law.
Harassment or discrimination of some form or other on the basis of certain characteristics, such as certain facial features, color of skin, or hair texture associated with the race of an individual, violates the law. Racial jokes, ethnic slurs, offensive or otherwise derogatory comments, or other conduct or comments because of an individual's race may constitute unlawful discrimination or harassment, if the action creates a working environment that is hostile, intimidating, or otherwise offensive which has a negative impact on an individual's work performance.
A few examples of events in the workplace that may be a genuine basis for further inquiry include:
- You work in a separate or isolated area from other employees of a race different than yours, or you are not allowed to participate in activities or have a job function in which you would be in contact with customers while employees of a different race would be allowed to interact with such customers.
- You were in multiple instances denied promotions or other jobs in the organization that were given to individuals of lower skill level or otherwise lesser-qualified applicants or employees of a race different than your own.
- Your position, and those positions of others of the same racial group, was eliminated during company layoffs, but most of the employees of a different race were able to keep their positions or were reassigned other positions.
- You are somehow eliminated or separated from specific activities that other persons performing the same job function or those who would otherwise benefit from said activities are allowed to attend, such as training sessions or classes, meetings, internal networking opportunities, and other business-related events.
- Your superiors and/or the personnel department dismissed your complaints about other people at the workplace who made what you felt were inappropriate comments about people who are of a different race.
- Your employer assigns duties, opportunities for advancement, or some other benefit in an unfair manner that favors people from one racial group over another.
If you are encountering any of these or other racially-motivated discriminatory acts or conduct in your workplace and you live in the New York area, call us now at 212-889-6565 or contact us online. Attorneys at Schwartz & Perry possess the expertise and the experience to help you, and we will be pleased to discuss your concerns with you. Our initial interview will be free of charge. We will then be able to determine whether we believe we can help you and you will decide whether you wish to invite us to do so.
New York Employment Lawyer Blog: Racial Discrimination
- Title VII Race Discrimination Claims Apply to Discriminatory Conduct Based on an Employees Association with a Person of Another Race On April 1, 2008, the United States Court of Appeals for the Second Circuit ruled for the first time that an employer can be held liable for race ....
- COURT HOLDS THAT NON-RACIAL COMMENTS SUPPORT AN EMPLOYEE’S CLAIM OF RACE DISCRIMINATION In the case of Hubbard v. Port Authority of New York and New Jersey, 2008 WL 464694 (S.D.N.Y. Feb. 20, 2008), currently pending in the Southern ....
- JOB DISCRIMINATION COMPLAINTS ARE ON THE RISE On March 6, 2008, an article appeared in the New York Times, reflecting the increase in complaints of discrimination in the workplace. The article ....