Race & Color Discrimination

New York Race Discrimination Attorney

One of New York’s First Employment Firms, With 110 Years of Collective Experience

New York has a long history of multicultural acceptance, and no one should be forced to endure discrimination in the workplace. At Schwartz Perry & Heller LLP, we are passionate about protecting the civil rights of employees across this state. Both federal and state law protect New York workers from race and color discrimination, including Title VII of the Civil Rights Act of 1964, the New York City Human Rights Law, and the New York State Human Rights Law.

Call Schwartz Perry & Heller LLP today at (646) 490-0221 or contact us online to schedule a consultation with our race discrimination lawyers in New York.

Who Is at Risk of Race-Based Employment Discrimination?

Race-based employment discrimination can take many forms: inappropriate racial remarks, offensive ethnic slurs, wrongful termination, or refusing to hire a qualified applicant because of race or color. Employment law extends broad protection on the basis of race and ethnic appearance. Anyone can be a victim, including Caucasians, African-Americans, Latinos, Asians, Native Americans, Pacific Islanders, Native Hawaiians, Arabs, and multi-racial individuals.

If you’ve been treated less favorably at work, don’t wait to speak with a New York racial discrimination lawyer. We are one of the first law firms in New York to focus on employment law. With 110 years of collective experience, our team is equipped to protect your rights whether the discrimination involved your national origin, your ethnic-linked appearance, the race of your spouse, or another race-associated characteristic.

What Proof Do I Need in a Race Discrimination Case?

Building a strong case requires gathering several categories of evidence. The type and weight of evidence will vary by situation, but the following are the key categories that support a race discrimination claim.

Direct Evidence

Direct evidence includes explicit statements or actions that clearly indicate discriminatory intent. Examples include:

Emails or Text Messages: Written communications from supervisors or colleagues containing discriminatory language.
Witness Testimonies: Statements from coworkers who witnessed discriminatory behavior.
Verbal Statements: Recorded conversations or notes documenting discriminatory remarks made by supervisors or managers.

Circumstantial Evidence

Circumstantial evidence can be equally powerful. This type of evidence suggests discrimination through patterns or practices, such as:

Statistical Data: Hiring, firing, or promotion practices that disproportionately affect a particular race.
Comparative Evidence: Similarly situated employees of a different race who were treated more favorably.
Employment Records: Documents revealing inconsistencies in how policies are applied across employees of different races.

Hostile Work Environment

Evidence of a hostile work environment may include:

Incident Logs: Detailed records of discriminatory incidents, including dates, times, and descriptions.
Witness Statements: Testimonies from coworkers who observed or experienced similar discriminatory behavior.
Physical Evidence: Materials such as posters or graffiti that contribute to the hostile work environment.

Contact Our New York Race Discrimination Lawyers Today

From racial stereotyping to biased hiring decisions, if your rights as an employee have been violated in New York, we want to hear from you. Discuss your situation with an experienced New York employment discrimination lawyer as soon as possible. The sooner you act, the more options you may preserve.

Contact Schwartz Perry & Heller LLP today at (646) 490-0221 to schedule a consultation with our New York race discrimination attorneys.

Filing Deadlines for Racial Discrimination Claims in New York

Knowing where and when to file matters as much as the strength of your claim. New York employees have multiple avenues for pursuing a racial discrimination case, and the deadlines differ depending on which law governs and where you choose to file.

Deadlines by Filing Forum

Under Title VII of the Civil Rights Act of 1964, an EEOC charge must be filed within 300 days of the discriminatory act. The NYC Human Rights Law (NYCHRL) gives employees one year to file with the NYC Commission on Human Rights. Under the amended New York State Human Rights Law (NYSHRL), employees have three years to file a lawsuit in state court or one year to file with the NYS Division of Human Rights for discriminatory acts occurring on or after February 15, 2024.

The forum you choose has real consequences. Filing with the NYC Commission on Human Rights typically precludes filing the same claim with the EEOC or the NYS Division of Human Rights. By contrast, New York employees can generally cross-file an EEOC charge and a NYS Division of Human Rights complaint simultaneously through a work-sharing agreement. Once the EEOC issues a Notice of Right to Sue, you have 90 days to file a federal lawsuit. These deadlines don’t pause while you weigh your options, which is why speaking with a racial discrimination attorney in New York promptly can help protect the full range of remedies available to you.

Coverage Thresholds & Harassment Standards

The laws also differ in who they cover and what they prohibit. The NYCHRL applies to employers with four or more employees, compared to Title VII’s 15-employee minimum, extending protection to workers at smaller companies. The NYSHRL applies a lower harassment standard as well: conduct that rises above a petty slight or trivial inconvenience is actionable, compared to the “severe or pervasive” requirement under federal law. For many employees, state and local law can offer broader protection than federal law alone.

Compensation Available in a New York Racial Discrimination Case

Employees who prevail in racial discrimination cases in New York may recover a range of economic and non-economic relief. The remedies available depend on which law governs the claim and the forum in which it is pursued.

Economic damages can include back pay covering lost wages from the date of the discriminatory act, front pay representing future lost earnings, and the value of lost benefits such as health insurance or retirement contributions. Courts can also order reinstatement to a former position or require an employer to change discriminatory workplace policies.

Non-economic and additional relief available in racial discrimination claims includes:

Emotional Distress Damages: Available under the NYSHRL and NYCHRL for the psychological harm caused by discrimination.
Punitive Damages: May be available in certain cases, particularly under the NYCHRL, which provides for broader remedies than federal law.
Attorney Fees and Costs: Recoverable in successful race discrimination claims under applicable federal and state laws.

Every case turns on its own facts, and no outcome can be guaranteed. Our racial discrimination lawyers in New York can evaluate which laws apply to your situation and what categories of relief you may be able to pursue.

Retaliation After Reporting Race Discrimination

Reporting racial discrimination takes courage, and the law protects employees who do it. Employer retaliation after an employee reports race discrimination or participates in a related investigation is separately unlawful under Title VII, the NYSHRL, and the NYCHRL. A retaliation claim can stand on its own even if the underlying discrimination claim isn’t ultimately successful. The act of reporting is itself protected activity.

Retaliation goes beyond outright termination. Demotions, reductions in hours, negative performance reviews issued after a complaint, and reassignment to less desirable roles all qualify as adverse employment actions when they follow protected activity. The same filing deadlines that apply to racial discrimination claims generally apply to retaliation claims, so timing matters just as much.

Employees who fear retaliation but haven’t yet faced formal discipline may still have legal options. Detailed documentation of workplace conditions and early consultation with a racial discrimination attorney in New York can help preserve your rights before the situation escalates.

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I received the most compassionate and professional assistance from SP&H. I felt that Mr. Heller truly cared about me and the situation I was in. He was able to be my voice during a difficult time. He responded promptly to any correspondence, took the time to explain to me any questions or concerns, and helped ease any kind of stress that I had during a dispute with a previous employer. I highly recommend this firm. You are not just a number, they treat you like family. I trusted them entirely. I thank you from the bottom of my heart for all of your devoted time and effort in my legal matter.

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Words are inadequate to express how truly grateful I am to Schwartz & Perry, especially Brian Heller for his help. I first met Mr. Schwartz and Brian Heller a few years ago when I was working at an international firm in an IT role when I contacted them for the free consultation because I felt that I was being setup to be fired. I knew I was being treated unfairly by my manager. I felt utterly helpless and had no idea who to turn to. After meeting with Mr. Schwartz and Brian Heller, I came to understand that the unfair treatment I endured was actually discrimination. They counselled me through being fired and negotiating a settlement; an extremely upsetting and exhausting experience. They explained the rules of employment law while treating me with dignity and kindness. Due to the skill and knowledge of these attorneys, I received a substantial settlement and was able to move on to another company with my self-respect intact and without the financial hardship that would have resulted from losing my job. They also ensured that this employer could not damage my reputation going forward with future employers. Recently, when I had another issue with a different employer; I called Brian Heller right away. I knew that Brian, being extremely well versed on the latest employment laws, would be able to help me. Brian carefully guided me and I was able to “ride the wave” of unprofessionalism and threats of litigation coming my way from my former employer’s attorney. My former employer thought that they could bully and frighten me into staying with them longer so that my new job opportunity would no longer be available, and then they could let me go when it was convenient for them - and I’d be out of work. They didn’t know that I have a Secret Weapon – Brian Heller! Once Brian was on the case, those threats ceased and I was able to accept my new wonderful job and leave the worry and stress behind. I highly recommend Brian Heller and Schwartz & Perry as a firm. Over the years Brian has always treated me with kindness and respect and I have peace of mind because I have someone I trust who is on my side, who can guide me and who is willing and extremely capable of protecting my rights.

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Amazing team of Attorneys. From day 1 of the consultation to the very end I felt like the most important client to the firm. Brian Heller who I dealt with personally was amazing. Whether it was a call or email responses were very prompt and I was kept informed every step of the way. Even a few calls just to check in and say hello. Truly an incredible experience and I would recommend them to anyone seeking justice. If they take your case they will fight with you to the end. A+

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