This blog periodically reminds readers that New York workers harmed by employment discrimination have multiple laws that potentially protect them from workplace discrimination. In addition to federal laws (like the Age Discrimination in Employment Act, the Americans With Disabilities Act, and Title VII of the Civil Rights Act,) people who work and/or live here in the city also have the possibility of seeking justice under the New York State Human Rights Act and the New York City Human Rights Act. Each of these laws has its own standard for what does (or does not) amount to a violation. Given these differences, it is wise to consult a knowledgeable New York employment discrimination lawyer about all of your workplace discrimination questions and concerns.
The right legal counsel can also be instrumental in utilizing these various legal claims to your maximum advantage. For example, while perhaps falling short of what federal law requires, a well-pled case could be enough to meet the NYSHRL or NYCHRL’s requirements, with that latter claim serving as the essential basis for getting justice.
A Chinese American woman’s recent discrimination lawsuit shows this reality in action. Allegedly, the employee’s supervisor, a Black woman, engaged in a “racist campaign designed to get rid of” her. According to the complaint, the supervisor “continually badgered” her and regularly displayed “unbridled hostility” toward her, while routinely behaving in a patient and professional manner toward the woman’s Black colleagues. The supervisor also allegedly was unresponsive to emails and sought to drum up bogus charges of workplace misconduct against the woman.
Eventually, deeming the prospect of continuing to work under the supervisor “intolerable,” the woman resigned.
Her federal lawsuit in the Southern District of New York alleged violations of federal law, state law, and city law.
Federal Law Sets a High Bar
The court concluded that the woman’s complaint did not state a viable federal discrimination claim. Federal hostile work environment claims require allegations that, if proven, would amount to a workplace that was “permeated with discriminatory intimidation, ridicule, and insult” so bad that it altered the "conditions of employment" and created an “abusive” work environment.
Previous rulings from the 2d Circuit Court of Appeals (which covers federal lawsuits in New York and two other states) have established that “allegations that a manager made negative statements and used harsh tones, distanced themselves and was unresponsive, [and] issued wrongful reprimands… are insufficient to constitute a hostile work environment.” Additionally, the federal district court in Manhattan ruled in 2021 that “excessive criticism and rudeness do not constitute a hostile work environment.”
The Worker-Friendly Standards of NYS and NYC
The woman’s state and city claims fared better. Both the NYSHRL and the NYSHRL allow a worker to pursue her claim if she pled that she was treated “‘less well’ because of her employer’s discriminatory intent.” More specifically, a worker’s claim is viable as long as the discriminatory mistreatment is “more than trivial, insubstantial, or petty.”
This woman’s allegations – centering on a supervisor who “was unresponsive, spoke to her in a hostile tone and leveled ‘made-up’ accusations at her” -- were, while too little to demonstrate a workplace “permeated” with discriminatory animus, enough to create a viable argument that she was treated less well because of her race/nationality.
The law also requires that you plead “discriminatory intent,” but this too is a relatively worker-friendly standard under the NYSHRL and the NYCHRL. Your complaint under state or city law must merely lay out a case that you were treated less well and that that treatment was fueled, at least in part, by a “discriminatory reason.” Simply alleging that your employer treated you more poorly than similarly situated coworkers outside your protected group, as this woman did, is enough.
New Yorkers have many laws that may assist them when they need to hold wrongdoers accountable for illegal workplace discrimination. Understanding the differences between these laws and their legal standards can be crucial to getting justice for what you have endured. If you have questions or concerns about the mistreatment you have encountered on the job, the knowledgeable New York race discrimination attorneys at Phillips & Associates are here to help. Your ability to pursue your career and succeed in a job should not come down to the color of your skin. Contact us online or at (833) 529-3476 to set up a free and confidential consultation to learn what options are available to you.