Whether you work in an office, a warehouse, or another environment, you hope that you will not be judged for your race, but rather for your job performance and credentials. It is unlawful for your employer, or prospective employer, to base its employment decisions on your race. Racial discrimination can be both emotionally and economically harmful. It can be perpetrated by someone of a different race than you, but it can also be committed by someone of your race. If you believe that you were subject to same-race discrimination, you should talk to the seasoned New York City race discrimination lawyers at Phillips & Associates.Same-Race Discrimination
Racial discrimination includes any and all adverse treatment in the workplace that is based on a job applicant or employee’s race. The adverse treatment may involve failure to hire, failure to promote, demotion, disparate pay, and any other negative action related to the terms, conditions, or privileges of employment. It can also include racial slurs, racist jokes, racist paraphernalia or images, or the use of racial stereotypes. So it can include the use of the n-word or the display of a swastika.
Racial discrimination in New York City can also occur on the basis of race-related features, such as hair texture, skin color, and facial features. There may be an overlap with colorism, which involves treating an employee adversely due to the color, tone, or shade of their skin. For example, if your supervisor is a light-skinned Black woman with straightened hair, and she believes that customers will not like your Afro and/or darker skin, and therefore she refuses to promote you to a customer-facing position, this might constitute same-race discrimination.The New York City Human Rights Law
To sue for discrimination under the New York City Human Rights Law, you need to show that you were treated less well than other employees because of your race. You should show that you were treated differently from other employees in a way that was more than petty, trivial, or insubstantial.
A court is required to analyze your city law claim independently and separately from any federal and state law claims, and it must construe the city law broadly in favor of you as a plaintiff asserting discrimination, to the extent that it is reasonably possible to do so. One form of race discrimination is hostile work environment harassment, which may take the form of racist symbols, memes, pranks, jokes, or negative commentary. Again, the harassment must be more than a petty slight or trivial incident. For instance, if both you and your supervisor are Black, and he puts a noose on your desk and later tries to say that it was a joke, you may still have a claim for racial harassment under the city law, even though both the supervisor and you are Black.
Sometimes a racially discriminatory environment may be created by the way in which work is assigned. Allegations of a heavier workload can support a hostile work environment claim if you were subjected to disproportionately burdensome work assignments compared to your white counterparts. For example, if you are Asian American, and your supervisor is also Asian American, and he loads you with undesirable assignments that you could not get done in the requisite time frame, but he assigns better and less onerous work to white employees who are in the same position as you, this could support a racial discrimination claim.State and Federal Laws on Same-Race Discrimination
In most cases, the New York City Human Rights Law provides the greatest protection against racial discrimination. However, there may be circumstances in which it is more favorable to pursue a claim of same-race discrimination under federal Title VII of the Civil Rights Act of 1964 or the New York State Human Rights Law. To present a prima facie case for racial discrimination under federal or state law, your lawyer will need to prove that you belong to a protected class, you were qualified for your job, you sustained an adverse employment action, and the adverse employment action happened under circumstances that give rise to an inference of discriminatory intent. To establish a same-race hostile work environment claim under federal law, you will need to show that the harassing behavior was inflicted due to your race and was so severe or so pervasive that it generated a hostile work environment. State law defines harassment similarly to the definition under city law which helps employees who work outside of the five boroughsConsult an Experienced Race Discrimination Attorney in New York City
If you have experienced same-race discrimination in your workplace, you should call Phillips & Associates. Our attorneys represent workers who have faced discrimination in Brooklyn, Manhattan, Queens, the Bronx, and Staten Island, as well as Nassau, Suffolk, and Westchester Counties, New Jersey, and Pennsylvania. Call us at (212) 248-7431 or complete our online form.
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