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Race Discrimination

Employment Attorneys Representing Workers in New York

New York’s workforce is racially diverse, and while people’s race should not affect how they are treated at work, many people are unfortunately victims of race discrimination. Treating people unfavorably because of their race is unlawful, and employees subjected to discrimination in the workplace because of their race may be able to recover damages from their employers. The dedicated New York race discrimination lawyers at Gerstman Schwartz are experienced in helping employees whose rights have been violated in the pursuit of damages. If you faced adverse treatment at work because of your race, we can advise you about your potential claims and help you pursue the maximum compensation recoverable under the law.

Examples of Race Discrimination in the Workplace

Race discrimination is often exhibited via comments linking a person’s race to the ability to perform one or more job duties. In some instances, a coworker or employer may make the work environment unbearable by repeatedly making racially motivated statements or sharing jokes or stereotypes about an employee’s race. It is discriminatory for an employer to refuse to promote an employee due to the employee’s race as well. Often, there is no blatant evidence of racial discrimination, but that does not mean that an employee does not have an actionable claim, since subtle race discrimination is also unlawful.

Laws Prohibiting Race Discrimination

There are numerous classes, including race, that are protected from discrimination under federal and state laws. A race discrimination attorney can help New York employees bring claims under the appropriate laws. Specifically, Title VII of the Civil Rights Act of 1964 (Title VII), which is a federal statute, provides that refusing to hire, firing, or otherwise discriminating against an individual in terms of compensation, privileges, terms, or conditions of employment due to the person’s race is an unlawful employment practice. Title VII also prohibits employers from segregating, limiting, or classifying employees in a manner that would deprive or tend to deprive them of opportunities or that would adversely affect their employment status because of their race.

The New York State Human Rights Law (NYSHRL) provides similar protections, stating that it is unlawful for an employer to terminate, refuse to hire, or discriminate against a person regarding the conditions, terms, and privileges of employment due to race. Finally, the New York City Human Rights Law (NYCHRL) dictates that it is an improper discriminatory practice for an employer to represent that a job that is available is not, to fire or refuse to hire a person, or to discriminate against someone regarding employment terms or conditions or compensation because of the person’s race. A New York race discrimination attorney can hold an employer accountable in any of these situations.

Pursuing Race Discrimination Claims

An employee’s precise burden of proof in a race discrimination claim depends in part on the statute that the employer allegedly violated. Under Title VII and the NYSHRL, a plaintiff must first demonstrate, via circumstantial or direct evidence, that he or she was a member of a protected class and was qualified for the job in question but suffered from an adverse employment act that occurred in a situation that would allow for an inference of discrimination. The inference may be raised by showing that the employee was treated less favorably than other similarly situated workers outside the protected class. Conversely, to establish a violation of the NYCHRL, a plaintiff need only show that the employer treated him or her less well than other employees, at least partially due to a discriminatory reason.

Speak to a Trusted New York Attorney

Racial discrimination in the workplace is not merely unfair but also unlawful, and people treated unjustly at work due to their race have the right to pursue damages. At Gerstman Schwartz, our employment discrimination attorneys are well-versed in what it takes to present a winning case. If we represent you, we will work tirelessly to help you pursue the best legal outcome available in your case. The race discrimination lawyers at our New York firm regularly represent victims of race discrimination in New York City and Nassau and Suffolk Counties. You can contact us to set up a conference through our online form or by calling (212) 227-7070 for our New York City office or calling 516-880-8170 for our Garden City office.

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