New York City Racial Discrimination Lawyers

We Represent NYC Workers Treated Unfairly By Employers on Account of Race or Racial Characteristics

The history of the United States is sadly one of racism. From the first enslaved persons forcibly brought to the Americas from Africa in the 17th century to the Jim Crow laws enforced up through the mid-20th century, racial discrimination has tainted just about every aspect of our public life. It is only in the past few decades that our laws have started to make amends for this shameful history.

Today, New York City has some of the strongest laws against racial discrimination in the country. But such laws do not enforce themselves. Far too many employers in the five boroughs continue to use race as a factor in their hiring, firing, and other employment decisions. This is immoral, unethical, and illegal.

The New York City racial discrimination lawyers at Carey & Associates, P.C., can represent you in taking legal action against an employer who has judged you based on your race and not your abilities and accomplishments in the workplace. We know how to investigate and build a compelling case for racial discrimination. And we will expend every effort to ensure your employer understands that the law applies to them just like any other business in the five boroughs.

Defining Racial Discrimination in New York City

The size of your employer often plays a key role in determining which racial discrimination laws apply to your situation. Title VII of the federal Civil Rights Act of 1964 forbids racial discrimination, but only for employers with more than 15 employees. New York State and New York City’s racial discrimination laws, however, cover employers with more than 4 employees.

But what exactly is racial discrimination? In broad terms it refers to either (1) an employer making a decision related to employment based on an employee or job applicant’s race or (2) implementing workplace policies that are unrelated to job performance and have a disparate impact on people who belong to a particular race.

Some common examples of racial discrimination that we see at Carey & Associates, P.C., include:

• An employer refuses to hire you because you identify as a member of a particular race.
• Your employer passes you over for a promotion in favor of a lesser-qualified person of a different race.
• Your employer refuses to assign you to work in a particular location based on a history of animus against members of a particular race.
• Your employer decides to conduct mass layoffs but primarily targets members of your race.
• You are regularly excluded from meetings or other job-related opportunities while co-workers of a different race are allowed to participate.
• Your supervisors or coworkers subject you to regular harassment–remarks, taunts, and other derogatory remarks–based on your race.

Racial discrimination is rarely overt. Few employers are reckless enough to announce they “will not hire Black people” or “do not allow Asians to work customer service jobs.” Yet employees and job applicants often recognize when they are subject to disparate treatment based on race. If you are in such a position, it is important to keep careful notes and records of your dealings with the employer, as that can help you in building a strong claim for racial discrimination.

How You Can Fight Racial Discrimination in New York City

Generally speaking, before you can sue an employer for racial discrimination, you must first file a formal complaint (or “charge”) with one of the government agencies charged with investigating workplace discrimination. In New York City you can file such a complaint with your choice of the following agencies:

• The New York City Commission on Human Rights
• The New York State Division of Human Rights
• The United States Equal Employment Opportunity Commission

Typically, you only need to file with one of these agencies. After the agency conducts a preliminary investigation, it will either decide to initiate formal action against the employer. Otherwise, you will receive a “right to sue” letter, which means you can file a lawsuit in state or federal court within a specified time period.

Civil damages for racial discrimination vary based on the case, but usually include compensation for your out-of-pocket expenses, lost income, and emotional harm. In some cases you may also be entitled to punitive damages, which punish employers for especially reckless or malicious acts of racial discrimination.If you would like to learn more–and discuss your own experiences with racial discrimination in the workplace–contact Carey & Associates, P.C., today at (914) 705-5427 to schedule a free initial consultation.