Race Discrimination Lawyer in Brooklyn
Fighting Against Discriminatory Behavior in the Workplace
Although many state and federal laws have been enacted to protect employees from racial discrimination, it still happens in the workplace. In many instances, the race discrimination that takes place may be subtle, but it is nevertheless still detrimental to productivity.
If you believe you have been a victim of racial discrimination, you may be unsure what legal options are available to safeguard your rights. Understanding the various federal, state, and local laws that may apply to your circumstances can be confusing and require the help of a knowledgeable attorney.
Miletti Law P.C., is a New York City law firm dedicated to helping victims of discrimination cases receive the fair treatment and justice they deserve. If you believe that you have been singled out or treated differently due to your race or national origin, contact our Brooklyn law office immediately. We encourage you to visit our website and fill out our free intake form, or you can call and speak to an associate who will gladly set up a consultation.
What is Considered Race Discrimination Under Federal and State Law?
Unfortunately, race discrimination can take many forms. Regarding employment discrimination, federal and state laws dictate that job applicants or employees may not be discriminated against due to personal characteristics associated with race. Personal characteristics include skin color, facial features, or hair texture.
Employers are also prohibited from treating job applicants or workers unfavorably because they are married to or affiliated with others of a specific race or skin color. Additionally, no business or organization can engage in discriminatory tactics regarding hiring practices, terminations, wages, benefits, or job assignments.
In other instances, it may appear that an employer is utilizing race-neutral practices; however, they have a discriminatory intent. These practices, known as disparate impact race discrimination, can hurt all employees.
Numerous laws deal with racial discrimination in the workplace and can be challenging to navigate without the help of an experienced legal professional. If you have concerns about how state and federal laws can protect you from discrimination, contact our experienced attorney, who will gladly answer your questions.
How Does the Civil Rights Act Protect Against Discrimination in the Workplace?
The Civil Rights Act of 1964 is a federal law that prohibits workplace discrimination based on protected characteristics as described above. The Title VII portion of the law makes discrimination illegal. It prohibits employers from retaliating against employees who file complaints with HR or an appropriate government agency. Employers may also not retaliate against employees who file a racial discrimination lawsuit or participate in an investigation.
It should be noted that Title VII of the Civil Rights Act only applies to businesses or organizations with at least 15 employees. Entities such as Federal agencies, labor unions, and staffing agencies must also adhere to Title VII regardless of their number of employees.
The Equal Employment Opportunity Commission (EEOC) investigates all complaints against these businesses or organizations accused of discrimination in the workplace.
However, New York City and the state also have laws regarding racial discrimination that apply to businesses with at least four employees: the New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL).
What are Some Examples of Race Discrimination in the Workplace?
One key component of racial discrimination in the workplace is intentionally treating those in protected classes differently. Federal law safeguards individuals who fall under a protected class status. Characteristics of protected classes include race, color, national origin, citizenship or immigration status, age, religion, gender, gender identity, sexual orientation, marital status, military service, pregnancy, disability, and height and weight.
Common examples of racial discrimination in the workplace may include:
- Racist comments or jokes about the employee’s race
- Racial slurs or derogatory language
- Promoting unqualified workers over others based solely on race
- Any harassment based on protected characteristics
- Imposing harsher penalties for those in protected classes than for other employees
- Creating a hostile work environment by making specific employees feel unwelcome based on their protected class
- Refusing to hire people based on their race or those that pertain to other protected classes
Although this is not a comprehensive list of racial discrimination that can occur in the workplace, any prejudice or bigotry should never be tolerated. If you have been the target of offensive jokes or passed over for a promotion based on any of the protected characteristics listed, you need to seek legal representation immediately.
Is it Easy to Prove Racial Discrimination?
Although you may be experiencing frequent racial discrimination at work, proving it can sometimes be challenging. To prove that you were racially discriminated against, you must be able to present direct evidence that corroborates your claim.
The main component that must be proven in a racial discrimination claim is that you have been intentionally treated differently from other co-workers or other job applicants who do not fall under a different race.
Some of the essential evidence you must gather includes detailed notes describing the racial discrimination and who participated. Other information that should be contained in your notes includes the time and date of the incident and the names of potential witnesses. Other key evidence includes emails, text messages, other written communications, and a copy of company policies.
In addition to collecting evidence, filing a complaint with HR is in your best interest. Although the Human Resources Department may not resolve your issue, filing a complaint helps lay the supporting groundwork if you file a formal discrimination claim.
How Do I File a Racial Discrimination Claim?
If you or a loved one has suffered discrimination in New York, you most likely want to see justice served on those who have mistreated you. New York and federal law have several legal remedies that you can pursue to ensure that all parties are held accountable for their actions or inactions.
Although you may also file a discrimination lawsuit, you must first file a complaint with the appropriate state agency. Depending on the facts of the case, you may need to file a formal complaint with the New York City Commission on Human Rights (NYCCHR) or the New York State Division of Human Rights (DHR).
You should be aware that specific time limits apply to complaints filed with the NYCCHR. If you report discriminatory acts before February 15, 2024, you have up to one year of the most recent event to file a claim. You have three years from the most recent event to file a claim for any acts on or after February 15, 2024.
Hiring a discrimination attorney to assist you with filing a formal complaint is the best way to ensure the legal process goes smoothly and your rights are protected.
How Can a Racial Discrimination Lawyer Help Me Prove I Was Mistreated in the Workplace?
You can pursue civil litigation if you have filed a formal complaint with an official state or federal agency and it could not resolve your issues. One of the most considerable benefits of hiring a discrimination lawyer is that they have comprehensive experience with the various laws that deal with employment discrimination.
A race discrimination attorney can review your evidence, interview witnesses, and prepare a solid case that can withstand legal scrutiny. In many instances, employers are willing to try and work out a settlement through mediation without the need to go to court. However, having a skilled lawyer to help you with mediation or negotiations is essential to ensure your voice is heard during all proceedings.
Suppose your employer is unwilling to offer a fair settlement. In that case, an attorney can take the case to court to try and help you recover compensatory damages, including lost wages and bonuses, pain and suffering, and emotional distress or punitive damages for egregious behavior.
Miletti Law P.C., has in-depth experience representing clients who have suffered racial discrimination in New York and will fight to ensure responsible parties are held accountable.
What Makes Your Race Discrimination Attorney the Best Option for My Legal Needs?
Miletti Law P.C., is passionately committed to pursuing justice and equal treatment for those who have been the victims of discriminatory behavior. Our legal team recognizes that you deserve to be treated with dignity and respect, and other employees deserve the same fair treatment.
When you come to our New York City law firm for help, we will work tirelessly to assist you with your legal needs. Our legal professionals will thoroughly evaluate your case and determine the best course of action to provide maximum benefits.
If you have suffered racial discrimination, do not suffer in silence. Contact our law firm today by visiting our website and filling out the free intake form or calling us directly at 314-648-2586 to schedule a free consultation.