RACE DISCRIMINATION

Whether you are applying for a job, entering a place of public accommodation, or looking to elevate your career path, you want to be judged by what you bring to the table. Be it a stellar past employment performance, a great credit score, etc. However, when you begin to feel that decisions about you are being made based on the color of your skin, and not the content of your character or abilities, you may be facing race discrimination.

At Bantle & Levy LLP, we protect your civil rights and employee rights from discrimination. We will fight tirelessly to protect you in your most difficult battle ahead.

What is Race Discrimination?

The U.S. Equal Employment Opportunity Commission (EEOC) defines race/color discrimination as, “treating someone (an applicant or employee) unfavorably because he/she is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features). Color discrimination involves treating someone unfavorably because of skin color complexion.”

However, race/color discrimination is not limited to one individual. A person can also experience discrimination because they are married to or associated with a person of a certain race or color. Further, discrimination can occur between people who are part of the same race or color.

How Does the EEOC Handle Race or Color Discrimination?

Under federal law, discrimination is prohibited in any aspect of employment. This includes hiring, firing, pay, assignments, promotions, benefits, etc. In addition, it is unlawful to harass a person because of their race or color.

Examples of harassment may include:

• Racial Slurs
• Offensive or derogatory comments
• The display of racially offensive symbols

It is important to know that isolated incidents that are not considered serious may not rise to the level of harassment. However, should the comments and conduct become so severe or frequent that it creates a hostile work environment or results in adverse employment decisions, it will be elevated to discriminatory conduct.

A harasser can be anyone from the victim’s supervisor, another manager, a co-worker, or a client or customer.

In addition, employment policies that apply to everyone, regardless of skin or color, can be considered illegal if it has a negative impact on the employment of people of a particular race or color and is not job-related and necessary to the operation of the business.

Title VII of the Civil Rights Act of 1964

In addition to the EEOC, Title VII of the Civil Rights Act of 1964 protects employees against discrimination based on protected characteristics including race, color, national origin, sex, and religion. Under Title VII, an employer cannot discriminate in any term, condition, or privilege of employment.

What New York Laws Protect Employees From Race and Color Discrimination?

In addition to federal laws, New York State has laws protecting employees and individuals from discrimination.

The New York City Human Rights Law prohibits discrimination in employment, housing, and public accommodations. This includes discriminatory lending practices, retaliation, discriminatory harassment, and bias profiling by law enforcement.

In order to file a complaint with the New York City Human Rights Law, you must file the initial action within one year of the last act of discrimination or three years for cases involving gender-based harassment. To be considered under this law, the act of discrimination must have occurred within, or have sufficient connection to, New York City.

Don’t Stand for NYC Race or Color Discrimination. Call Bantle & Levy LLP.

If you have been subjected to race or color discrimination in New York or New York City, the civil rights and employee rights attorneys of Bantle & Levy LLP can help. We will determine which laws are most applicable to your situation and seek recourse that will most greatly help you.

Contact our firm today to learn more.