Racial discrimination attorneys, such as those at Leeds Brown, help clients across Long Island and New York City recognize that employment discrimination is pervasive and unlawful. Sometimes there is an overtly nasty co-worker insulting or threatening someone because of his race. Other times, a manager or supervisor is refusing to promote an individual because of her gender. Harassment in the workplace is also a form of discrimination. Occasionally, even a neutral policy or practice has the effect of creating an unlawful and discriminatory situation.
Proving that racial discrimination is occurring in your place of employment requires sensitivity, skill and knowledge of the procedures and evidentiary requirements involved in such cases. Workplace racial discrimination lawyers at Leeds Brown have the experience and dedication you want advocating for your employment rights. We have spent many years building a full-service employment law firm, providing personal service and representing clients in successful workplace racial discrimination lawsuits on Long Island, throughout New York City and across the nation.
Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment based on race, religion, sex, national origin, and color. It applies to businesses with 15 or more employees.
New York State Human Rights Law also prohibits employment discrimination. This law applies to employers with 4 or more employees. If you are a Long Island employee working for an employer with 4 or more employees, you receive protection from the New York Human Rights Law. If your employer has 15 or more employees, you receive protection from NYHRL and Title VII.
Disparate treatment is discrimination that occurs when an employer makes an employment decision based on the race of an individual. A discriminatory decision can be made at any stage of the employment process including:
Disparate treatment exists in all areas of employment. Racial discrimination might occur when an employer refuses to allow an employee of color meet with a Caucasian customer, promotes an unqualified Caucasian employee over a fully qualified African-American, and places a job advertisement that says “Asians need not apply.”
Harassing someone because of race is also discrimination if the harassment is pervasive enough to create a hostile work environment. Harassment can include outright racist language or behavior and the use of racial slurs. It can also include persistent race-based “humor” and threats.
Whether or not harassment rises to the level of unlawful workplace discrimination depends on several considerations including:
An occasional race-based joke may not create a hostile work environment for an ordinary employee. However, finding racial slurs written on the wall of the bathroom and being told by your co-workers not to come to work anymore because they “don’t like your kind” may be race discrimination. Our lawyers, focused on racial discrimination in the workplace, can help clients across Long Island, in New York City and the surrounding areas, determine if the workplace behavior is unlawful.
Disparate impact racial discrimination occurs when workplace policies and practices appear on their face to be neutral but in practice, they disproportionately impact a particular race.
For example, a business may have a policy requiring all employees to be of a particular height. This policy may disparately impact Asian or Latino men. A business with a policy requiring all employees to be clean shaven may disparately impact African Americans who are more prone to have a skin condition making it painful to shave.
Claims of disparate impact race discrimination in the workplace, just like disparate treatment claims, arise in nearly every area of employment. They most frequently involve policies surrounding:
Proving disparate impact involves extensive work and having an experienced Long Island racial discrimination attorney can help. According to the United States Equal Employment Opportunity Commission (EEOC), proving disparate impact involves clear identification of the employment policy or practice in question. It also requires the presentation of statistical evidence that the policy creates a significant disparate impact based on race.
Even if a victim can demonstrate the above elements, the employer has an opportunity to argue that the policy or practice is job-related to the position at issue and consistent with business necessity. Often, an employer will cite “customer preference” as a business necessity. However, customer preference for a particular race over another is not an appropriate defense to disparate impact racial discrimination. An employer may not discriminate against an employee because her customers are racists.
The attorneys at Leeds Brown have been representing victims of racial discrimination in the workplace for decades. We have assisted clients across New York State, especially on Long Island and in New York City. Our team can patiently guide you through the process of filing a charge or complaint with the appropriate administrative agency, gathering the facts and representing your interests at every stage of the game.
We have the skills and experience to investigate your claims thoroughly– we know what questions to ask and where to find the answers. Seasoned racial discrimination attorneys at Leeds Brown are adept at putting together strong cases, presenting them with passion, and ensuring that our clients secure the best possible outcomes.
You may be entitled to recover significant monetary damage for your workplace racial discrimination claim, but there are time limits for filing a charge. Contact Leeds Brown today to find out if you still have time to start your claim. Give us the facts and together we can determine the best way for you to proceed to protect your rights to equal treatment.
Call the Long Island employment law attorneys at Leeds Brown 24/7 at 1-800-585-4658 if you have experienced workplace racial discrimination of any kind. Workplace racial discrimination is unlawful – whether it is harassment that creates a hostile work environment, disparate treatment by a supervisor or a policy that results in disparate impact. Let the experts at Leeds Brown hear the facts of your case and help you secure the outcome you deserve.