New York Racial Discrimination Attorneys

Holding Employers Accountable for Racial Bias

Racial discrimination in the workplace is a pervasive issue that can have devastating consequences for victims. Racial discrimination in New York workplaces occurs when an employee is treated differently because of their race. The improper treatment affects decisions related to hiring, firing, promotions, pay, or other employment conditions. Both federal law, under Title VII of the Civil Rights Act of 1964, and New York State Human Rights Law (NYSHRL) make this illegal. Title VII applies to companies with 15 or more employees, while NYSHRL applies to companies with one or more employees.

If you believe you've experienced racial discrimination, the experienced attorneys at Horn Wright, LLP can help you understand your rights and take legal action. Call (855) 465-4622 or contact us online to discuss your case.

How Does the Law Define Racial Discrimination in New York Employment?

The law defines racial discrimination as unfair treatment based on race. Title VII and NYSHRL are the primary laws designed to prevent this conduct in the workplace by prohibiting race-based discrimination in decisions like hiring, firing, promoting, and assigning tasks. New York laws apply to smaller employers, broadening the protections offered by federal law.

Who Can File a Racial Discrimination Claim in New York?

Any employee who believes they have been discriminated against based on race can file a racial discrimination claim. The NYSHRL allows claims even in smaller workplaces. Federal law applies to companies with more than 15 employees. Both laws protect workers in various industries against racial discrimination.

How Long Do You Have to File a Racial Discrimination Claim in New York?

Employees in New York typically have three years to file a claim under state law. Under federal law, claims must be filed within 300 days of the discriminatory act. Missing these deadlines can result in the case being dismissed and you being barred from ever pursuing a claim, so it’s important to consult with an experienced attorney at Horn Wright, LLP, quickly.

What Is the Role Does the NYSDHR Play in Racial Discrimination Claims?

The New York State Division of Human Rights investigates claims of racial discrimination. Employees can file a complaint with this agency, after which they’ll review the facts of the case and can pursue legal action against the employer in the event they find racial discrimination took place. The NYSDHR is a key figure in enforcing racial discrimination laws in New York.

How Do You File a Racial Discrimination Claim with the New York EEOC?

To file a racial discrimination claim with the EEOC you, as the employee, must submit a charge within 300 days of the discrimination. The EEOC will investigate and can attempt mediation. If the EEOC doesn’t resolve the case, the employee will receive a "right-to-sue" letter, allowing them to file a lawsuit in federal court.

How Do You File a Racial Discrimination Claim in New York?

Employees file claims under New York law by submitting a complaint to the New York State Division of Human Rights. That division investigates the claim and determines if discrimination occurred. Employees can file a lawsuit in state court or seek administrative remedies through the NYSDHR.

What Happens After Filing a Racial Discrimination Claim in New York?

Once a racial discrimination claim is filed, the employer and employee can engage in mediation to resolve the case. If the case doesn’t settle during mediation it thereafter moves to an investigation stage. If evidence supports the claim there was racial discrimination, the case can proceed to a hearing or trial. Employees can be awarded damages for lost wages, benefits, and emotional harm depending on the facts of their case.

Can You File a Racial Discrimination Claim if You’re Still Employed?

You can file a racial discrimination claim while still employed in New York. Retaliation by the employer is also illegal, and employees are protected from retaliation under New York State and federal law from being punished by the employer for filing a claim. Filing while still working may help document ongoing discrimination that further supports the underlying allegation.

What Is "Disparate Treatment" in New York Racial Discrimination Cases?

Disparate treatment takes place when an employer treats employees differently based on race. This can include making decisions about hiring, firing, promotions, and other employment terms because of an employee's race. This form of discrimination is illegal under Title VII and New York State law.

What Is "Disparate Impact" in New York Racial Discrimination Claims?

Disparate impact refers to policies that appear neutral by an employer, but disproportionately harm one racial group. A common example is a hiring  test that eliminates more candidates from a certain race could be discriminatory. Employers can be held liable if such policies are not justified by business necessity, and instead racial discrimination took place.

Can Harassment Be Considered Racial Discrimination in New York?

Racial harassment, ranging from racial slurs to offensive jokes, can be considered discrimination if it creates a hostile work environment. Title VII protects employees from enduring severe or pervasive racial harassment in the workplace. NYSHRL broadens the protections afforded to employees by prohibiting conduct based on race that results in inferior terms, conditions, or privileges of employment. 

What Is Retaliation in New York Racial Discrimination Cases?

Retaliation takes place when an employer punishes an employee for filing a racial discrimination claim. It can include demotion, firing, or other negative job actions. Both federal and New York state laws protect employees from retaliation, providing additional grounds for a claim if retaliation occurs.

Can You Bring a Racial Discrimination Claim for Unequal Pay in New York?

Employees are permitted to bring claims for racial discrimination if they are paid less than their coworkers for the same work. Under the Equal Pay Act, Title VII, and New York State law, race-based wage disparities are illegal. Employees can recover back pay and other damages if they were the victim of unequal pay due to racial discrimination.

What Damages Can You Recover in a Racial Discrimination Claim in New York?

Employees who win a racial discrimination claim can recover damages for lost wages, benefits, and emotional harm. Punitive damages can also be awarded in some cases depending on the severity of the racial discrimination. The goal of racial discrimination laws at the state and federal level is to compensate the employee for the harm suffered due to the racial discrimination.

Can You Recover Attorney Fees in a Racial Discrimination Case in New York?

Employees can, under both federal and New York State law, recover attorney fees if they win a racial discrimination case. Allowing the recovery of attorney fees encourages victims to pursue claims even if they can’t afford legal representation up front.

How Long Does It Take to Resolve a Racial Discrimination Claim in New York?

Racial discrimination cases can take months or years to resolve, but that depends heavily on the details of the specific case itself and whether it goes to trial. The process includes investigation, mediation, and possible litigation. Settling early can shorten the time, but outcomes vary by case in terms of the severity of the racial discrimination. 

What Happens If the Employer Doesn’t Follow a Court's Order in a Racial Discrimination Case?

If an employer fails, or otherwise refuses, to follow a court's order, the employee can seek enforcement through legal action. The court may impose fines or other penalties on the employer for that failure. In some cases, the employer can even be held in contempt that will, in turn, lead to further sanctions until there is full compliance.

Don't Let Racial Discrimination Silence You

If you're experiencing racial discrimination in your New York workplace, you don't have to suffer in silence. The experienced attorneys at Horn Wright, LLP are dedicated to fighting for the rights of employees and holding employers accountable for their discriminatory actions. We understand the emotional and financial toll that racial discrimination can take. Our team is committed to providing compassionate and effective legal representation to help you seek justice and recover damages.

Take the first step towards a brighter future. Contact us today for a free consultation.