Race Discrimination Lawyer New York City

With support for the Black Lives Matter (BLM) movement growing across the country and globe, it may come as no surprise to some that employment-based race discrimination remains a serious problem. In some workplaces, harassment and discrimination based on race has actually increased in recent months, and it is not only Black employees who suffer.

Race discrimination involves treating an employee or job applicant in an unfavorable manner based on his/her race, characteristics associated with a particular race, or due to the individual’s relationship with a person of a certain race. Title VII of the Civil Rights Act of 1964, and prohibits any type of race-based discrimination or harassment in the workplace. These anti-discrimination policies apply to all aspects of the employment process, including applying, hiring and firing, pay and promotions, job assignments, training, and access to employment benefits.

At Joseph & Norinsberg LLC, our highly-skilled team of race discrimination attorneys has been protecting the rights of New York and New Jersey employees for decades. We have a thorough and holistic understanding of this complex and constantly-evolving area of the law, and we will ensure that you fully understand your rights and options before proceeding with any legal strategy. Contact a NY/NC employment law attorney for a free and confidential consultation about your case.

If You Feel You Have Been Exposed to Illegal Race Discrimination in the Workplace, You Are Not Alone

Employees have rights and protections against many types of workplace discrimination, including discriminatory behavior and harassment based on race. The primary protections available to victims of this type of unlawful discrimination are offered under Title VII of the Civil Rights Act of 1964 (Title VII), and the 1981 Civil Rights Act. Section 1981 broadly applies to all private employers whereas Title VII applies to private employers with at least 15 employees.

Your attorney will help you determine whether to file a Title VII claim or a claim under Section 1981. The primary differences between these two Acts are as follows:

  • Section 1981 provides a longer window of time within which to file a claim.
  • There are no caps on the damages you can recover as a plaintiff in an employment race discrimination case under Section 1981.
  • Under Section 1981, you can bypass having to file an initial claim with the Equal Employment Opportunity Commission’s (EEOC’s) administrative process, which is required for Title VII claims.

Also, in addition to federal law, employees are protected under municipal and state laws, which in some cases may offer even more protection than federal law.

Race Discrimination Examples

Sadly, race discrimination still occurs in American workplaces with shocking frequency. Knowing how to identify, prove, and stop this type of discrimination is key to protecting your rights. Even a policy that applies to everyone can be an example of race discrimination if it negatively impacts a certain race. Some of the most common types of employment race discrimination involve:

  • Racial slurs, jokes, or otherwise offense comments based on an individual’s race, perceived race, or association with someone of that race;
  • Harassing someone based on race;
  • Displaying symbols that are racially offensive;
  • Giving specific job duties to employees of a certain race;
  • Taking adverse action against a worker for his/her race;
  • Asking a potential employee or current employee about his/her race;
  • Requiring that employees maintain a certain look that negatively impacts those of a certain race.

In order for an act or behavior to be considered discriminatory from a legal perspective, it must create a hostile work environment or result in an adverse event, such as wrongful termination. For example, while racially-offensive jokes are covered by this law, they must be frequent or severe enough to constitute discrimination.

What To Do If You Are Being Discriminated Against Because Of Your Race In The Workplace

If you have been the victim of workplace race discrimination, you have rights. But you must be able to prove that discrimination actually occurred in order to recover damages. Although direct evidence of discrimination—such as text messages or emails—is ideal, more often than not, victims must resort to indirect evidence to substantiate their claim.

It is in your best interest to consult with an experienced race discrimination lawyer as soon as possible if you are suffering from employment harassment or discrimination based on race. Your attorney will thoroughly investigate the details of your case, help you gather evidence to support your claim, and position you for the most favorable outcome. At Joseph & Norinsberg LLC, we have successfully represented countless clients in race discrimination cases, and we have an impressive track record of obtaining substantial settlements.

Frequently Asked Questions

What is disparate impact discrimination?

When a company policy applies to all employees but negatively impacts certain employees due to race, gender, religion, or another protected category, it may be considered to have disparate impact. Even when the intent is not discriminatory, the impact might be. For example, when all employees have to meet a specific strength requirement, a disproportionate number of female employees might be negatively impacted; this may indicate gender-based disparate impact discrimination.

Can an employer require me to identify my race?

Generally speaking, employers should not require a job applicant to disclose race information unless the information is necessary for a legitimate need, such as tracking for affirmative action purposes. But even in the case of a legitimate need, employers should allow the information to be reported separately and confidentially, so as not to allow race information to factor into the decision-making process.

Can I be discriminated against by someone of the same race as me?

Absolutely. If the act or behavior falls under the category of race discrimination, the fact that the perpetrator is the same race as the victim should have no bearing.

Contact Joseph & Norinsberg LLC Today

If you are suffering from race discrimination in the workplace, the skilled legal team at Joseph & Norinsberg LLC can help. We have been protecting New York and New Jersey employees for more than 20 years. Don’t suffer in silence for another day; contact a race discrimination lawyer and book a free and confidential consultation through our website today.

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We hold these truths to be self-evident:
That all men and women are created equal.

ELIZABETH CADY STANTON

We hold these truths to be self-evident:
That all men and women are created equal.

ELIZABETH CADY STANTON

OUR PRACTICE AREAS

Employee-Employee Harassment

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Hostile Work Environment

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Manager-Employee Harassment

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Obscene Gestures

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Reporting a Sexual Assault Claim

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Retaliation

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Same-Sex Harassment

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Wage and Hour Claims

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Our Practice Areas

Gender Discrimination

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Sexual Harassment

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Race Discrimination

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Wage And Hour

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Disability Discrimination

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Sexual Orientation (LGBTQ)

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Age Discrimination

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Pregnancy Discrimination

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Wrongful Termination

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No one is above the law,
and no one is below it.

THEODORE ROOSEVELT

No one is above the law,
and no one is below it.

THEODORE ROOSEVELT

Glowing Client Reviews

I am very amazed and pleased for the wonderful work Diego Barros did for me and our co-workers, speechless to see how wonderful and constructive everything work. First time with Diego Barros and i am totally impressed to have seen how great you have worked for all of us, i will totally recommend you to anybody who is in need of help without at doubt at all in all senses.

Mr. Diego helped me WIN and reach a great settlement. Wages recovered from lack of pay and serious misconducts from employer. He was very informative and easy to talk to every step of the way. Very happy with the settlement I received. He will go for the win and get you what you deserve! If you having problems with employment I give Mr. Diego my full recommendation to get your issues resolved.

Jon and his team are amazing. They fought every step of the way for me and my family. My case was handled with such care and concern and Jon’s honesty gave me great confidence in his ability to win my case.

To have Bennitta Joseph who wins high profile cases against companies like Delta is a win for any company. The fact that they equip entrepreneurs like me with tools to compete with fortune 500 is a competitive advantage. If you are a company that deals with people and wants to succeed, hiring her is a must!

This was the first and hopefully my last lawsuit and the process wasn’t what I thought. The patience shown to me (even when I became frustrated) was great. Everyone showed respect, sensitivity, and I’d recommend the firm to everyone. Losing my job set me behind on several bills, but I can now pay them. The situation I went through will help me going forward.

This was the first and hopefully my last lawsuit and the process wasn’t what I thought. The patience shown to me (even when I became frustrated) was great. Everyone showed respect, sensitivity, and I’d recommend the firm to everyone. Losing my job set me behind on several bills, but I can now pay them. The situation I went through will help me going forward.

Bennitta Joseph is committed to Justice. After be wronged at work in 2015, and discriminated against I felt very hopeless and wronged. I felt as though I had no hope standing up to a corporate giant, and no chance of winning. After explaining my case and sharing the facts Bennitta felt differently. She did warn me it would be a long and tough road and that I had to have thick skin. In my experience if you take Bennitta’s lead and trust her legal experience no case it too big, or too small for her…

Me trataron muy bien y estoy satisfecho con el servicio. Inicialmente llamé para unirme a un caso anterior, pero cuando ya era demasiado tarde para unirme a ese caso, estaban felices de luchar por un segundo caso. No pensé que podrían hacer que otro caso funcionara, pero lo hicieron. Aprendí cuáles son mis derechos en cuanto a salario mínimo y tiempo extra y puedo usar esta información en el futuro. Recomiendo mucho la oficina.

New York Employment Attorney Profiles

NEW YORK EMPLOYMENT ATTORNEY PROFILES

Our Successful Case Results

$10.5M

Reinoso v. New York City Transit Authority

$7.0M

Morse v. Spitzer

$2.5M

Guzman v. City of New York

$2.0M

Code v. City of New York

$1.8M

Williams v. New York City Transit

$1.5M

Dominguez v. Moskowitz, M.D.

$1.4M

Carvalho v. MonteFiore

$1.4M

Zambrano v. Sound Shore Medical Center

$1.0M

R. v. City of New York

$750K

Rivera v. 260 W. 135 LLC

$750K

Levans v. Delta Air Lines, Inc

$600K

Jacqueline Winbush v. City of New York

$500K

Minor v. City of New York

$500K

Dortch v. Montefiore Medical Center

$400K

Zomber v. Village of Garden City

$190K

Marshall v. Randall

$175K

S.A. v. City of New York

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