While we like to think everyone is treated equally, this is not always true. When you go to work, you should not fear harassment and prejudice from coworkers and higher-ups because of your race.
If you’ve endured bias in the workplace, a New York City employment discrimination lawyer may be able to help. Keep reading to learn how race-based discrimination appears in the workplace. You’ll also find out how to report this harassment.
What Is Race-Based Discrimination?
As the name suggests, race-based discrimination occurs when someone is treated differently because of their race. This can occur from the minute an employer receives an application to when the employee joins a team. For example, employers may not even read a resume because of an applicant’s name. Unfortunately, discrimination in the hiring process is challenging to prove, as many factors go into the hiring process.
During periods of employment, discrimination is often subtle. There are many forms of explicit and demeaning comments, such as telling an African American employee they will never be promoted because of their race. However, these types of comments are less common.
In many instances, subtle actions can add up over time to create a hostile environment. This includes comments and behaviors that are questionable, known as microaggressions. Refusing to learn how to pronounce someone’s name because it seems too difficult is a form of microaggression. Another example is assuming a person of color holds a lower position at work solely based on their race
Similarly, there are some instances where an employer may refuse to promote an employee of color. If you expect to become the new manager of your team but are passed over by someone less qualified, race discrimination may be a factor. Alternatively, if leadership sidelines you from important projects or excludes you from client meetings, it could signal bias influencing promotion decisions.
Legal Protections Against Race-Based Discrimination
Several laws protect employees from race-based discrimination at work, including:
Title VII of the Civil Rights Act of 1964
This federal law prohibits employers from discriminating against employees or job applicants based on race, color, national origin, sex, or religion. Under Title VII, employers cannot:
- Make hiring or firing decisions based on race
- Deny promotions or equal pay to employees of a certain race
- Segregate employees by race in the workplace
- Retaliate against employees who report racial discrimination
Title VII applies to employers with 15 or more employees. If your employer violates this law, you can file a complaint with the Equal Employment Opportunity Commission (EEOC).
The New York State Human Rights Law (NYSHRL)
New York state law offers even broader protections than federal law. The NYSHRL applies to all employers, regardless of size, and prohibits race-based discrimination in hiring, promotions, compensation, and workplace policies.
The New York City Human Rights Law (NYCHRL)
New York City has some of the strongest anti-discrimination laws in the country. Under the NYCHRL, race-based discrimination is illegal in all aspects of employment. Employees have multiple avenues to seek justice, including filing complaints with the NYC Commission on Human Rights.
Understanding these laws is important when deciding how to file a complaint against your employer.
How to Report Race-Based Discrimination
If you believe you have experienced race-based discrimination in the workplace, you should take immediate steps to protect yourself and document what has happened. Reporting discrimination can be intimidating, but following the proper process strengthens your case.
Step 1: Document the Discrimination
Keeping detailed records is one of the most critical steps in proving workplace discrimination. Be sure to include dates, times, locations, and descriptions of discriminatory incidents.
Save emails, text messages, or other written communications that contain racist language or biased treatment. Additionally, take note of any witnesses who saw or heard the discrimination occur. Keep copies of performance reviews, pay records, or other unfair treatment documentation.
Step 2: Report the Incident to Your Employer
Most companies have policies for handling workplace discrimination. You may be required to report the incident to:
- Your Supervisor or Manager: If they are not involved in the discrimination, bring the issue to their attention.
- Human Resources (HR): Many companies have HR departments that handle discrimination complaints. File a formal report and request a written acknowledgment of your complaint.
- Union Representative: If you are part of a union, your representative can advocate.
You may need further action if your employer fails to address the issue. Escalating the matter is also necessary if they retaliate against you for reporting discrimination.
Step 3: File a Complaint with a Government Agency
If your employer does not take action to stop the discrimination, you can file a formal complaint with one of the following agencies:
- Equal Employment Opportunity Commission (EEOC): The EEOC enforces federal anti-discrimination laws. Complaints must be filed within 300 days of the discriminatory act in New York.
- New York State Division of Human Rights (NYSDHR): This agency handles discrimination claims under state law. You have one year from the date of discrimination to file a claim.
- NYC Commission on Human Rights – If you work in New York City, you can file a complaint under local law within one year of the discriminatory incident.
Step 4: Consult a Race-Based Discrimination Lawyer
While government agencies investigate complaints, they often have a backlog of cases and may take months to resolve them. Speaking with an experienced race-based discrimination lawyer can help you understand your rights, build a strong case, and seek compensation through legal action if necessary.
Your Rights Matter—We’re Here to Help
No one should face discrimination in the workplace. If you have been treated unfairly because of your race, you deserve justice. Our legal team at Mirza Law stands up for workers who experience racial bias and discrimination. We help them take legal action against unjust employers.
Filing a complaint can be overwhelming, especially if you fear retaliation. We provide strong legal support and guidance. Our team works with you closely to document evidence and file claims with the appropriate agencies. If needed, we help take your case to court. We fight for fair treatment, financial compensation, and a workplace where everyone is respected.
If you are experiencing race-based discrimination at work, don’t wait to take action. Contact us today to discuss your case and learn how our employment lawyers can help you move forward.