Race Discrimination

New York City, state, and federal laws prohibit employers from discriminating against an employee because of his or her race or skin color.

Race and Color Discrimination

Race discrimination involves treating an applicant or employee unfavorably because he or she is a member of a particular race or because of personal characteristics associated with a race (such as hair texture, skin color, or certain facial features). Color discrimination involves treating someone unfavorably because of skin color.

Race and color discrimination can also involve treating someone unfavorably because the person is married to, or associates with, a person of a certain race or color. Race and color discrimination can even occur where the victim and the discriminator are the same race or color.

Race and Color Harassment

It is unlawful to harass a person because of that person’s race or color. Harassment can include things like racial slurs, offensive or derogatory remarks about a person’s race or color, or the display of racially-offensive symbols. Harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in tangible employment action.

The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

Unintentional Discrimination

An employment policy or practice that applies to everyone, regardless of race or color, can be 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. For example, a “no-beard” employment policy that applies to all workers without regard to race may still be unlawful if it is not job-related and has a negative impact on the employment of African-American men, who have a medically demonstrated predisposition to a skin condition that causes severe shaving bumps.

The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. If a person is fired for making complaints of race discrimination, they may also have a retaliation claim.

The Harman Firm is committed to protecting the rights of employees how have been discriminated against based on their race or skin color. Contact the hard-working team of legal professionals at The Harman Firm for supportive counseling and aggressive representation in race and color discrimination claims.

New York Employment Attorneys Blog - Racial Discrimination