March 1, 2024

Can I Sue My Employer for Racial Discrimination?

If you've been subjected to racial discrimination in the workplace, it is important to understand your rights and the legal options available to you. The employment lawyers at Mizrahi Kroub LLP, are here to provide valuable information and guide you through the process of seeking legal redress. In this article, we will delve into the subject of racial discrimination and your ability to sue your employer under New York employment laws.

Understanding Racial Discrimination in the Workplace

Racial discrimination occurs when an individual is treated less favorably due to their race, color, national origin, or ethnic background. New York State laws prohibit any form of racial discrimination in employment, including hiring, promotion, pay, or termination decisions. Employers are expected to provide a workplace free from discrimination and harassment.

New York Workplace Retaliation and Race Discrimination

Workplace retaliation occurs when an employer takes adverse action against an employee for reporting racial discrimination or participating in an investigation. Retaliation can take many forms, including:

  • Termination or demotion after filing a complaint
  • Unwarranted disciplinary actions or negative performance reviews
  • Reduction in pay or denial of promotions
  • Hostile work environment or increased scrutiny

Retaliation is illegal under both federal and New York employment laws. If you have reported race discrimination and are facing retaliation, you have legal protections and may be able to file a claim against your employer.

Establishing a Lawsuit for Racial Discrimination in New York

To successfully sue your employer for racial discrimination, you will need to establish the following elements:

  • Discriminatory Action: You must show that your employer took adverse action against you, such as termination, demotion, or denial of promotions, based on your race.
  • Protected Attributes: You must prove that you belong to a racial or ethnic group protected by the law. 
  • Pretext: You need to demonstrate that the employer's stated reason for their actions is a pretext for discrimination and not related to your performance or conduct.

Steps to Take if You Believe You've Experienced Racial Discrimination

  • Document incidents: Keep a record of any incidents related to racial discrimination, including dates, times, witnesses, and details of what occurred.
  • Report the discrimination: Follow your employer's internal procedures for reporting discrimination, such as submitting a complaint to Human Resources or a designated manager.
  • Cooperate with investigations: If your employer initiates an investigation into your complaints, cooperate fully with the process and provide any evidence or additional information requested.
  • Seek legal advice: Consult with experienced New York employment lawyers like Mizrahi Kroub LLP to understand your rights and discuss potential legal action.

The Legal Process for Racial Discrimination Claims

  • Administrative complaint: In New York, you can file an administrative complaint with the New York State Division of Human Rights or the federal Equal Employment Opportunity Commission (EEOC) before pursuing a lawsuit. An experienced attorney can guide you through this process.
  • Lawsuit filing: If the administrative complaint process does not resolve the matter, your attorney can help you file a lawsuit against your employer in federal or state court.
  • Legal representation: Engaging the services of an experienced New York employment lawyer gives you the best chance of success in your racial discrimination claim. They will guide you through the legal complexities, gather evidence, and represent your interests.

Contact Mizrahi Kroub LLP Today to Speak with our New York Race Discrimination Attorneys

If you have experienced racial discrimination in your workplace—whether through wrongful termination, harassment, unequal pay, or denied promotions—you don’t have to face the legal battle alone. At Mizrahi Kroub LLP our experienced New York racial discrimination lawyers are dedicated to protecting your rights and ensuring that employers are held accountable for workplace discrimination. Don’t let racial bias impact your career and livelihood—contact Mizrahi Kroub LLP today to schedule a consultation and fight for the justice you deserve.

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