The New York City race discrimination attorneys at Risman & Risman, P.C. have the experience and dedication needed to pursue your race discrimination claim and protect your rights under federal, state, and city law.

In New York State and New York City, it is unlawful for an employer to discriminate against an employee, applicant, intern, or certain independent contractors because of their race, ethnicity, or color. This includes discrimination based on a person’s actual or perceived racial group, as well as race-linked characteristics such as hair texture, hairstyle, skin color, and facial features. Under New York City’s CROWN Act protections, employers may not enforce grooming or appearance policies that disproportionately impact or target natural hair or hairstyles associated with race. Our race discrimination attorneys  will fight employers who are guilty of race discrimination and will ensure that our clients’ rights are protected under New York Law.

Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law strictly prohibit employment decisions based on stereotypes or assumptions about the abilities, characteristics, or performance of individuals of particular racial or ethnic groups. Title VII generally applies to employers with 15 or more employees, while New York State law applies to nearly all employers and New York City law applies to employers with at least four employees, with some exceptions.

Additionally, ethnic slurs, offensive language, or derogatory remarks made because of an individual’s race may also constitute race discrimination if they create a hostile work environment. Under New York State and City law, such conduct does not need to be “severe or pervasive” to be unlawful — it is enough if it rises above petty slights or trivial inconveniences.

There are generally two types of race discrimination claims:

–    Disparate-treatment discrimination occurs when race, ethnicity, or color is a motivating factor in an employment decision or action.

–    Disparate-impact discrimination occurs when a facially neutral policy or practice disproportionately harms a protected racial or ethnic group and either is not job-related and consistent with business necessity, or there is a less discriminatory alternative the employer refuses to adopt.

A few examples of potential race discrimination:

• Requiring employees of a certain race to work in separate or isolated areas, or excluding them from work-related activities involving employees of other races.
• Denying advancement opportunities to employees of a certain race while promoting less qualified individuals of a different race.
• Eliminating positions held primarily by employees of a certain race during layoffs while retaining or reassigning most employees of another race.
• Refusing to assign customer-facing duties or roles because of an employee’s race, ethnicity, or accent.