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.

Establishing a Lawsuit for Racial Discrimination

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

If you have experienced racial discrimination at your workplace, don't navigate the legal process alone. Contact Mizrahi Kroub, LLP today to schedule a consultation with our expert New York employment lawyers.

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