Articles Posted in Race Discrimination

As a person of color, one understands that racial discrimination in the workplace can come from many different directions. Perhaps it is a coworker, a supervisor, or your employer. Other times, though, the racial animus you encounter comes from people outside your employer’s direct control. The law allows you to pursue race discrimination cases against your employer based on the acts of third parties (such as clients/customers, vendors, and contractors,) if the employer was negligent in controlling your workplace. If you’ve encountered racial hostility at work, regardless of who did it, you may have a potential legal case, so you should get in touch a knowledgeable New York City race discrimination lawyer right away.

S.C. was a Black female home health aide who encountered a hostile workplace perpetrated by a client. Six months into her job, she received a phone call from a care manager, who assigned S.C. to work two 12-hour shifts at the home of an 88-year-old woman in Manhattan who suffered from dementia.

The woman who assigned S.C. to the dementia patient told the aide that the patient “could become agitated very quickly” as a result of her dementia. What the care manager did not tell the aide, however, was that the client’s history was more complicated and problematic than that. According to the aide, the employer had a years-long file on the client and her history of “targeting Black people or people of color… with malicious conduct, which included frivolous 911 reports triggered by the client’s racial hatred.” According to S.C., she would have declined the assignment if she had known the truth about the client.

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If you follow the news, you likely have come across the phrases “the wage gap” or “the pay gap.” Generally, when these phrases appear in news stories, they refer to the gender wage gap, a/k/a the extent to which women make less than men for comparable work. Sometimes, though, wage gaps cut along lines other than gender, as a recent federal race discrimination case demonstrates. If you discover that you (and others of your race) are being paid less than others outside your racial group for the same or similar work, then it’s time to consult a knowledgeable New York City race discrimination lawyer and consider what your next legal steps should be.

A group of New York City inspectors recently achieved success, not just in pursuing their wage gap-driven race discrimination case, but in pursuing it as a class action. (Class actions can benefit workers by allowing them to litigate as one, often making costs lower and the likelihood of financial recovery greater.)

The plaintiffs were employed as fire protection inspectors employed by the New York City Fire Department (FDNY). These jobs called for inspectors to “conduct inspections of buildings, facilities, vehicles, and public activities in New York City to ensure compliance with safety codes, rules, and regulations.” According to the inspectors’ lawsuit, roughly 70% of the individuals employed in that role were people of color.

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In any discrimination and/or harassment lawsuit, there are two elements that are essential to success. Obviously, you’ll need to have to present a case where the facts and the law are on your side. Before you can do that, though, you have to acquire the evidence necessary to establish that factual basis. Much of this acquisition process occurs through pre-trial discovery and the exchange of information with the other side. Sometimes, though, the other side doesn’t follow the rules in engaging in the discovery process and, when that happens, you need a skilled New York employment discrimination who can advocate effectively for you to address the situation.

The race discrimination case of R.E., a Black woman employed as a personal training manager by a chain of luxury fitness clubs, shows how all these pieces can come together.

During her last three months on the job, R.E. allegedly experienced racial harassment on multiple occasions and complained about the incidents, but her employer failed to “properly investigate or address” the situations.

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If you’ve endured race-based discrimination at your job, you likely have many questions, like “can I sue?” and “if I sue, what proof and/or allegations do I need to make a case?” In answering these and other critical questions about your race discrimination case, be sure you’re getting the answers you need. To do that, retain an experienced New York City race discrimination lawyer with the knowledge necessary to give you the advice you need.

In many cases, a vital early hurdle is defeating your employer’s motion to dismiss or motion for summary judgment. Keep in mind, though, that you usually do not need as much to defeat one of these motions as you’ll ultimately need at trial.

The race discrimination case of D.W. was a good example. She was a Black woman who worked as an administrative assistant for an employer in Westchester County and was someone who allegedly suffered extensive discrimination.

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A common saying that suggests that someone who serves as his own lawyer “shall be sure to have a fool for a client,” dates all the way back to the 17th Century, but it’s still true today. Even licensed New York attorneys understand that, if they’ve endured discrimination at work, they should not try to pursue their case on their own, especially if they’re not experienced in employment discrimination matters. After you encountered discrimination at work, make sure you have the representation you need by hiring a knowledgeable New York City workplace discrimination lawyer.

M.B. was one of those lawyers. M.B., a Black woman, was an employee with the Metropolitan Transit Authority. After some time with the MTA, she sought a promotion to an “Attorney II” position. M.B. didn’t receive that promotion. Instead, the MTA awarded the promotion to a white woman who allegedly had less experience than M.B. had. Specifically, M.B. asserted that the employer’s standards required that all “Attorney II” lawyers have three years of experience, which she had and the white woman did not.

So the Black attorney sued, and retained counsel to handle her case. Her complaint alleged that racial discrimination was the reason that the employer promoted a less-experienced white woman over her.

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It is both sad and strange that people displaying nooses in workplaces still happens. Fortunately for workers in New York City, there are laws at multiple levels that protect you from having to put up with these kinds of hostile conditions on the job. Whether your situation involves a noose, the N-word, or some other form of misconduct, a knowledgeable New York City race discrimination lawyer can help you assess and advance your case.

One of the more recent cases addressing this problem comes from a federal court in Tennessee. T.G., a Black man, worked for the public electric utility in Nashville. Over the years, T.G. allegedly endured nooses in the workplace, racist drawings, comments about bringing back slavery, the need for Black workers to “stay in their place,” and coworkers asking him to teach them to “talk Black.”

The federal court in Nashville refused to throw out T.G.’s hostile work environment claim on summary judgment, deciding that he had presented sufficient evidence to proceed. In reaching that conclusion, the judge pointed out that “the nooses found” on the employer’s property were the “most disturbing pieces of evidence.” The court stated that it “is clear beyond any reasonable debate that a noose is severely physically and mentally threatening for anyone, especially for” Black people.

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