Race Discrimination Category Archives — New York Employment Attorney Blog Published by New York Employment Lawyers

July 8, 2022

A Nanny’s Success in Court Demonstrates How a Change in the Law Can Help Workers Pursuing New York State Human Rights Law Claims

The law generally, but especially the law of discrimination, is continuing to evolve and change. One jurisdiction where that’s true is New York State. State law recently changed in an important way that helps workers harmed by discrimination on the job. The change lowers the standard of proof the worker must establish to have a viable discrimination claim. This illustrates the importance of having legal representation from a knowledgeable New York City employment discrimination lawyer who is fully up-to-date on the law and knows how to use those recent changes to your maximum benefit.

As an example of how the above-mentioned change in New York State represents a positive change for workers, there’s this recent color discrimination case.

The worker, C.C., was a nanny in Manhattan. The nanny’s lawsuit alleged that her employer (who was also the mother of the child for whom C.C. provided care) “consistently mocked” the color of her skin. That mockery included telling her older son that the nanny’s face was the same color as “poop” and subsequently encouraging the child to repeat the scatological observation, laughing and smiling when he did so, according to the complaint.

June 30, 2022

Tackling a New York City Human Rights Law Discrimination Case When Your Employer is a Public Entity

by Phillips & Associates

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.

June 23, 2022

Nooses and Other Images of Racial Violence in New York Race Discrimination Cases

by Phillips & Associates

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.

May 31, 2022

How Including an Entity as Your ‘Joint Employer’ May Strengthen Your New York Discrimination, Harassment or Retaliation Case

by Phillips & Associates

Many people in today’s world of work may be employed by one entity, but they may not necessarily work for that entity alone. There may be one or more other entities with the power to exert genuine control over you and the work you do. Working for an employment structure that includes many layers can be tricky, especially if you need to pursue a discrimination, harassment, or retaliation case. These cases can be challenging because, even if you win, your direct employer may lack the financial wherewithal to pay the damages award you recover. To that end, it often makes sense to include a larger entity as your “joint employer.” Successfully pleading these cases can be complex, so you need to make sure you have proper legal representation from a knowledgeable New York City employment retaliation lawyer.

One recent case involved a security guard who worked at various United States Tennis Association (USTA) tournaments, including the U.S. Open in Flushing Meadows. A firm hired the guard to work the 2016 U.S. Open, but his supervisor later discovered that the USTA refused to grant the guard credentials because he had previously made a race discrimination claim (that had settled in 2015.)

The guard sought to sue the USTA for race discrimination and retaliation under federal Title VII. He, however, had a substantial problem: a Title VII discrimination or retaliation claim requires an employer-employee relationship, and the guard’s case had not substantiated that such a relationship existed.

May 17, 2022

Software Algorithms, Artificial Intelligence and the Ways that Employers That Use Them Can Violate Discrimination Law in New York

by Phillips & Associates

Bias and discrimination have been part of the hiring process for as long as hiring processes have existed. Some employers have recently identified a potential solution: hiring done, not by people, but by AI (artificial intelligence.) It’s the perfect answer, right? Who could be more objective and unbiased than a computer? As the federal Equal Employment Opportunity Commission and the Justice Department warned employers recently, using AI in hiring may not be a completely foolproof solution, and employers should proceed with caution lest they violate disability discrimination laws. Whether you were rejected by Mr. Smith, Ms. Jones, or Watson the Computer, if you think your disability played a role in that rejection, you need to get in touch with a knowledgeable New York City disability discrimination lawyer.

The guidance document, which came out earlier this month, was the federal response to employers who have begun using software that deploys algorithms and AI in parts of the new employee selection process. Algorithms and AI might be employed, for example, in administering online tests required of applicants, scoring applicants’ resumes, and making decisions about whether a particular applicant has or has not met the job’s required qualifications.

This all sounds pretty straightforward, so how could it be discriminatory? There actually are many different ways. The guidance document cited the example of an employer using “facial and voice analysis technologies” to evaluate applicants. While seemingly innocuous on the surface, this part of the process could have the effect of rejecting a person with a speech impairment, or a person with autism (whose eye contact and facial expressions might differ from those of non-disabled, neurotypical candidates,) even though those applicants with disabilities actually were qualified for the job.

February 28, 2022

When Being Assigned Janitorial Duties Isn’t Just Discouraging, It’s Discrimination: Menial Tasks and Hostile Work Environment Claims in New York

by Phillips & Associates

There are lots of different ways that you might experience race discrimination at work. These can run the gamut from a noose in your workspace to subtle things like being treated less respectfully than your white colleagues. If you believe you have endured some of these more subtle forms of discrimination, you should definitely take action. Start by getting in touch with an experienced New York City race discrimination lawyer to go over your case.

Most anyone who’s started a new job understands how the process often works. Whether you’re dubbed the “newbie,” the “rookie”, the “probie” or otherwise, you’re likely going to be assigned some undesirable tasks. However, when your employer assigns you those duties, not because you’re the newbie, but rather because you’re Black (or a member of any other protected class,) that’s more than annoying… it’s illegal.

D.G. was a Black man whose race discrimination lawsuit was one of those types of cases. He was a certified professional who found himself doing some very low-level tasks, while his coworkers were not.

February 14, 2022

How Your Employer’s Deviation from Normal Disciplinary Procedures May Be Important to Your Retaliation or Discrimination Case in New York

by Phillips & Associates

Today, many employers deal with employee performance and behavioral issues through a system known as “progressive discipline,” which means using a set of graduated or progressively more serious responses to an employee who is not meeting expectations. If you’ve been the target of illegal discrimination or retaliation, your employer’s progressive discipline system may potentially be a way to strengthen your case. If your employer skipped steps or otherwise failed to follow the standard procedure in dealing with you, then those “irregularities” can be a key piece of evidence demonstrating that you were the target of discrimination or retaliation. To find out how this might apply to your case, get answers from an experienced New York employment retaliation lawyer.

An upstate woman’s retaliation case shows pretty clearly how this can work. The woman, L.B., worked in the business office at a Syracuse hospital. In 2016, her doctors diagnosed her with cancer.

On May 4, 2017, the business office director informed L.B. and three peers that the hospital was eliminating their titles but not their positions. The other three workers were given new assignments immediately, while the director told L.B. that her job “was still in ‘formulation.'” Of the three peers who received immediate assignments, all three were younger than L.B. (who was in her early 60s) and all three were non-disabled.

January 18, 2022

How New York Law Treats Instances of Discrimination Against Black Women (and Other Sex-Plus or Race-Plus Combinations)

by Phillips & Associates

We all are aware that the law bars workplace discrimination based on a worker or job applicant’s sex, race, age, disability, ethnicity, nationality, religion, sexual orientation, gender identity, caretaker status, etc. Real-life has taught us that actual instances of discrimination are not always clearly delineated along these characteristic categorical lines. Certain forms of discrimination may be, for example, unique to Latina women… or Asian women… or gay Black men. Fortunately for workers in this state, the law recognizes something called “hybrid” discrimination, meaning a case of “race plus,” “sex plus,” “ethnicity plus”, etc. discrimination. If you think that was the kind of discrimination you endured at your job, you should get in touch with an experienced New York workplace discrimination lawyer and find out how best to pursue your case.

Just a few weeks ago, we had a ruling in a discrimination case just like that here in New York City. The plaintiff, C.S., worked at a hair salon and spa in Manhattan that specifically catered to women with curly hair. C.S. worked as a salon manager starting in the summer of 2015 until she was fired in the summer of 2018.

Along the way, the manager alleged that she suffered multiple forms of discrimination, including pregnancy discrimination during her 2015-16 pregnancy and caregiver discrimination after she returned following maternity leave. The manager also detailed a long list of occasions of discrimination where her white female supervisors treated her less favorably than her similarly situated white female colleagues.

December 22, 2021

How Discrimination Based on Color (“Colorism”) Differs from Racism and How It Can Be the Basis of a Successful New York Discrimination Lawsuit

by Phillips & Associates

For those who are not Latino or African American, it may be easy to assume that all Latinos or African Americans fall monolithically into one group. This is not true, and it is one reason why the law in New York protects people based on not only their race, ethnicity, and/or national heritage, but also their color. Discrimination based on color (or “colorism”) is very real and, if it has happened to you at work, then you should reach out as soon as possible to an experienced New York City employment discrimination lawyer.

Back in March of this year, Pew Research surveyed more than 3,300 Latinos across the USA about issues of skin color and discrimination. Last month, the study results revealed that nearly 2/3 (62%) of those surveyed said that having darker skin color was a disadvantage, with more than half (57%) saying that darker skin color affected their daily lives.

According to one Latino man’s lawsuit from a few years ago, that precise problem of workplace colorism was egregiously on display right here in New York City when he worked at one of the Upper West Side’s most famous Italian restaurants.

September 30, 2021

Just Because You ‘Smiled Your Way Through’ Harassment at Work, That Doesn’t Mean You Cannot Pursue a Hostile Work Environment Lawsuit

by Phillips & Associates

On the job, you may have experienced something that was blatantly inappropriate, unacceptable, and wrong, but you may not instantaneously have spoken out. Even if you didn’t, and even if others thought you were “OK” with it, that doesn’t make it OK and doesn’t mean that you cannot use that improper conduct as the foundation of a hostile work environment lawsuit. If it has happened to you at your workplace, reach out to a knowledgeable New York hostile work environment attorney to discuss your legal options.

Have you ever found yourself in a situation where someone did or said something you found highly personally offensive? (We’re confident almost all readers are nodding “yes” right now.) Many of us may say or do nothing. “Unfriending” that guy you graduated high school with — the one who keeps posting memes mocking your ethnicity or your sexual orientation or your religion — would cost you little, but you fear the possible repercussions anyway. You somehow feel an innate urge not to “rock the boat.”

Now, imagine you were subjected to those offensive comments, not on Facebook, but at work. Repeatedly. You know the behavior is wrong and is hurtful to you. But you also know you need that job, and you fear the consequences if you speak out. Would you object, or would you gently smile and laugh (and hope it stops soon)? Whether you are the objecting kind or the laughing type, you may still potentially have experienced an actionable hostile work environment.