10 Surprising Facts about Race Discrimination in the Workplace
Mexican author, Don Miguel Ruiz said “Let’s stop believing that our differences make us superior or inferior to one another.”
I, as a New York City employment discrimination attorney aim to live my own work and personal life by respectfully adhering to those words; however there are many workers and employers who choose not to. Fortunately there are state and federal laws in place for those who have false feelings of superiority and blatant disregard toward employees or co-workers that may look or act different than them.
Race Discrimination occurs when a person is treated unfairly because of his or her race. Yes, Racism Is Still a Problem in America. Title VII of the Civil Rights Act of 1964 is a federal law that was created to protect employees from being discriminated against on the basis of race, sex, national origin, color and religion. The law is applicable to employers with 15 or more employees and it includes state, federal and local governments.
Many businesses claim to have a no-tolerance policy when it comes to race discrimination, but sadly, there are some employers who are either not aware of; or they choose to ignore the injustices regarding their employees, taking place right under their noses.
An employer who ignores or claims to be unaware of the employees’ rights in Title VII should most definitely be held accountable for the hostile work environment the employee is being subjected to. On the other hand, how can an employee hold the employer accountable for such acts if that individual is not aware of his or her own rights in the circumstances?
There are a slew of misconceptions in regards to discrimination and harassment in the workforce, therefore misconduct often goes without being reported.
If more individuals became aware of their rights and sought action, then the injustices may slowly fade away.
Here are ten facts that may surprise you about discrimination:
- One may think that the law regarding discrimination was solely put in place to protect individuals of color, various ethnicities, or national origins but that’s not true. You’d be surprised to find out the law also protects those in association with an individual of a distinct race, ethnicity or national origin. For example: an employer, who discriminates against an employee due to that individual having a spouse of a certain race, would be covered under the law as well.
- You may or may not know that discrimination is possible even in circumstances when the harasser is of the same race as the victim; therefore, even in cases such as those, you are still protected under the law and entitled to justice.
- The law does not prohibit retaliation against an individual who has complained of race discrimination therefore, it is your right and responsibility to report the misconduct.
- It is not lawful for employers to discriminate against African American employees on the groundwork of medical conditions that primarily affect them, such as sickle cell anemia, unless it is a necessity of the business.
- Discrimination or harassment based on cultural traits, accents or characteristics in association with ethnicity, religion or origin is illegal. Furthermore discrimination or harassment based on the belief or perception of an individual of a country of origin, religious group or race regardless of whether or not their perception is accurate is illegal as well.
- There are various types of discrimination; however, you may be surprised to find out there is a difference between race and color discrimination. Race discrimination indicates that an individual would be treated wrong because he or she has certain characteristics associated with race (such as skin color, facial features or the texture of hair). Color discrimination involves treating someone unfairly due to the color of his or her skin. Of course both types of discrimination are prohibited by NYC law.
- You may be surprised to know that when it comes to company practices or policies, those rules must be job related, necessary to the operation of the business and applicable to all employees, regardless of the individual’s color or race. If for example, an employer has a “no-beard” employment policy in place which applies to all workers; it may still be unlawful since it may not be job related and could mean having a negative impact on the employment of African-American men, whose skin may have a tendency to accumulate razor bumps from shaving.
- An employer is violating the law when minority employees are being physically isolated in an attempt to segregate them from customers or other employees. It is also a violation for the employer to mainly assign minority employees to establishments or geographic areas that predominantly consist of minorities; or to exclude minorities from certain positions; or categorize them to specific jobs that are usually held by minorities. Also Title VII does not allow for racially-driven decisions motivated by business concerns. For example business concerns reflecting the negative reactions of customers or clients; or matters concerning the effect on employee relations.
- You may or may not be aware that the laws of New York City are vigilant when it comes to race and ethnic discrimination. Certain comments or actions that may not be treated as discrimination under the state or Federal law may be covered under the NYC law.
- Employment law is an arduous topic for most attorneys to bring resolution to, in favor of the plaintiff. The victim may already be overwhelmed with mental distress from having to deal with discrimination in the workplace, therefore that individual does not need to be concerned with how to approach their defense in order to receive justice. Our New York City discrimination attorneys are experienced, willing and more than competent at handling all facets of employment law. Do not undermine the unfair treatment you have experienced at the hands of your employer. Hire the best attorney for your case to get the job done.
Workplace Race Discrimination Attorney In New York, New Jersey & Pennsylvania
If you or someone you know has been subjected to racial discrimination in the workplace, then you should immediately contact an NYC employment discrimination attorney at the employment law firm of DEREK T. SMITH LAW GROUP, PLLC. No one should have to work in a hostile job environment. All individuals who are subjected to this type of treatment deserve justice.
Call today to schedule a FREE Consultation in NY, NJ & PA with one of our race discrimination attorneys at the Derek T. Smith Law Group, PLLC in NY, NJ, PA and D.C. you can reach us online or by calling 877-4NYLAWS. Our NYC employment law attorneys handle cases involving sexual harassment, racial discrimination, and other employment-related claims. We serve clients throughout New York, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. We also have offices in New Jersey, Philadelphia and Washington D.C. to serve you.