Derek Smith Law Group / Employment Law / Color Discrimination / Color Discrimination Attorneys New York City

Color Discrimination Attorneys New York City

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Color Discrimination Attorneys New York City
What is Discrimination Based on Color in New York City?
Different Types of Workplace Discrimination Cases We Handle:

Color Discrimination Attorneys New York City

Color discrimination in New York is when an employer, co-worker, supervisor, or anyone working with a company discriminates against an employee or job applicant based on his or her skin color. This can be anything from wrongful termination, refusal to hire, retaliation, demotion, refusal to promote, denial of assignments, creating a hostile work environment, or any other form of harassment or unfair treatment.

The law prohibits employers and those associated with a company to treat any employee or job applicant in this manner because of his or her skin color. For over 25 years, the Derek Smith Law Group in New York has helped employees who have experienced color discrimination in the workplace receive compensation and justice for these unlawful and immoral acts.

What is Discrimination Based on Color in New York City?

Color discrimination relates to the color of a person’s skin. A person of one race can have several different skin colors and/or shades. Color discrimination in the workplace is when anyone associated with a company (employer, supervisor, co-worker, vendor, client, trainer, etc.) treats an employee or job applicant unfairly because of the color of his or her skin. The following issues may fall under color discrimination:

Hostile work environment
Wrongful termination
Retaliation
Refusal to hire

Refusal to promote
Demotions
Unfair salary issues

What Laws Protect Me from Color Discrimination in the Workplace?

According to Title VII of the Civil Rights Act of 1964, color is one of the protected classes in the workplace. Being a member of a protected class means that you cannot be discriminated against in the workplace because of that classification.

Federally, this law makes it illegal to discriminate against someone based on the mere color of his or her skin if the person works for a company of 15 or more employees.

New York State law also discusses color as a protected class under the New York State Human Rights Law. Under this law, it is illegal to discriminate against any employee of a firm of 4 or more people on the basis of color, as well as other protected classifications.

What Evidence Do I Need to Prove Workplace Color Discrimination in New York City?

In order to have a case for workplace color discrimination, you must have evidence that the incident occurred. Evidence can come in many different forms. First, you can have what is known as direct evidence. Direct evidence is when the victim is directly told or sees an email that states that he or she was treated unfairly because of the color of his or her skin. It can also include issues like being told by a client that he or she will not work with the employee because of his or her skin color. Any direct, firsthand knowledge of color discrimination will fit into this category.

The second type of evidence is inferred or assumed based on the actions and culture of the company. This is called disparate evidence. For disparate evidence, the employee does not have to hear the reason firsthand. However, it can be inferred that the victim would not have experienced unfair treatment if not for his or her skin color. For instance, a company that seems to only put light-skinned employees on certain accounts and denied the dark-skin employee the opportunity to work on that account is committing color discrimination in the workplace because it is inferred that this is the company culture and the employee was denied the assignment due to his skin color.

Finally, evidence can exist in the policies and procedures for a company. If a written or inferred policy or procedure exists that is by nature discriminatory, the policy or procedure can be used in court as evidence of color discrimination.

What Are Examples of Workplace Color Discrimination in New York City?

There are many ways in which color discrimination in the workplace in New York can rear its ugly head. Here are some examples of what can constitute as unfair treatment or harassment when dealing with color discrimination:

Constant jokes or comments regarding skin color
A culture of only hiring people of a certain skin color or tone
Terminating an employee because of his or her skin color
Retaliation against an employer who reported color discrimination to HR
Stating a particular client will not want to work with an employee because he or she prefers to work only with people of specific skin colors
Not promoting an employee due to skin color
Scolding or punishing an employee based on skin color
Denying a raise to an employee who is doing the extra work due to skin color
Making stereotypical comments regarding people with certain skin colors

These are just some of the examples of adverse actions or harassment that relate directly to the color of your skin in the workplace. The Derek Smith Law Group can help you determine if you have been victimized because of your skin color and help you get the justice you deserve.

How Long Do I Have to File a Lawsuit in New York City for Color Discrimination in the Workplace?

The statute of limitations to file your lawsuit for color discrimination in the workplace depends on the details of your case. If you have 15 or more employees in your workplace, you can file your claim in federal court under Title VII of the Civil Rights Act of 1964.

To begin this process, you must file a claim with the Equal Employment Opportunity Commission (EEOC). You will have 300 days to file your claim. The EEOC will investigate your claim and send you a Right to Sue letter. Once you receive that letter, you have 90 days to file your complaint in Federal Court.

Alternatively, if you work for an employer with 4 to 15 employees, you may be better suited to filing a claim with the New York State Division of Human Rights. The time limit to do so is within 1 year of the date of the incident, or you can choose to file your complaint in the state court without filing a claim first.

This must be done within 3 years of the date of the incident. Unlike federal procedures, New York State courts will not allow you to file with the NYS Division of Human Rights and the State Court. If you file with the NYS Division of Human Rights, the investigation will result in either a dismissal or the case will be transferred to an administrative hearing. The experienced attorneys at the Derek Smith Law Group will help you determine which course of action is best suited for you and your case.

What Remedies Can I Receive for Color Discrimination in New York?

Damages are determined on a case by case basis. Some of the remedies the court will provide include:

Back pay for work missed
Future Salary
Reinstatement of employment
Attorney’s fees
Benefit Reimbursement
Firing or moving of person responsible for discriminatory behavior
Reviewing and revamping discriminatory policies and procedures
Money for expenses incurred, such as medical expenses, fees incurred from late payments of bills, etc.
Money for pain and suffering

Punitive damages. This is the piece where the larger settlements come into play. Punitive damages are meant to punish the employer for the poor choices which resulted in the lawsuit in the first place. This number is usually determined by the gross profits of the employer, the nature of the action, and whether the employer has done this type of action in the past.

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During the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial

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Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial

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Matt Finkelberg is a top notch lawyer. He is very easy to talk to and truly cared about me as his client. He definitely earned my trust and confidence in his capabilities to represent me in the most professional respects. I give Matt and his firm the Derek Smith Law Group my highest recommendation to anyone who is seeking legal help for employee/employer related matters.

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Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial

Tali Loya

It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial

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matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough

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You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!

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Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial

jessica gonzalez

Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonialwon't be disappointed! 10/10

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How Long Will the Lawsuit Take to Settle in New York City?

Each lawsuit settles on its own terms. That being said, certain factors can help a lawsuit settle on a quicker timeline than others. If you have a solid case with reliable evidence, your case may settle quickly. The average timeline for color discrimination lawsuits to settle in New York is between 4 to 6 months and 1 to 2 years. This depends on whether your employer is willing to settle the case or wants to go to trial and how much time he or she takes to file responses, answers, and additional questions with the court.

What Should I Do Now to Help My Case?

Starting immediately, there are several things you can do that will only help your case in the long run:

If you are still working, do not quit your job. This will hurt your case.
Gather evidence. Document everything and every incident that occurs. Include who was involved, what happened, and when it happened.
If your company has an HR department, report your claim of workplace color discrimination.
If your company has policies and procedures to help manage these types of claims, follow them immediately. It will help your case that you did.
Contact a color discrimination attorney immediately.

Verdicts & Settlements

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Contact Our Experienced New York City Color Discrimination Attorneys Today for your Free Consultation

If you an employee or job applicant and have been unlawfully discriminated against at work due to your race or color, call our color discrimination lawyers at (212) 587-0760 for a free consultation or fill out our free form today.

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