Race / Color Discrimination Attorneys Protecting Employees in New York City, New Jersey & Philadelphia
What is Race Discrimination in the Workplace?
Race Discrimination in the workplace is not only illegal it is wrong. Racial discrimination occurs when an employer treats a person unfairly because of their race. Whether you are white, black / African American, latino, Asian or middle eastern, no-one should have to deal with race discrimination in the workplace. New York City, New Jersey & Philadelphia law is so much more protective of employees with respect to race discrimination in the workplace. For example comments or conduct that may not be considered race discrimination under the state or Federal law, may be covered by the New York City, New Jersey or Philadelphia law. New York City has some of the best employment laws for people subject to employment discrimination based on their Race.
Additionally, the Race law even applies to people who are simply associated with someone of a particular race such as an employer who discriminates against an employee because the employee’s spouse is of a certain race.
Discrimination can occur even in the situation when the harasser is of the same race as the victim.
Any form of comments or conduct that relate to a person’s disability may be actionable. That is why it is important to call and discuss the particulars of your case.
Furthermore, it is illegal to retaliate against someone because they have complained about Race Discrimination.
Available remedies may include lost wages, emotional distress, punitive damages, and attorneys fees.
Race Discrimination Lawyer in New York, New Jersey and Philadelphia
The New York City, New Jersey & Philadelphia Race / Color discrimination Attorneys at the Derek T. Smith Law Group, PLLC offers counsel and representation to workers who experienced racial discrimination in New York, New Jersey and Philadelphia. The New York City, New Jersey & Philadelphia discrimination attorneys at Derek Smith Law Group, PLLC are extremely knowledgeable about all the federal, state and local laws protecting workers from race discrimination in New York City, New Jersey & Philadelphia. We can advise you on racially biased, motivated or other treatment at the workplace and your discrimination attorney in New York City, New Jersey or Philadelphia can personalize a strategy that is right for your case.
One of the most significant laws protecting workers from New York, New Jersey & Philadelphia employment discrimination based on race and ethnicity is Title VII of the Civil Rights Act of 1964. Title VII is a federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion. It generally applies to employers with 15 or more employees, including federal, state, and local governments. New York City, New Jersey & Philadelphia employment discrimination laws require employers to treat all workers fairly and equally with respect to compensation and promotions. Derek T. Smith Law Group, PLLC offers a team of highly skilled employment discrimination lawyers in New York, New Jersey & Philadelphia who can evaluate your race discrimination legal case. Race discrimination law in NYC, NJ and PA can cover a wide range of circumstances and can be complex. Let our New York City race / color discrimination lawyers help you navigate these laws and find out what options and rights are available to you.
New York City Laws prohibit discrimination based on race or ethnicity
Title VII prohibits intentional discrimination and racial prejudice as well as neutral job policies that disproportionately exclude minorities or put them at a disadvantage in the workplace. Title VII spells out how employers must treat workers of color compared to their entire workforce including the following rules:
- Employers cannot discriminate against African Americans workers on the basis of medical conditions that predominantly affect them, such as sickle cell anemia, unless it is a business necessity
- Equal opportunity employment cannot be denied to any worker because of marriage to or association with an individual or group of a different race
- It is unlawful to harass or offend workers of color by hurling ethnic slurs or making derogatory racial remarks or other conduct that promotes a hostile, intimidating working environment
If you have further questions or concerns on the above, contact our firm to speak with our team of New York City discrimination lawyers.
WHAT IS NEW YORK STATE LAW PROHIBITING RACE DISCRIMINATION?
The Attorney General of New York has made employment discrimination based on race a priority for their administration. New York has passed various civil rights acts making it illegal for an employer refusing to hire, failing to promote, terminating, paying less or otherwise treating a person differently based on an individual’s race.
New York State Laws are very similar to Federal laws, with the notable exception of lowering the number of employees an employer is required to have in order to fall under the civil rights act from the federal threshold of fifteen (15), to four (4) under New York State Law.
In order to file a complaint, an employee has several options, they may:
- File a complaint with their employer;
- File a complaint with the US Equal Employment Opportunity Commission, The New York State Division of Human Rights, or a local board, such as the NYC Commission on Human Rights;
- File a lawsuit; or
- File a complaint with the New York State Attorney General’s Office.
This type of race discrimination is typical, and our experienced race discrimination attorneys at the Derek Smith Law Group, PLLC, will work tirelessly to protect your employment rights. Whether you are white, black / African American, latino, Asian or middle eastern, race discrimination can happen to anyone. Our race discrimination attorneys will make sure you receive the justice you deserve. Also, New York City bans hair discrimination.
WHAT IS THE NEW JERSEY LAW AGAINST RACE-BASED DISCRIMINATION?
New Jersey provides relief for racial discrimination in the workplace. The law in New Jersey against racial discrimination is also known as (“NJLAD”) NJSA 10:5-1. This law protected the right for an individual to apply, and be fairly considered for, any job, internship or traineeships regardless of your race, color or what country you come from. An employer may not discriminate against an individual when, applying for a job, during the life of an individual’s employment, and when they are terminated. These protections extend to labor unions and employment firms.
Further, employers are forbidden from printing, publishing or causing to be published nay advertisement articulating any preference based on a person’s race, color or nation origin with regard to employment opportunities, job openings, union membership, apprenticeship programs, and job training programs.
Under New Jersey law, if you feel you have been discriminated against based on your race, you must make a claim by phone or in person within 180 days of the incident with the Division on Civil Rights Regional Office. The division shall investigate your claim, and will attempt to settle your claim. If the commission is unable to settle the claim, then the individual may be granted a hearing by the New Jersey Office of Administrative Law, at which point the director of the Division of Human Rights will issue a final order. That order may be appealed by the Appellate Division of the Superior Court of New Jersey.
It can be overwhelming navigating the sea of administrative law. Our discrimination attorneys at the Derek Smith Law Group, PLLC, have years of experience dealing with the flood of litigation that accompanies an administrative claim.
WHAT IS RACIAL DISCRIMINATION IN PENNSYLVANIA? | Race Discrimination Attorney in Pennsylvania
In an effort to protect the rights of individuals, the Commonwealth of Pennsylvania passed the Pennsylvania Human Relations Act, which prohibits employment practices which discriminate against employees, applicants, and independent contractors on the basis of color or race. The legislature passed this law in an effort to protect the earning potential of its citizens, which is necessary to maintain a decent standard of living, relieving the burden of the state to support individuals who are unconstitutionally denied equal employment benefits based on their race.
The PHRA makes it unlawful for an employer to discriminate against any individual in regards to compensation, hiring, tenure, terms, conditions or privileges of employment or contract if the individual is the best and most competent to perform said services. This protection extends to independent contractors and includes labor organizations and employment organization.
Further, it is illegal for an employer to print, publish or caused to be printed or published, any advertisement of a job which indicates a preference, limitation, specification or discrimination based on race. Further, an individual may not substantially confine or limit recruitment or hiring of individuals, with the purpose, express or implicit, of undermining the spirit of the PHRA.
Our highly qualified employment discrimination attorneys at the Derek Smith Law Group, PLLC, have ample experience dealing with the PHRA. The Derek Smith Law Group, PLLC, is willing to work tirelessly to protect your rights to fair and equal employment.
WHAT IS RACIAL DISCRIMINATION LAW IN PHILADELPHIA?
The Philadelphia Commission on Human Relations has passed laws to protect individuals basic right to fair and equal employment. These laws prohibit former, current and potential employers, labor unions and employment agencies, from discriminating against employees based on their race. Under the Philadelphia law, employment discrimination occurs when employment opportunities are denied outright, or when a person is rejected for a new job or promotion. It may also occur when someone is given less favorable employment terms or conditions, with the exception of physical other issues which would make services inaccessible to someone with said disability.
Under Philadelphia law, racial discrimination on the basis of physical characteristics normally associated with a particular race. The law has set out which characteristics are associated with race as follows:
- White is any person who has origins in any of the original peoples of Europe and the Middle East.
- Black/African American is classified as any person having origins in any of the black racial groups of Africa.
- Native Hawaiian/Pacific Islander is any person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
- Asian is classified by any of the original peoples of the far east.
- American Indian/Alaska Native is any person having origins in any of the original peoples of North or South America.
The law also carves out a classification for bi-racial or multi-racial people. It notes that race may be related, but is not synonymous with color.
Our skilled attorneys at the Derek Smith Law Group, PLLC, have years of experience ferreting out employment discrimination claims in Philadelphia. No matter what race you are, you deserve fair and equal protection under the laws and our discrimination attorneys at the Derek Smith Law Group, PLLC are willing to fight for your rights.
Race / Color discrimination lawyers in New York City, New Jersey and Philadelphia |
Employers may solicit the race or ethnicity of employees or applicants in order to track this information for affirmative action purposes. That racial information cannot be the basis for employment.
If you feel you suffered racial discrimination in New York City, New Jersey or Pennsylvania because you are you are white, black / African American, latino, asian or middle eastern, our experienced racial discrimination attorneys in New York City, New Jersey and Philadelphia can discuss the possible legal actions you can take to resolve your racial discrimination case.
Employment Discrimination is illegal! Consult our New York City, New Jersey & Philadelphia Discrimination Attorneys
Laws prohibiting race discrimination in New York City mandate that male and female workers must be treated equally in the workplace, including work rules and compensation. If you have questions about race/color discrimination in New York, New Jersey or Pennsylvania the Derek T. Smith Law Group, PLLC discrimination attorneys in New York City can advise you of your legal rights.
The following links lead to information about common types of discrimination in the workplace:
- Age Discrimination
- Compensation Discrimination
- Employment Discrimination
- Workplace Discrimination
- Ethnic Discrimination
- Sexual Orientation Discrimination
- Religious Discrimination
- National Origin Discrimination
- Pregnancy Discrimination
- Race Discrimination
Contact Our Experienced Race and Color Discrimination Attorneys
If you need a New York City, New Jersey or Philadelphia racial / race / color discrimination law firm or need to speak with our New York City, New Jersey or Philadelphia discrimination attorneys regarding other forms of discrimination, please contact Derek T. Smith, Esq. at the employment law firm of Derek T. Smith Law Group, PLLC by calling our toll-free number 877-469-5297 for a FREE CONSULTATION today.