Experienced New York Employment Lawyers Help Employees Understand Discrimination Laws

Do not allow your career to be influenced by another individual’s bias

According to the U.S. Equal Employment Opportunity Commission, the Civil Rights Act of 1964 prohibits employment discrimination based on an individual’s race or ethnic affiliation. Unfortunately, far too many employers ignore these prohibitions and take adverse action against employees because of their race or cultural heritage.

With more than 70 years of combined experience, the New York employment lawyers at Hepworth, Gershbaum & Roth provide aggressive support to victims of ethnic discrimination in the workplace. Our detailed knowledge of state and federal employment discrimination laws allows us to represent victims in the most complicated of situations.

What is ethnic discrimination?

In short, ethnic discrimination is the act of denying an individual employment, advancement or services based on their race, creed, appearance or culture.

Title VII prohibits harassment, termination and other adverse treatment based on a number of ethnic factors, including:

• Affiliation with an ethnic group: An individual’s affiliation with an ethnic group is a protected subclass under state and federal laws. This means that an individual cannot be denied employment, advancement or equal pay based on their association with an ethnic group. Situations involving interracial couples or mixed families are common in ethnic affiliation discrimination cases. 

• Physical appearance or clothing: Discrimination or harassment based on an individual’s physical appearance or manner of dress is prohibited under Title VII. In addition to dress, physical appearance discrimination can be based on an individual’s accent, linguistic habits and skin color.

• Perceived race: The perception of an individual’s race cannot be considered when making employment or advancement decisions. For instance, overlooking an individual of Japanese descent because of a bias against the Chinese culture is prohibited. These prohibitions also apply to perceived religions, such as Sikh and Muslim biases.  

• Association with an ethnic group: An individual’s association with an ethnic group or organization cannot be considered by an employer. For example, attending a Mosque or working with an ethnically-focused charity are actions that cannot be considered by an employer while making hiring or firing decisions.

Any and all actions based on these factors are prohibited by law. Should you fall victim to such ethnic discrimination or workplace harassment, you have the right to file a charge against the violating party.

How do I file a charge for ethnic discrimination?

If you believe that you have discriminated against because of your ethnicity, you have the right to file a charge with the Equal Employment Opportunity Commission. While it is possible to file such a charge yourself, the guidance of an attorney is recommended to ensure the effectiveness of the filing. Charges of ethnic discrimination must be made within 180 days of the events.

It is also important to note that individuals who file charges of ethnic discrimination are legally protected against retaliation by the employer. This means that your employer cannot terminate, demote or otherwise punish you after learning of the charge.

What resolutions may I expect?

It is impossible to predict the future or any legal case, however you have the right to pursue a number of resolutions to your ethnic discrimination charge. Possible resolutions include:

• Reinstatement to a terminated position

• Financial compensation

• Resumption of benefits

• Court-ordered advancement

Schedule a consultation to discuss your case and begin the process of filing a charge

At Hepworth, Gershbaum & Roth, our New York employment lawyers take an aggressive stance against ethnic discrimination in the workplace. We provide the informative and detailed legal advice you need to better understand your situation and options for finding justice for your mistreatment.

To schedule a free consultation with one of our New York employment law attorneys, contact us online or call 212-545-1199 today.