Race & Nationality Discrimination

Fighting for Your Best Interest

Race & Nationality Discrimination Cases

New York Employment Lawyer Representing Employees Who've Been Discriminated Against

If were discriminated against by the company, corporation, or small business you work for, and the discrimination was because of your race or nationality, it is time for you to take proper legal action.

Learn more about our services by contacting us online.

How We Help Employees Who Were Mistreated in New York

Part of our strategy when managing a race, nationality, or color discrimination case for an employee who was mistreated is by reviewing past company practices to learn if the discriminatory act was an isolated incident. If similar occurrences have happened in the past, we can better prove that the most recent incident was, in fact, discriminatory in nature.

Activities, practices, or decisions that may be discriminatory in nature include but are not limited to:

  • Certain aptitude tests that must be passed before hiring
  • Requiring certain types of dress code at work
  • Sharing crude humor around the office
  • Cutting paychecks or firing an employee unnecessarily or for unfair reasons

Understanding & Complying with Title VII

Title VII is a federal regulation that blocks race and color discrimination and categorizes these characteristics as federally protected classes. Some companies violate this federal protection, to the detriment of their employees. We take the time to go over the policies enforced by your company to ensure there are no gray areas that could have led to the discrimination you experienced.

Protecting Your Rights Against Racial Discrimination

At Nisar Law Group, P.C., we are dedicated to fighting for the rights of individuals who have been subjected to racial discrimination in the workplace. Our experienced New York employment lawyers have a deep understanding of Title VII of the Civil Rights Act of 1964 and other relevant laws that protect employees from discrimination based on race or nationality.

When you choose us to represent you, we will:

  • Thoroughly investigate your case to gather evidence of discrimination
  • Advocate for your rights and seek justice on your behalf
  • Provide personalized legal solutions tailored to your specific situation
  • Guide you through the legal process and explain your rights and options

If you have been mistreated in the workplace due to your race or nationality, don’t hesitate to contact us for a confidential consultation. We are committed to helping you seek the justice and compensation you deserve.

Solutions Tailored for Your Particular Case

Our New York employment attorney uses personalized solutions to get our clients through difficult times. We will do everything in our power to protect you if you were discriminated against in New York.

Get started by calling (212) 600-9534 and asking for a consultation.

Commonly Asked Questions

How can I prove that I have been a victim of racial discrimination at work?

To establish a case of racial discrimination, it is important to gather evidence such as emails, witness testimonies, performance reviews, and any other documentation that demonstrates differential treatment based on race. Consulting with an experienced employment lawyer can help assess the strength of your case and determine the best course of action.

What are the potential remedies for victims of racial discrimination in the workplace?

Victims of racial discrimination may be entitled to remedies such as back pay, front pay, reinstatement, compensatory damages, punitive damages, injunctive relief, and attorney’s fees. The specific remedies available depend on the nature and severity of the discrimination and the applicable laws.

Can I file a racial discrimination lawsuit against my employer?

If you have experienced racial discrimination in the workplace, you have the right to file a discrimination lawsuit against your employer. It is important to seek legal counsel from an experienced employment attorney who can guide you through the process and advocate for your rights.

Frequently Asked Questions About: Race and Nationality Discrimination

What is an example of racial discrimination in the workplace?

Racial discrimination occurs when you’re treated unfavorably because of your race or skin color. Common examples include being passed over for promotions despite strong qualifications while less qualified employees of other races advance, receiving harsher discipline than colleagues of different races for similar infractions, being excluded from important meetings or networking opportunities, or facing racial slurs, jokes, or comments about your appearance or racial characteristics. You might also experience discrimination through being assigned less desirable tasks or shifts, having your ideas dismissed or credited to others, or being subjected to excessive scrutiny that colleagues of other races don’t face.

Another frequent form of racial discrimination involves assumptions about your abilities, work ethic, or cultural fit based on racial stereotypes. This can manifest as being told you’re “not the right fit” for client-facing roles, having managers express surprise at your qualifications or intelligence, being asked to speak for your entire race in diversity discussions, or having colleagues make comments about affirmative action when you achieve success. The key legal standard is whether you’re being treated differently because of your race rather than legitimate job-related factors.

What is an example of nationality discrimination in the workplace?

Nationality discrimination happens when you’re treated unfavorably because of the country you’re from or perceived to be from. Examples include being refused employment because of your accent or foreign-sounding name, being told customers prefer to work with “Americans,” having your citizenship status questioned when it’s irrelevant to your job, or facing harassment about your country of origin through comments like “go back where you came from.” You might also experience discrimination through English-only policies that aren’t job-related, being excluded from advancement opportunities due to assumptions about your cultural background, or having your credentials questioned more thoroughly than those of American-born colleagues.

This type of discrimination can also involve being subjected to increased security scrutiny, having your loyalty to the company or country questioned, facing stereotypes about people from your region, or being assigned only to work with clients or customers who share your background. The discrimination is illegal whether you’re actually from another country or just perceived to be foreign-born. What matters legally is that the unfavorable treatment is based on your national origin rather than legitimate qualifications or job performance.

What is an example of national origin discrimination in the workplace?

National origin discrimination encompasses unfavorable treatment based on your ancestry, birthplace, culture, or linguistic characteristics. Examples include being denied hiring or promotion because of your accent when clear communication isn’t essential to the job, facing harassment about your cultural practices or religious observances tied to your ethnic background, being told you don’t “fit the culture” when this really means you don’t fit racial or ethnic expectations, or having managers make disparaging comments about your home country or ethnic group. You might also face discrimination through being pressured to anglicize your name, having cultural holidays dismissed or mocked, or being excluded from informal networks because of assumptions about your background.

This discrimination can be subtle, such as being consistently interrupted or having your contributions minimized in meetings, being given performance feedback that seems to target cultural communication styles, or having advancement opportunities limited based on perceived language barriers that don’t actually affect your work. The law protects against discrimination based on your ethnic heritage, cultural background, or linguistic characteristics, even if you were born in the United States. What matters is whether the treatment is based on your national origin rather than legitimate job-related factors.

What is an example of cultural discrimination in the workplace?

Cultural discrimination involves unfavorable treatment based on cultural practices, traditions, or characteristics associated with your ethnic or national background. Examples include being denied time off for cultural or religious holidays that aren’t traditionally American, facing criticism for cultural dress or grooming practices that don’t affect job performance, having managers make negative comments about cultural foods you bring to work, or being told your cultural communication style is “too aggressive” or “not assertive enough” based on stereotypes. You might also experience discrimination through being excluded from company events that conflict with cultural practices or having your cultural background used against you in performance evaluations.

This type of discrimination often intersects with national origin or religious discrimination and can include having your accent mocked or imitated, facing assumptions about your work ethic or values based on cultural stereotypes, being expected to educate coworkers about your culture while other aspects of diversity are ignored, or having cultural expressions like art, music, or language dismissed or appropriated inappropriately. The key legal question is whether the treatment stems from bias against your cultural background rather than legitimate workplace concerns that apply equally to all employees regardless of their cultural heritage.

How do you prove race discrimination at work?

Proving race discrimination requires showing that your race was a motivating factor in the unfavorable employment action you experienced. Start by documenting everything – keep records of discriminatory comments, note timing of negative actions relative to your race becoming known to decision-makers, gather evidence of different treatment compared to similarly situated employees of other races, and save emails, performance reviews, and other written communications that might reveal bias. Look for patterns where employees of your race are consistently treated differently in hiring, promotions, assignments, or discipline compared to other employees with similar qualifications and performance.

You can prove discrimination through direct evidence like explicit racial comments or emails, or through circumstantial evidence such as statistical disparities in how employees of different races are treated, suspicious timing of adverse actions, or inconsistent application of policies that disproportionately affect your racial group. Comparative evidence is crucial – show how white employees or employees of other races with similar qualifications, performance, or conduct were treated more favorably. Witness testimony from colleagues who observed discriminatory treatment, expert testimony about discriminatory patterns, and evidence of your employer’s general attitude toward racial diversity can all strengthen your case.

How do you prove national origin discrimination?

To prove national origin discrimination, you need to establish that your national origin, ancestry, or cultural background was a factor in the adverse employment action. Document instances where your accent, name, cultural practices, or perceived foreign status were mentioned in connection with employment decisions. Keep records of comments about your country of origin, questions about your immigration status when it’s irrelevant to your job, or assumptions made about your abilities based on where you’re from. Compare how you’re treated to employees who are perceived as American-born, particularly noting any differences in opportunities, discipline, or evaluation standards.

Evidence can include emails or comments referencing your background, policies that disproportionately affect employees from your region, inconsistent application of English-language requirements, or witness testimony about discriminatory remarks. Pay attention to whether you’re held to different standards than American-born employees, excluded from certain opportunities due to assumptions about your background, or subjected to enhanced scrutiny of your work authorization when other employees aren’t. Statistical evidence showing patterns of disparate treatment of employees from your national origin, along with evidence that legitimate business reasons for adverse actions are pretextual, can also support your discrimination claim.

How to spot a racist at work?

Workplace racism can range from obvious slurs and comments to subtle behaviors that create patterns of discrimination over time. Direct signs include using racial slurs or epithets, making jokes about racial characteristics or stereotypes, expressing beliefs about racial superiority or inferiority, making assumptions about your abilities or behavior based on race, or treating you as a spokesperson for your entire racial group. You might also notice exclusion from informal networks, social events, or important conversations, along with dismissive behavior when you speak or contribute ideas that are later credited to others.

Subtle forms of racism include questioning your qualifications more than they question others’, expressing surprise at your intelligence or capabilities, microaggressions like touching your hair without permission or making comments about your appearance, or consistently interrupting or talking over you in meetings while not doing the same to others. Watch for patterns where your ideas are dismissed but later adopted when suggested by someone else, where you’re assigned less desirable tasks despite qualifications, or where you face harsher criticism or discipline than colleagues of other races for similar performance or behavior. Document these patterns as they can provide strong evidence of discriminatory treatment.

Can I sue my employer for being racist?

Yes, you can sue your employer for racial discrimination if you’ve been subjected to unfavorable treatment because of your race. Under Title VII of the Civil Rights Act and state anti-discrimination laws, employers are prohibited from making employment decisions based on race, and you have the right to seek legal remedies when these laws are violated. You can recover damages including back pay, front pay, emotional distress compensation, punitive damages in cases of intentional discrimination, and attorney fees. However, you typically must first file a charge with the EEOC within 180 to 300 days of the discriminatory act, depending on your state.

Your ability to succeed in a lawsuit depends on having evidence that race was a motivating factor in the adverse employment action you experienced. This can include direct evidence like racial comments or emails, or circumstantial evidence such as suspicious timing, different treatment compared to employees of other races, or patterns of discriminatory behavior. The strength of your case will depend on the documentation you have, witness testimony, and your ability to show that your employer’s stated reasons for the adverse action are pretextual. It’s important to consult with an experienced employment attorney who can evaluate the specific facts of your situation and help you understand your legal options.

What qualifies as workplace discrimination?

Workplace discrimination occurs when you’re treated unfavorably in employment because of your membership in a protected class, such as race, color, national origin, religion, sex, age, disability, or genetic information. This includes decisions about hiring, firing, promotions, pay, benefits, training, and other terms and conditions of employment. Discrimination can be intentional (disparate treatment) where you’re deliberately treated worse because of protected characteristics, or it can result from policies that appear neutral but disproportionately impact protected groups (disparate impact). The key is that the unfavorable treatment must be because of your protected status rather than legitimate job-related factors.

Examples include being passed over for jobs or promotions because of bias, receiving unequal pay for equal work, being subjected to harassment that creates a hostile work environment, facing retaliation for reporting discrimination, or being disciplined more harshly than similarly situated employees of different backgrounds. Discrimination can be obvious and direct, such as explicit statements about not wanting to hire people of certain backgrounds, or subtle and circumstantial, such as patterns of exclusion or different treatment that suggest underlying bias. What matters legally is whether your protected characteristics played a role in the adverse employment action, not whether the discrimination was intentional or obvious.

What are some examples of cultural appropriation in the workplace?

While cultural appropriation itself may not always be illegal discrimination, it can contribute to a hostile work environment or indicate broader patterns of cultural bias that violate employment laws. Examples include employers or colleagues adopting elements of your culture for profit or recognition while excluding or undervaluing employees from that culture, using cultural symbols, practices, or ideas without credit or compensation while discriminating against people from those backgrounds, or celebrating cultural diversity superficially while maintaining discriminatory practices in hiring, promotion, or treatment of employees from those cultures.

Problematic workplace cultural appropriation might involve using your cultural background or ideas for marketing or business purposes without involving or crediting you, hosting cultural events that stereotype or misrepresent your background while excluding authentic voices, or appropriating cultural dress or symbols for company events while criticizing employees who wear traditional clothing. When cultural appropriation occurs alongside discriminatory treatment – such as being excluded from decision-making about how your culture is represented or facing negative consequences for expressing your authentic cultural identity – it can support claims of national origin or racial discrimination and contribute to a hostile work environment.

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