Florida and New York Race Discrimination

At O’Connell Law, PLLC we are dedicated to protecting the rights of individuals who face race discrimination and color discrimination at work. One of the critical areas of employment law we focus on is race and color discrimination. If you believe you have been discriminated against based on your race or color, our experienced attorneys are here to guide you through the legal process and advocate for your rights.

What is Race Discrimination and Color Discrimination?

Race discrimination occurs when an individual is treated unfavorably due to their race, ethnicity, or national origin.

Color discrimination refers to unfavorable treatment based on the color of one's skin or other characteristics, which can be distinct from race discrimination.

Both forms of discrimination are illegal under federal and state laws.

What laws protect employees from race discrimination?

There are multiple federal, state, and even sometimes city legal protections that prohibit race discrimination in the workplace, and allow for damages if employees are harmed due to an employer’s violations.

Race Protections Under Federal Law

• Title VII of the Civil Rights Act of 1964: forbids employers from discriminating against employees or job applicants based on race, color, religion, sex, or national origin. It specifically makes it unlawful for an employer to make employment decisions based on racial or color biases, such as in hiring, firing, promotions, allowing a racist workplace, or other aspects of employment. The statute of limitation under Title VII, is typically 180 to 300 days from the date of the alleged discrimination, and claims must first be filed with the EEOC or state agency. 42 U.S.C. § 2000e-2.

• Section 1981 of the Civil Rights Act of 1866: provides that all individuals, regardless of race, have the right to make and enforce employment contracts, this includes the right to be free from racial discrimination in hiring, firing, promotions, and other terms and conditions of employment. Unlike other statutes, under Section 1981 race claims must be filed within four years of the discriminatory act. 

Race Protections Under New York State Law

• New York State Human Rights Law (NYSHRL): prohibits employers to discriminate against employees based on race or color. This law provides broader protections than federal law and covers more employers, including those with fewer employees. N.Y. Exec. Law § 296.

• New York City Human Rights Law (NYCHRL): offers expanded protections against race and color discrimination for employees within New York City. It prohibits race and color discrimination in all aspects of employment and mandates that employers take proactive steps to prevent discrimination. N.Y.C. Admin. Code § 8-107

Examples of Race and Color Discrimination:

Race and color discrimination can manifest in various ways in the workplace, including but not limited to:

• Racist Comments and Conduct: Racial slurs, offensive terms, or insensitive “jokes” related to a person’s race or ethnicity, that are based on racial stereotypes that demean persons of certain races. For example, based on our recent cases: throwing bananas at black employees, calling persons from the middle east “terrorists,” "You people are all the same," "Where are you really from," "You look so exotic," "Is that your real hair," or "You people always do [insert behavior].”

• Hiring and Firing: Refusing to hire or firing an employee based on race or skin color, rather than qualifications or performance.

• Promotions and Pay: Denying promotions, raises, equal pay or other benefits to employees based on their race or color.

• Job Assignments: Assigning less desirable tasks or roles based on race or color biases. Harassment: Subjecting employees to derogatory comments, racial slurs, or hostile work environments based on race or color.

• Training and Development: Excluding employees from training opportunities or professional development based on their race or skin color.

• Retaliation for Complaints: Employees who complain about race or color discrimination face retaliation, such as demotion, increased scrutiny, or other adverse actions.

How can a race discrimination attorney help? 

If you believe you have been a victim of race or color discrimination, don't hesitate to learn about your rights, or take action. Speaking to an experience lawyer can help evaluate the details of your case, determine the best legal strategy, and provide tough representation in negotiations, mediation, and litigation. You are not alone in this stressful time and can have guidance to make sure your claims are handled properly so you can maximize success in settlement or in court.

Do not be afraid to stand up for your rights. Do not let your horrible boss or neglectful company back you into a corner. Contact the race discrimination attorneys of O’Connell Law, PLLC today to learn more about your rights in the workplace and to see if your case qualifies as a FREE initial consultation. Email us at Office @KellyOconnellLaw.com or call one of our offices:

• Florida Office: (305)209-9246 - 175 S.W. 7th Street, Suite 2410, Miami, Florida 33130
• New York Office: (908)274-1807 - 305 Broadway, Suite 711, New York, NY 10007

Written by Kelly O’Connell, the founding partner of O’Connell Law, PLLC. Ms. O’Connell focuses her practice on employment law and discrimination litigation in New York and Florida. With over 12 years of legal experience, she has helped her clients recover millions.