You are not alone if you believe that employment discrimination because of one’s race has risen during the past three years. It has.

Race and color employment discrimination continue to plague our entire country. I saw it first hand living out west, down south, and I know it’s still with us in New York.

The problem is that you have to prove it. Every complainant or plaintiff must prove that race played a role which was not slight or trivial in its decision to take adverse action against an employee. Employment discrimination demands exposing the true or hidden motivations of employers which is never easy to do.

How do we do that? With circumstantial evidence.

Are you one of only a few persons of color in your organization?

Are those who are of different races or colors getting better assignments or pay rates? Have you taken notes to document the because of race employment discrimination? Approximate dates, times, places, and witnesses who can confirm this?

Are you truly committed to stomping out discrimination because of race in the workplace? The fight could be a long one and are you willing to commit the time and effort necessary to pursue such a claim?

Is there a culture of racism in your organization? Some organizations are inherently racist. And the racism can even include “foreigners” in general. You do not have to be African American to be the victim of employment race discrimination although African Americans continue to experience racism in high percentages.

Whether you are from the Dominican Republic, Great Britain, Egypt, Turkey, throughout the Middle East, Asian, Caribbean, South American or from anywhere else in the world you may find yourself being attacked because of race including color, and sometimes national origin. Make notes and keep records.

We are experiencing some very stressful times and you are certainly not alone. The silver lining is that you are in New York where employment discrimination because of race or many other protected classes is strictly prohibited by Executive Law. And that law has been strengthened effective February 8, 2020 so that the severe or pervasive standard will not apply under state law.

Should you still complain? Absolutely, since your employee handbook may require reporting instances of race discrimination but just because you never reported it does not mean that you waived your claims.

Speak with employment lawyers as soon as possible. We can help employees work through these stressful situations and sometimes you have a much better chance of formulating a plausible theory of recovery if you have worked closely with an employment lawyer for some time.

Call around. We welcome calls from around New York State and serve the entire state from Tarrytown, New York. Urba Law PLLC, located at 520 White Plains Rd., #500, Tarrytown, NY 10591 may be reached at (914) 366-7366 or simply fill out the Contact Form on this website and someone will get back to you as soon as possible.

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Urba Law PLLC’s employment law blog aka Employment Law Reality Check.