New York City may be one of the most diverse cities in the United States, but citizens may still experience racial discrimination in the workplace. Fortunately, workers are protected by some of the most robust anti-discrimination laws in the country. The city strictly prohibits prejudicial treatment across all five boroughs and protects several classes in employment.
Protecting from discrimination in NYC
As a New Yorker, you have the right to work free from harassment and hostility, no matter your skin color. You do not need proof of extreme or pervasive behavior for the government to take you seriously. New York City Human Rights Law (NYCHRL) considers illegal discrimination disparate treatment—when an employer treats an employee like you “less well” than others just because of age, gender and yes, race.
So, does your boss leaving you out of meetings count as disparate treatment? In certain cases, yes. Exercising your right to protect yourself from racial discrimination in the workplace starts when you recognize that you are a target.
Recognizing patterns of exclusion
There are multiple protected classes under New York City Human Rights Law. NYC does not require extreme or extensive behavior for disparate treatment, like in federal law and many other jurisdictions. The NYCHRL is worker-friendly, and while employers can assert legitimate, non-discriminatory reasons for their actions, employees only need to prove race is one of the motivating factors.
To victims of racial discrimination, the subtle hostility can increase gradually. The following are examples of exclusionary behavior:
- Coworkers shunning you at team lunches and events
- Peers “forgetting” to invite you to a meeting and finally
- Bosses passing you over for promotions and ignoring hard work
If your employer singles you out just because of your skin color then that is disparate treatment. Systemic patterns of exclusion violate the NYCHRL because they count as discrimination. Your coworkers excluding you is part of wider discriminatory patterns in the workplace. Exclusion based on race is highly illegal (but difficult to spot at first).
Defending against exclusionary behavior
If you spot patterns of exclusion in your workplace, there are several measures you can take to defend against this behavior. If you intend to pursue a case, documenting everything is key: save email threads recording confirmation of exclusion, track timelines of every missed meeting and note down key individuals.
Try resolving the issue internally, as companies do have to take you seriously for any instances of racial discrimination due to strict NYC law. Follow company procedures for HR complaints or file an internal report. And if that fails, you can file a formal complaint at the following agencies:
- New York City Commission on Human Rights (NYCCHR)
- US Equal Employment Opportunity Commission (EEOC)
- New York State Division of Human Rights (NYSDHR)
Keep in mind that each of the following agencies have their own portal, timeline and process for reporting discriminatory acts. With the complex systems behind navigating cases for racial exclusion, considering legal assistance is a wise option. A law professional well versed in employment discrimination can assess the strength of your case.