Which Law Prohibits Employment Discrimination Based on Race or Background?
Federal Law
One of the main laws protecting anyone from discrimination based on race or their background is the Civil Rights Act of 1964-Title VII. It prohibits discrimination based on race or background, as well as color, religion, and sex. Any action that results in an employee being treated worse than others where race or background may be even a factor (it does not have to be the only reason) may be covered. Therefore, being fired, not being hired, being transferred, not being promoted, or getting demoted may be discrimination based on race or background where identity is a factor in the decision or situation.
Also, Section 1981 and Section 1983 of federal law provide critical protections for persons who are discriminated against. Section 1981 prohibits intentional discrimination based on race or background in the making or implementation of any contract. Section 1983 prohibits discrimination under color of state law. This may include discrimination in being treated less favorably based on race or background.
Title VII is especially helpful because but it prohibits supposedly neutral policies. These policies may be discrimination when they have the effect of discriminating against individuals because of their race, color, national background, religion, or sex. Like Section 1981 or 1983, employees do not necessarily need direct evidence of discrimination, like racist or offensive statements or a boss admitting that discrimination has occurred. Circumstantial evidence like statistics and comparisons may be used.
New York Law
New York State Human Rights Law prohibits discrimination against an employee based on race, color, national origin, religion, or sex, like federal law, and also based on citizenship or immigration
status, sexual orientation, gender identity or expression, disability, familial status, marital status, status as a victim of domestic violence, military status, age, or genetic characteristics linked to diseases. It also covers discrimination by a labor union or employment agency. It also prohibits employment harassment because of a person’s identity along these lines, or because he or she has filed a complaint,
testified or assisted in any proceeding relating to discrimination or harassment.
New York City Law
New York City Human Rights Law prohibits discrimination in hiring, interviews, salary, benefits, evaluations, promotions and demotions, discipline and firing, and other decisions that affect the terms and conditions of employment on grounds similar to those in state law. Also the City has protections for an employee’s or potential employee’s arrest or conviction record, caregiver status, credit history, pre-employment marijuana test results, prior unemployment status, sexual and reproductive health decisions, and salary history.
Nassau and Suffolk County Laws
The Nassau County Unlawful Discriminatory Practices Law prohibits discriminatory practices, including hiring, firing, or to discriminate against any individual in compensation or in terms, conditions or privileges of employment, because of the actual or perceived race, color, national origin, disability, age, religion, creed, gender, source of income or sexual orientation of any person.
The Suffolk County Unlawful Discriminatory Acts Law prohibits much of what Nassau County and the state do, as well as discrimination because of alienage or citizenship status or natural hair texture, protective hairstyles, or religious garments or items worn or carried.
It is important to know your rights when it comes to racial discrimination and other employment discrimination. A free consultation can help you understand your rights and take action to protect them.