Workplace discrimination is prohibited by Title VII of the Civil Rights Act of 1964. This federal law bans employment discrimination based on “race, color, religion, sex and national origin”.
Title VII covers all types of employer actions, including promotions. Failing to promote an employee on a discriminatory basis is illegal, and considered a case of promotion discrimination, or wrongful failure to promote.
If you or someone you know believes they are a victim of promotion discrimination, contact a seasoned and aggressive lawyer in NYC right away to learn about your rights and obligations under the law, as well as time limits for filing a charge.
What is Discrimination?
When an employer makes a decision that affects pay rate, whether or not to hire a candidate, promotions, benefits or job title based on characteristics listed in Title VII, federal law has been violated. Furthermore, it is likely state law has been broken as well.
For instance, the New York State Division of Human Rights and NYS Department of Labor also prohibit employment discrimination based on the same factors as those listed by the Equal Employment Opportunity Commission (EEOC) and add further characteristics under the protection of the law.
Because a discrimination claim must be filed with the EEOC if a violation occurs, a skilled and knowledgeable discrimination lawyer in NYC should be immediately hired to handle the case.
Telltale Signs of Workplace Discrimination
The law does not require an employer to offer promotions to employees, however, denying an employee a promotion simply because of their minority status is prohibited under the law. While there are some cases in which direct evidence exists of race discrimination, these are few and far between. More often than not, an employee has to prove discrimination using indirect evidence.
To prove that an employer has passed an employee for a promotion based on their minority status, a victim would have to have comments that were made that justify the promotion was not given specifically because of race.
Below are a few telltale signs of race-based workplace discrimination:
- Segregating employees of a particular race in certain jobs;
- Treating an employee differently for associating with people of a particular race;
- Making decisions based on stereotypes about race;
- Making decisions based on conditions that correlate to race; and
- Making distinctions based on skin color.
Race-based harassment – such as telling racist jokes or threatening an employee because of his or her race – is also illegal. In order to successfully prove discrimination based on race, a victim must be able to show that they were subjected to a negative job action as a result of this characteristic. Being passed over for a promotion simply because you are a minority would fall under the purview of a negative job action.
Reach Out to Levine & Blit, PLLC Today
If you or someone you know has been the victim of workplace discrimination because of minority status or is facing any other form of employment discrimination, there may be grounds for an EEOC charge and eventually a lawsuit. Due to the complexities of federal and state laws, and the burden of proof to show discrimination occurred, discrimination lawyers in NYC should be sought immediately. The knowledgeable employment law attorneys at Levine & Blit, PLLC have more than 30 years of litigation and settlement experience representing clients nationwide. Call (212) 967-3000 for a free, initial consultation