The Sanders Firm, P.C.: New York Color Discrimination Lawyer
The Sanders Firm P.C., which is headquartered in New York City, represents those who have faced color discrimination when seeking employment or when employed. Color discrimination is a serious issue in any part of the United States, but in New York City, which is the financial center of the world and one of America’s most robust cities, it is especially worrisome. The workforce in New York is composed of people from every part of the globe and of every color. Thus, color discrimination can be a very real problem for those seeking employment.
As the world economy changes and New York continues to be a vital part of that change, it is expected that the City will continue to be a place that is home to an extremely diverse population. In many ways, New York is ideally situated as in today’s world as owners, customers and various stakeholders in corporations require that a diverse staff of employees be hired. In this context, The Sanders Firm, P.C. is available to advise and represent employees and job applicants alleging color discrimination in employment. This includes discrimination due to national origin, citizenship and immigration status, which are variants of race discrimination.
Those filing a claim for color discrimination will often do so under Title VII of the Civil Rights Act of 1964, the NYSHRL, and NYCHRL. In some cases, the Civil Rights Act of 1866, 42 U.S.C. §1981 and/or Civil Rights Act of 1871, 42 U.S.C. § 1983 may also be utilized.
The Immigration Reform and Control Act of 1986 (IRCA)
It is illegal under the Immigration Reform and Control Act of 1986 for an employer to discriminate in terms of color when hiring, firing, or laying off an employee. Color discrimination, which applies to all companies that hire 15 or more employees, also pertains to federal, state and local governments as well as employment agencies and labor organizations. The IRCA is also concerned with employers charging a referral fee that is based upon an individual’s color, citizenship, or immigration status and with recruitment practices in relationship to these issues. In essence, if someone is qualified by law to work in the United States they may not be treated differently than other applicants or employees based on their color.
Other aspects of the IRCA include the prohibition on employers of just hiring U.S. citizens or lawful permanent residents unless they are required to do so by law, regulation, or government contract. In confirming employment eligibility in regards to verification methods for the Department of Homeland Security (DHS) Form I-9, an employer may not in any manner discriminate based on someone’s color, national origin, or citizenship status. It is the employee’s choice as to which of the acceptable Form I-9 documents they decide to show in order to verify employment eligibility.
Harassment and Retaliation
The Sanders Firm, P.C. is dedicated to fighting against all color discrimination in the workplace including that, which is concerned with harassment. Harassment due to someone’s color is unlawful. In addition, if someone alleges or complains about what they consider an employer’s discriminatory practices, that employer may not retaliate. It is illegal for an employer to retaliate against an employee because they have filed a charge regarding color discrimination or for their testifying, or participating in any way in an investigation, proceeding, or other litigation related to the IRCA. The IRCA applies to employers with 4 or more employees, including federal, state and local governments as well as employment agencies and labor organizations. The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is charged with enforcing the law under the IRCA.
New York State and City Laws
The New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL) are applicable to employers with 4 or more employees. Both the NYSHRL and the NYCHRL provide broader protections than those found in the IRCA. Under the NYCHRL, race, color, national origin, alienage or citizenship status discrimination is unlawful.
Contact Us Regarding Color Discrimination
If you believe that, you have suffered from color discrimination contact The Sanders Firm, P.C. in New York. We will review your claim thoroughly, providing you with an outline of possible actions you may wish to take. The Sanders Firm, P.C. is experienced and knowledgeable in the area of color discrimination law and is ready to be your voice for justice