The specter of race discrimination has plagued America from its very founding. Although, historically, the marginalization of certain racial groups is as American as apple pie, the country has made significant strides towards racial equality.
Nonetheless, race discrimination is still alive and well today. While less blatant forms of race discrimination are less frequent and generally stigmatized, more subtle forms of race discrimination, including disparate impact discrimination, are still an all too prevalent reality of the modern workplace.
For example, policies or evaluation systems that permit subconscious racial biases to affect hiring, compensation, and/or promotions may violate federal, state and New York City law under a disparate impact theory of liability. Similarly, some policies or practices of excluding applicants with certain types of criminal histories may also violate anti-discrimination laws because of a disparate impact on racial groups subjected to disproportionate contact with law enforcement and the criminal justice system.
Race discrimination complaints are still the largest proportion of complaints filed with the EEOC
Federal, New York State, and New York City law all prohibit race discrimination in employment. New York City law provides the broadest scope of anti-discrimination protections