Discriminated employees include ones whose race or national origin motivated discriminatory animus against them.

Race and national origin discrimination can occur silently. Words do not have to be spoken. Actions sometimes speak louder. 

A long-term employee, with a positive performance record, strong evaluations, and limited pay increases or promotions might have a plausible theory of race discrimination. The same applies to immigrants who work hard within corporate cultures which claim to be accepting but are actually the opposite. Sometimes it’s just being the only employee in your department from a protected class, repeatedly passed over, underpromoted, or underpaid.

It’s circumstantial evidence. Smoking-gun evidence, even including recorded statements, rarely exists, nor self-proves, race discrimination. Proving that a manager is motivated by race or national origin is challenging. But those managers exist and are very real.

The video below explains why a potential client’s facts are more important than conclusions drawn and why speaking with many employment lawyers is a good idea.

Video transcript on why it’s so important to speak with employment lawyers at some length to determine whether discrimination may have motivated an employment action:

Hi, I’m Jonas Urba, a New York employment lawyer, here with Employment Law Reality Check. Is race discrimination at play in your workplace? Maybe. It’s a question that comes up quite a bit. Many times I’ll hear someone say “I was discriminated”. That is not a fact by itself. Facts are what prove your case. For example, let’s say that new management took over at your job and you notice that minorities are losing their jobs. The fact that more people who are minorities are being let go or are forced to quit is a fact. But stating, “I was discriminated” is a conclusion. And conclusions don’t prove cases. So, what we look for is whether you were paid less than non-minorities? Was it because of your race that you were not promoted? Those are facts. And facts are what circumstantial evidence and motivation is made of. For example, we don’t usually have employers or managers saying “I don’t like someone because of their race” or using racial negative words. That usually doesn’t happen. What we usually see is that the facts, for example of who’s paid how much, how many people are being fired, how many people are being promoted, and what the actual demographics of a workplace is, those are the facts that we are most interested in. Many times someone will call me and I notice that they are not even saying anything about race discrimination. And I realize that they don’t even realize that it’s race discrimination. A lot of times I might be the person who points out “do you think it might have been race”? And all of a sudden the person starts telling me some incidents or they reveal some emails or they’ll reveal a recent performance evaluation or something that indicates that it may have been race. We never know for sure whether it was motivated by race. Whether you were not promoted or fired because of your race. We’re looking for the motivations of an employer and why they did something. And that’s usually circumstantial evidence. It’s not like direct evidence where someone tells you something. It’s something that we gather from all of the information that you provide to a lawyer. So the best thing to do if you lose your job or you’re not promoted or something is going on at work that doesn’t seem right, just stating that it’s discrimination by itself is not gonna do it. You’ll have to come up with some facts to support that. But if you call a lot of employment lawyers, you start speaking with employment lawyers, many lawyers will ask you questions, they will ask you very direct questions, and the conversation may lead to a plausible theory of discrimination. You need a plausible theory of discrimination to prove race discrimination or some other type of discrimination. Best thing you can do? Call a bunch of employment lawyers. You can call me. My name’s Jonas Urba, I serve the entire state of New York and I can be reached at (212) 731-4776. Attorney Advertising.

  • Race discrimination
  • Gender discrimination
  • Disability discrimination
  • LGBTQ discrimination
  • Hostile workplaces which sometimes include multiple protected classes.

V. Jonas Urba, Esq.’s YouTube Channel

Urba Law PLLC Fights Gender, Hostile Workplace, & Pay Inequity Discrimination

Urba Law PLLC Fights Disability Discrimination

Urba Law PLLC’s Severance Blog

Urba Law PLLC Contact Us About

Workplace Race Discrimination Poster from New York’s SDHR

Urba Law’s video on Race Discrimination in New York

Urba Law’s video on Discrimination Claims, Contingent Fees, Settlements

Urba Law’s video on Probable Cause being just the Start of a Claim

Urba Law’s video on representing Discriminated Employees Statewide

Urba Law’s video on Legitimate Non-discriminatory Reasons vs. Retaliation

Urba Law’s video on why Discriminated Employees should contact Lawyers before going to Media

Urba Law’s video on why Employers don’t have to be Nice but can’t Discriminate

Severance Blog on Black NYC Firefighters with Disabilities