The Surge of Anti-Asian Discrimination During and After COVID-19

Published by Ty Hyderally at April 12, 2024

Impact of the Pandemic on Escalating Discrimination

The COVID-19 pandemic witnessed a notable escalation in anti-Asian discrimination, marked by a stark rise in hate crimes. According to FBI statistics, incidents of anti-Asian hate crimes in the U.S. surged from 158 in 2019 to 746 in 2021, before slightly decreasing to 499 in 2022. This upsurge was largely fueled by rhetoric attributing blame to Asians for the pandemic, exemplified by terms like the “Chinese Virus.”

Research conducted by the Pew Research Center revealed that 35% of Asian women and 28% of Asian men reported knowing someone who had been threatened or attacked due to their race during the pandemic. Such pervasive fear and vulnerability underscored the urgent necessity for societal reform and enhanced legal protections against racial discrimination.

Personal Narratives and Community Impact

Firsthand accounts from Asian Americans vividly illustrate the harsh realities of anti-Asian discrimination. Instances ranging from verbal abuse to physical assaults and social marginalization were reported across the nation. For instance, a woman in her late twenties recounted being physically accosted by an elderly Caucasian woman who labeled her as “disgusting” and attempted to strike her. In another instance, a Chinese immigrant found derogatory messages affixed to his dormitory door, unjustly holding him accountable for the virus.

These incidents not only inflict individual harm but also evoke a pervasive sense of fear and alienation within the broader Asian American community. Many individuals within this community resonate deeply with each other’s experiences of discrimination, with 63% expressing concern over insufficient attention given to Asian racial issues in the United States. This collective sentiment underscores the criticality of unified action and solidarity in combating racial injustices.

Government and Community Responses

In response to the escalating tide of anti-Asian hate, a range of federal and state-level initiatives have been introduced. The U.S. Commission on Civil Rights has taken proactive measures, issuing reports and recommendations aimed at enhancing hate crime reporting and prevention efforts. The New Jersey Supreme Court also reaffirmed employees of all races’ rights to speak freely regarding harassment and discrimination they experience. Concurrently, grassroots organizations such as Stop AAPI Hate have played a pivotal role in documenting incidents and providing responsive measures against anti-Asian discrimination.

Local governments and advocacy groups have also intensified their efforts. Notably, in New York City, nearly half of Asian Americans reported experiencing hate incidents, prompting municipal authorities to enact new protective measures and bolster support for affected communities. In New Jersey, the state Supreme Court reaffirmed employees’ rights to speak out against harassment and discrimination without fear of reprisal.

Ty Hyderally’s Perspective on Combatting Workplace Discrimination

As a practitioner in employment law, I regularly witness the detrimental impacts of racial discrimination within workplace environments. At our firm, Hyderally & Associates, we are steadfast in our commitment to combatting these injustices and securing equitable outcomes for victims. Our approach encompasses litigation on behalf of individuals and advisory services aimed at guiding employers on best practices to prevent discriminatory practices.

A notable case handled by our firm involved systemic discrimination against a group of Asian employees within a large corporation. These employees were systematically overlooked for promotions and subjected to racist remarks from their colleagues. Through strategic advocacy, we successfully secured a substantial settlement, sending a resolute message that workplace discrimination predicated on racial grounds will not be tolerated.

Our methodology at Hyderally & Associates is comprehensive, emphasizing the importance of educating employers on fostering inclusive work cultures and adhering to anti-discrimination statutes such as Title VII of the Civil Rights Act of 1964. This landmark legislation prohibits employment discrimination based on race, color, religion, sex, or national origin, providing a robust legal framework for addressing and rectifying discriminatory behaviors. By ensuring adherence to these legal standards, we strive to preempt discriminatory practices and safeguard the dignity and rights of all employees.

Legal Frameworks and Enforcement

Anti-Asian discrimination, akin to all forms of racial discrimination, is underpinned by several pivotal legislative measures. The Civil Rights Act of 1964, notably Title VII, assumes a pivotal role in combatting employment-based discrimination. This statute mandates that employers refrain from discriminatory practices based on race, color, religion, sex, or national origin, furnishing aggrieved individuals with legal avenues to seek redress.

Furthermore, the Hate Crimes Prevention Act of 2009 broadens prosecutorial capabilities against hate crimes, allocating federal resources to address offenses motivated by race, color, religion, national origin, gender, sexual orientation, gender identity, or disability. This legislation has proven instrumental in prosecuting cases of anti-Asian hate crimes, ensuring that offenders face substantive legal consequences.

Looking Ahead

While the decline in reported incidents during 2022 offers a glimmer of optimism, the battle against anti-Asian discrimination remains an ongoing endeavor. It necessitates persistent educational initiatives, robust legal frameworks, and an unwavering commitment to fostering inclusivity. As more Asian Americans share their narratives and communities unite in solidarity, there exists a promising prospect for effectuating substantive strides in eradicating deeply entrenched prejudices.

Collective efforts are indispensable in guaranteeing that Asian Americans can navigate their lives devoid of the specter of discrimination, contributing towards a society that champions equity and justice for all.