What To Do If You Are Being Discriminated Against Because Of Your Race In A NYC Workplace

If you have been the victim of workplace race discrimination, you have rights. But you must be able to prove that discrimination actually occurred in order to recover damages. Although direct evidence of discrimination—such as text messages or emails—is ideal, more often than not, victims must resort to indirect evidence to substantiate their claim.

What is disparate impact discrimination?

When a company policy applies to all employees but negatively impacts certain employees due to race, gender, religion, or another protected category, it may be considered to have disparate impact. Even when the intent is not discriminatory, the impact might be. For example, when all employees have to meet a specific strength requirement, a disproportionate number of female employees might be negatively impacted; this may indicate gender-based disparate impact discrimination

Can an employer require me to identify my race?

Generally speaking, employers should not require a job applicant to disclose race information unless the information is necessary for a legitimate need, such as tracking for affirmative action purposes. But even in the case of a legitimate need, employers should allow the information to be reported separately and confidentially, so as not to allow race information to factor into the decision-making process.

Can I be discriminated against by someone of the same race as me?

Absolutely. If the act or behavior falls under the category of race discrimination, the fact that the perpetrator is the same race as the victim should have no bearing.

Workplace Race Discrimination Lawyer in New York City

OVER

$250+ MILLION

RECOVERED

Key Takeaways

Race discrimination in the workplace is unfavorable treatment based on race, skin color, ethnicity, and other traits.
Bias in hiring and promotion decisions, race-based harassment, and exclusionary policies can all be forms of race discrimination.
New York City workers are protected from discrimination based on race by federal, state, and local laws.
The NYC race discrimination lawyers at Joseph & Norinsberg have over 100 years of combined experience defending workers’ rights, winning millions of dollars in compensation for victims of workplace race discrimination.

No one should be passed over, underpaid, harassed, or fired because of their race. If that has happened to you, a workplace race discrimination lawyer in New York City at Joseph & Norinsberg can help you hold your employer accountable.

Our skilled New York City workplace discrimination lawyers have 100 years of collective experience fighting to protect workers’ rights. Our premier employee-side firm is built around one commitment: Justice for the Employee. We’re passionate about representing the underdog, and we approach every case with the empathy and respect it deserves.

Our Results in Race Discrimination Cases

Our New York City employment lawyers’ deep experience has helped us build a strong track record. Some noteworthy settlements and verdicts that our New York City workplace race discrimination lawyers at Joseph & Norinsberg have obtained include the following:

$1.425 million: After enduring ongoing racial ridicule on the job, our client was frozen out by his managers, lost a substantial share of his income, and was refused a work visa extension while a non-compete kept him from moving on.
$1.35 million: Our team secured this recovery for a group of 12 workers who alleged they were targeted because of their race and gender and then retaliated against.

It’s important to note that our past results do not guarantee future outcomes. Schedule a free consultation with our team today to find out how much your case might be worth.

What Is Race Discrimination in the Workplace?

Race discrimination in the workplace occurs when employers treat employees or job applicants disparately or unfavorably based on racial characteristics, including skin color and ethnicity. Workplace discrimination is not always overt or obvious. Subtle behaviors may build over time to establish patterns of discriminatory treatment.

Our New York City workplace race discrimination attorneys at Joseph & Norinsberg have extensive experience identifying and proving workplace discrimination based on race. We will conduct a thorough investigation of the mistreatment you’ve faced and file a well-supported claim for compensation.

Common Examples of Race Discrimination at Work

Race discrimination in the workplace can surface in any aspect of employment, from hiring to termination. Common examples of workplace discrimination based on race include, but aren’t limited to, the following:

Discriminatory employment practices: Someone with authority favors employees or applicants of one race over others in hiring, promotions, scheduling, and other decisions.
Pay disparities: An unjustified gap between an employee’s salary and those of co-workers of other races can be considered discrimination.
Racial harassment: Offensive comments or jokes, racial slurs, and other harassing conduct can create a hostile work environment.
Wrongful termination: An employee fired based on race or laid off in favor of less-qualified co-workers of other races may have a discrimination claim.

If you’ve faced one of these forms of discrimination, our team at Joseph & Norinsberg is here to help. Your workplace race discrimination attorney in New York City will build a case against your employer and fight for the justice and remedies you deserve.

How Do You Know if You Have a Race Discrimination Claim?

You may have a race discrimination claim if you notice you are treated differently than co-workers of other races in ways that affect your job. Some red flags that signal the presence of race discrimination include the following:

You received an unexpectedly negative performance review shortly before being fired for “performance issues”
You were denied a job or promotion in favor of a less-qualified candidate of another race
After complaining about racial harassment to HR, you suddenly receive fewer hours or an unfavorable assignment

One way to identify racial discrimination at your job is to consider whether you are being treated differently than other employees in a similar situation who are of a different race. For example, if a co-worker of a different race with the same job and the same performance level gets promoted while you don’t, you may have experienced racial discrimination.

Our workplace race discrimination lawyers in New York City at Joseph & Norinsberg can assess the treatment you’ve faced and determine if you have grounds for a discrimination claim.

Laws That Protect Employees From Race Discrimination

Federal, state, and local laws protect New York City workers from race or color discrimination. Joseph & Norinsberg’s New York City workplace race discrimination attorneys can use the following laws to build a strong claim on your behalf:

Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination and harassment nationwide based on protected characteristics, including race.
The New York State Human Rights Law (NYSHRL), Executive Law § 296, states that harassment can be illegal even if it is not “severe or pervasive.” The New York State Division of Human Rights enforces the NYSHRL.
The New York City Human Rights Law (NYCHRL) expands upon Title VII to offer even broader protections for employees and is also enforced by the NYC Commission on Human Rights.

Compensation a Workplace Race Discrimination Attorney in New York City Can Pursue

The compensation that may be available for workplace race discrimination includes economic losses, emotional harm, and, in some cases, punitive damages. Joseph & Norinsberg’s New York City workplace race discrimination attorneys may pursue:

Back pay for lost wages
Reinstatement to your previous position
“Front pay” for lost future income and benefits
Damages for emotional distress
Attorney’s fees
Punitive damages, in rare and particularly severe cases

Frequently Asked Questions

Can I File a Race Discrimination Claim if I Still Work for My Employer?

Yes, you can file a race discrimination complaint while still employed. If your employer penalizes you for reporting race discrimination, it can be considered illegal retaliation.

What Evidence Is Most Helpful in a Race Discrimination Case?

Written communications with your employer, company policies, witness testimony, and employment records, such as performance reviews, can all serve as key evidence in a race discrimination case. Your own written notes documenting your experiences can also help corroborate your claims.

Can Racial Harassment By Co-workers Be Illegal?

Yes, race-based harassment in the workplace is illegal under state and federal law. Harassment is illegal under federal law if it is “severe or pervasive,” but New York has a lower bar for harassment claims.

How Long Do I Have to File a Race Discrimination Claim in New York?

You have three years to file a race discrimination lawsuit or submit a complaint to the New York State Division of Human Rights. However, you only have one year to file a complaint with the New York City Commission on Human Rights, and only 180 to 300 days to file a complaint under federal law with the U.S. Equal Employment Opportunity Commission, or EEOC.

Speak with a lawyer as soon as possible to determine the best path for your claim and ensure you meet the filing deadline.

How Long Do I Have to File a Race Discrimination Claim in New York?

You generally have 300 days to file a charge with the EEOC. Separately, you have three years to file a complaint with the New York State Division of Human Rights. In New York City, EEOC charges are handled by the agency’s New York District Office at 33 Whitehall Street.

The three-year state deadline applies to incidents on or after February 15, 2024, under a 2024 amendment to the statute of limitations. Earlier incidents had a one-year window.

Our workplace race discrimination attorneys in New York City at Joseph & Norinsberg can make sure your claim is filed on time and in accordance with all legal requirements.

Speak With an Experienced NYC Race Discrimination Lawyer Today

At our firm, we take on high-stakes legal matters, hold employers accountable, and care deeply about the clients we work with. We are real trial lawyers who work on contingency, so you don’t pay unless we win.

If you’ve faced race discrimination at work, you don’t have to fight alone. The trusted attorneys at Joseph & Norinsberg are here to support you and help hold your employer accountable. Contact us today for a free consultation with a workplace race discrimination lawyer in New York City. Justice for the employee.

Consult With Our Legal Team

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

First Name*

Last Name*

Email*

Phone*

HOW WOULD YOU LIKE TO BE CONTACTED?

Brief Description of Your Legal Issue

Call us at (212) 227-5700

Content Reviewed By:

Jon L. Norinsberg

| Founding Partner

November 6, 2026

Jon Norinsberg is one of New York City’s leading civil rights and trial attorneys, with decades of experience litigating high-stakes constitutional and employment disputes. Jon is known as a fearless, battle-tested trial lawyer who takes on powerful corporations, government entities, and public institutions in cases involving civil rights violations, police misconduct, discrimination, retaliation, and wrongful conduct.

CLIENT TESTIMONIALS

"Very attentive and responsive firm. Their attention to detail and knowledge of discrimination is very assuring. Recommend highly."

"Experts in discrimination law - highly recommend."

"Great firm and quality service. Highly recommend them for discrimination and wage issues."

"Very attentive and patient professionals. They’re a must for discrimination and pay issues in the workforce."

Our Discrimination Law Case Results

$3 MILLION

Increased client’s severance for being discriminated against for their disability.

$1.35 MILLION

Defended 12 individuals facing discrimination and retaliation based on race and gender in the workplace.

$1.25 MILLION

Race discrimination case against a luxury brand in the fashion industry (confidential).