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.

NYC Race Discrimination Lawyer

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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.

Why Choose Joseph & Norinsberg As Your NYC Race Discrimination Lawyers?

The skilled legal team at Joseph & Norinsberg has over a century of combined experience fighting to protect New York City workers’ rights, including handling a wide range of workplace discrimination cases. Our relentless work ethic and meticulous trial preparation help us achieve a 90% success rate for our clients.

We’re passionate about representing the underdog and combating injustice in the workplace. We approach every case with the empathy and respect the client deserves, keeping workers like you comfortable and supported while we work tirelessly to right the wrongs done to them.

Our Results in Race Discrimination Cases

Our team’s deep experience in handling complex employment law matters has helped us build a strong track record of successful outcomes for clients like you. Noteworthy settlements and verdicts we’ve obtained include the following:

$1.425 Million: Our client faced repeated racial discrimination and mocking in the workplace. He was ostracized by management, suffered a significant drop in earnings, and was denied an extension of his work visa—all while being restricted by a non-compete agreement.
$1.35 Million: We represented 12 individuals in claims of workplace race and gender discrimination and retaliation.

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, national origin, ethnicity, and more.

Workplace discrimination is not always overt or obvious. Subtle behaviors may build over time to establish patterns of discriminatory treatment.

Common Examples of Race Discrimination at Work

Race discrimination in the workplace can surface in any aspect of employment, from hiring to termination. Some of the most common types of race discrimination at work include:

Discriminatory employment practices: Someone with authority favors employees or applicants of one race over others in hiring, promotions, scheduling, and other decisions.
Pay disparities: Some differences in pay rates for similar positions are normal when accounting for seniority, negotiations, and other factors. However, an unjustified gap between an employee’s salary and those of other races can be considered discrimination.
Racial harassment: Offensive comments or jokes, use of racial slurs, and other harassing conduct in the workplace can be considered discriminatory. “Severe or pervasive” harassment is illegal at the federal level, but anything more significant than “petty slights” may violate New York law.
Unequal discipline: When an employee of one race is punished for conduct or behavior that is otherwise consistently overlooked in the workplace, it can be grounds for a race discrimination claim.
Wrongful termination: An employee fired based on race or laid off in favor of similarly less-qualified co-workers of other races may have a discrimination claim.
Exclusion: If an employee is consistently excluded from workplace opportunities, work events, or team-building outings that include employees of other races, it may constitute discrimination.

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

Workplace race discrimination can be hard to prove, but observing and noting differences in your treatment compared to your co-workers can help support a claim. Some red flags of race discrimination to look out for include:

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.
Your co-workers regularly make comments or use language that makes you uncomfortable, even after asking them to stop and reporting the behavior.
You observe that you and other minority co-workers are scolded or written up for minor issues more frequently than others.
After complaining about racial harassment to HR, you suddenly receive fewer hours, an inconvenient schedule, or an unfavorable assignment.

Laws That Protect Employees From Race Discrimination

Federal, state, and local laws prohibit racial discrimination against New York City workers. Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination and harassment nationwide based on a variety of protected characteristics, including race.

The New York State Human Rights Law, or NYSHRL, and New York City Human Rights Law, or NYCHRL, expand upon Title VII to offer even broader protections for employees, including a lower standard for harassment claims.

What Compensation May Be Available?

You may be eligible to seek compensation and other remedies for a variety of damages for workplace race discrimination, including the following:

Back pay for lost wages
Reinstatement to your previous position
“Front pay” for lost future income and benefits, if you cannot reasonably be reinstated
Damages for emotional distress and other impacts on your well-being
Attorney’s fees to cover your legal costs
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.

Speak With an Experienced NYC Race Discrimination Lawyer Today

If you’ve been discriminated against at work because of your race, you deserve justice—and you don’t have to fight alone. The trusted NYC race discrimination attorneys at Joseph & Norinsberg are here to support you and help hold your employer accountable.

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Content Reviewed By:

Jon L. Norinsberg

| Founding Partner

August 12, 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.

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Our Discrimination Law Case Results

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