Workplace Discrimination in New York
Strong Legal Protections. Clear Guidance. Dedicated Advocacy
New York has some of the strongest anti-discrimination laws in the country. Employers may not treat employees differently because of personal characteristics protected under federal, state, or city law. When discrimination affects pay, promotions, assignments, evaluations, or causes a hostile work environment, employees have legal remedies available.
My role is to analyze the facts carefully, explain your rights clearly, and pursue the strongest strategy supported by the evidence. As a selective solo practitioner, I take on a limited number of cases so each matter receives my close attention from the outset.
What Counts as Discrimination?
Under federal law (Title VII, ADA, ADEA), New York State Human Rights Law, and New York City Human Rights Law, employers cannot take adverse actions against employees because of a protected characteristic. Protected categories include:
- Race
- Color
- National origin
- Gender and gender identity
- Sexual orientation
- Age
- Disability
- Pregnancy
- Religion
- Marital status
- Domestic violence victim status
- Military or veteran status
Discrimination does not require overt hostility. It often appears through patterns, inconsistencies, or shifts in treatment that become clear only when examined closely.
Common Forms of Workplace Discrimination
Unequal Treatment
Being paid less, assigned less favorable shifts, denied opportunities, or subjected to harsher discipline than peers outside your protected category.Hostile Work Environment
Severe or pervasive conduct that makes the workplace intimidating, abusive, or offensive. New York law is broader than federal law and often covers behavior that does not rise to the federal threshold.Discriminatory Termination or Demotion
If protected characteristics influenced the decision to terminate, demote, or reduce hours, the law may provide relief even when employers claim “performance issues.”Failure to Accommodate Disabilities or Pregnancy
Employers often fail to engage in the legally required cooperative process or deny reasonable accommodations that would allow employees to work safely and effectively.Retaliation After Complaining
Employees frequently experience retaliation after reporting discrimination. Retaliation is a separate violation, which may entitle you to additional damages.How I Evaluate Discrimination Cases
Discrimination cases require careful review of the facts, because the law rarely relies on one dramatic incident. Instead, the evidence often appears in patterns: emails, performance evaluations, changes in duties, comparisons with coworkers, or shifts in treatment after you assert your rights. When I take a discrimination case, I examine:
- Timelines of events
- Written and electronic communications
- Job performance records
- Handbooks, policies, and internal procedures
- How similarly situated employees were treated
- Any complaints you made, and the employer’s response
- Witness statements when available
Because I limit my caseload, I stay personally involved throughout the process and keep clients informed at every stage.
Remedies Available
Depending on the facts and laws involved, employees may pursue:
- Lost wages
- Front pay
- Compensatory damages
- Emotional distress damages
- Punitive damages (in certain cases)
- Attorneys’ fees and litigation costs
- Reinstatement or policy changes in appropriate situations
Workplace Discrimination Frequently Asked Questions
How do I know if what happened to me is actually discrimination?
Discrimination is not always obvious. Many cases involve subtle patterns, shifting explanations, inconsistent discipline, or changes in treatment after you disclose a protected characteristic or assert your rights. The key question is whether your race, gender, age, disability, pregnancy, national origin, or another protected category played any role in the employer’s decision-making. A legal evaluation focuses on timelines, comparators, documents, and changes in behavior, not just dramatic incidents.
Do I need direct evidence, like emails or comments, to bring a discrimination claim?
No. Most cases are proven through circumstantial evidence such as inconsistent performance evaluations, sudden shifts in duties, unequal treatment compared with coworkers, deviations from policy, or suspicious timing. Direct statements can be helpful, but they are not required. What matters is whether the overall pattern suggests discriminatory motivation.
Can I bring a claim based on a hostile work environment even if the conduct was subtle?
Yes, particularly under New York State and New York City law. The NYC Human Rights Law is intentionally broader than federal law and does not require conduct to be severe or pervasive. Repeated disrespect, exclusion, demeaning remarks, or other behavior tied to a protected characteristic may be enough to create a hostile work environment.
What if my employer claims I was fired or disciplined for performance reasons?
Employers often offer performance explanations, but those claims can be challenged if they do not match the facts. Inconsistencies, shifting explanations, unequal discipline, or timing that closely follows a complaint or disclosure may support a discrimination or retaliation claim. The evaluation focuses on whether the stated reasons hold up when documents and timelines are examined.
Do I need to file a complaint with HR before speaking with a lawyer?
Not necessarily. Internal complaints can sometimes strengthen a case, but poorly handled complaints can also expose employees to retaliation. If you have not yet gone to HR, it is still appropriate to seek legal advice first so you understand the risks and the best way to document the issue.
What remedies are available in discrimination cases?
Available remedies may include lost wages, front pay, emotional distress damages, compensatory damages, punitive damages in certain cases, attorneys’ fees, and in rare but appropriate situations reinstatement or policy changes. New York City law provides some of the broadest remedies in the country.