Racial Profiling in Housing and Employment

Why Profiling Still Shapes Everyday Life

Racial profiling isn’t just a street-level issue. It shows up when you try to rent an apartment, apply for a mortgage, or walk into a job interview. The bias may be subtle, like a landlord suddenly saying the unit is “no longer available,” or blatant, like being passed over for a position even when you’re more qualified. Either way, the sting is real.

For people across New York, these experiences add up. They block families from neighborhoods with better schools, keep workers out of opportunities, and reinforce cycles of disadvantage. Profiling in housing and employment doesn’t just shut one door. It closes many.

At Horn Wright, LLP, we know how damaging these moments are. Our racial profiling attorneys have helped tenants and employees hold landlords, managers, and corporations accountable. If you’ve been profiled, call us at (855) 465-4622. We’ll walk through your story and explain how the law gives you power to fight back.

How Profiling Plays Out in Housing

Finding a home should be simple. You apply, you qualify, you move in. But for many, race changes the equation. Landlords might show fewer units, charge higher deposits, or deny applications without real reasons. Profiling shows up in countless ways.

It’s not just individual landlords. Banks and mortgage companies have long histories of “redlining”—denying loans or charging higher rates in communities of color. While outlawed decades ago, echoes of those practices remain. In New York, entire neighborhoods still feel the effects.

The Fair Housing Act (42 U.S.C. Sections 3601-3619) makes this kind of discrimination illegal. And under the New York State Human Rights Law (N.Y. Exec. Law Section 296), housing providers can’t use race as a factor in renting or selling. 

The NYC Human Rights Law (NYC Admin. Code Section 8-107) goes even further, protecting tenants in the five boroughs with some of the broadest housing rights in the country.

Signs You’re Being Profiled by a Landlord or Lender

Profiling in housing can be subtle. Sometimes it takes looking back to realize what happened. Here are common signs to watch for:

• “No vacancies” excuses. You’re told there aren’t any units left, but someone else, often white, comes in right after and gets shown one. That’s a red flag for discrimination. Documenting those moments is key.
• Different terms or conditions. You might be asked for a higher deposit or stricter references than others. When rules suddenly shift, race may be driving the difference. Landlords and lenders often hide bias behind “policy.”
• Steering into certain neighborhoods. Real estate agents may only show you homes in specific areas based on assumptions about where you “belong.” That limits access to better schools, safer streets, and higher-value properties.
• Loan denials without clear reasons. If your credit and income match up but the bank still says no, bias may be at play. Data shows Black and Latino borrowers face higher denial rates nationwide—even with equal qualifications.

Profiling in the Workplace: More Than Hiring

Jobs are supposed to be about merit. But profiling can slam the brakes on your career before it even starts. Sometimes it’s not getting called back after an interview. Sometimes it’s being tracked more closely at work, passed over for promotions, or unfairly disciplined while others aren’t.

The Civil Rights Act of 1964, Title VII (42 U.S.C. Section 2000e), makes it illegal for employers to discriminate based on race in hiring, promotions, or workplace policies. The New York State Human Rights Law and the NYC Human Rights Law provide even stronger protections locally. These laws are clear: employers can’t use race as a filter, yet many still do.

The damage goes beyond paychecks. Being profiled at work affects confidence, mental health, and professional reputation. Workers end up carrying stress from jobs that should be places of growth, not suspicion.

How Profiling Shows Up in Employment

Workplace profiling wears different masks. Some are obvious, others are subtle but just as harmful.

• Resume screening. Applicants with “ethnic-sounding” names get fewer callbacks. Studies show this bias persists across industries, even when qualifications are identical.
• Unequal discipline. Workers of color often face harsher consequences for mistakes while others get warnings. Patterns of discipline reveal hidden profiling inside companies.
• Glass ceiling promotions. Advancement stalls when only certain employees get leadership roles. Profiling keeps talented workers stuck while less qualified peers move up.
• Biased evaluations. Performance reviews shaped by stereotypes hold workers back. When feedback is based on assumptions, careers stall for reasons that have nothing to do with ability.

What New York Law Says About Housing and Job Protections

New York provides some of the strongest protections against profiling in the nation. 

Under the NYSHRL, landlords, banks, and employers can’t use race in decisions about housing or jobs. The NYC Human Rights Law adds even broader coverage, making it easier to prove discrimination within city limits.

Federal laws back this up. The Fair Housing Act protects renters and buyers, while Title VII governs employment. And 42 U.S.C. Section 1981 guarantees equal rights to make and enforce contracts regardless of race—a powerful tool in both housing and employment cases.

Outside New York, our team at Horn Wright, LLP, also handles cases in Maine, New Hampshire, Vermont, and New Jersey. Each state has its own framework. 

New Jersey’s Law Against Discrimination (LAD) is especially broad, while Maine, Vermont, and New Hampshire use human rights commissions to address claims. But in New York, victims often have the strongest legal options.

Real Cases That Changed the Landscape

History shows how lawsuits have forced change in both housing and employment profiling. These cases shaped the legal tools we use today.

• Havens Realty Corp. v. Coleman (455 U.S. 363, 1982). The Supreme Court ruled that tenants misled about housing availability because of race had standing to sue. It reinforced that “testing” for discrimination is valid evidence.
• Griggs v. Duke Power Co. (401 U.S. 424, 1971). A landmark employment case where the Court held that seemingly neutral job requirements that disproportionately harmed Black applicants were discriminatory under Title VII.
• Floyd v. City of New York (2013). While focused on stop-and-frisk, the case highlighted how profiling shapes entire communities, reinforcing why housing and employment laws must be enforced strictly.
• Jacobs-Mehra v. Herricks School District. Though centered on students, this Nassau County case exposed how profiling seeps into institutions, from schools to workplaces, showing the need for vigilance everywhere.

Why Legal Help Matters in These Cases

Housing and employment profiling are tough to prove on your own. Landlords and employers rarely admit bias. They’ll point to “policy,” “market conditions,” or “performance.” That’s where a lawyer changes the game.

Civil rights attorneys know how to dig deeper. They compare how different applicants or employees were treated, subpoena records, and use expert witnesses to highlight patterns. They also connect your experience to the broader laws—Fair Housing Act, Title VII, NYSHRL—that protect you.

At Horn Wright, LLP, we’ve represented clients across New York, Maine, New Hampshire, Vermont, and New Jersey in profiling cases. We’ve helped families secure homes and workers reclaim their careers. 

We’re dedicated to making sure profiling never gets the last word. If you’ve been shut out or passed over, reach out to our team. We’re ready to stand with you.