Discrimination & Retaliation in Hiring

You Deserve a Fair Shot, Not a Biased Brush-Off

You shouldn’t be rejected for a job because of who you are. But when employers turn you away for speaking up, for filing a past complaint, or simply because of your race, gender, age, or disability, that’s illegal. Hiring discrimination and retaliation leave you questioning your worth and second-guessing your future.

Our employment law attorneys at Horn Wright, LLP, help candidates across New York who were denied opportunities for all the wrong reasons. Whether it was a subtle excuse or an obvious pattern, we dig into hiring decisions and expose what employers try to hide. 

Other states like New Jersey, Vermont, Maine, and New Hampshire have similar protections, but the scope and enforcement vary. New York offers some of the strongest anti-discrimination and retaliation laws in the country, covering both applicants and former employees.

Call (855) 465-4622 if something about your rejection felt off. We’ll help you figure out if it wasn’t just a bad break.

How Retaliation Shows Up in the Hiring Process

Retaliation isn’t just something that happens to people who already have jobs. It can hit you when you’re just trying to get in the door. And yes, it’s illegal for employers to hold your past actions, or your identity, against you.

• You’re ignored after disclosing a previous discrimination complaint. Maybe you filed a charge against a former employer, and suddenly this new one ghosts you. That’s retaliation, plain and simple.
• You get the cold shoulder after asking about accommodation. The moment you bring up a disability or religious need, the recruiter goes silent. That’s not just rude—it’s a red flag.
• They withdraw the offer after a background check reveals protected activity. Some companies dig deep and find out you once stood up for yourself. Then they find a bogus reason to rescind the job.
• You’re passed over while less qualified candidates get hired. When your resume checks all the boxes but you're still rejected, bias might be playing a role and we know how to prove it.

What New York Law Says About Hiring Discrimination

New York law doesn’t just protect employees. It protects applicants too. Under the New York State Human Rights Law and Title VII of the Civil Rights Act, it’s illegal for employers to discriminate against you in hiring based on race, color, national origin, sex, gender identity, religion, disability, age, sexual orientation, military status, and more.

That includes job postings, screening practices, interviews, and offer decisions. It also covers retaliation. Meaning they can’t reject you because you complained, filed a charge, requested accommodation, or assisted in someone else’s claim. Even if the discrimination or retaliation is subtle, it still counts.

Employers love to hide behind vague excuses: “We went with a better fit.” “It just didn’t work out.” We dig into what really happened, compare hiring patterns, and uncover the real reasons you were passed over. And once we find it, we don’t let it slide.

Red Flags That Might Mean You Were Discriminated Against

You can’t read the hiring manager’s mind, but you can read the signs. Discrimination and retaliation often leave clues, and we know how to spot them.

• A sudden shift in tone after disclosing personal info. Things were going well, until they saw your age, your name, or your disability status. If enthusiasm dried up on a dime, there’s a reason.
• The interview felt performative. They barely asked questions or kept it short. That’s not just bad interviewing. It could signal a decision that was made before you even walked in.
• They made inappropriate or illegal comments. Even a single line about “cultural fit,” “young energy,” or “not being the right type” can be enough to build a case.
• You keep seeing the same pattern at the same company. If candidates of a certain race, gender, or age never seem to get hired, that’s not coincidence. That’s discrimination, and we can prove it.

Proving It Isn’t Hopeless; We’ve Seen It Done

You might be thinking: how do I prove what someone was really thinking? That’s where we come in. Discrimination and retaliation leave patterns when you know where to look.

It’s not just about what was said. It’s about who got the callback, who got the offer, and what their credentials looked like. We look at patterns across departments, hiring managers, and timeframes to expose favoritism and exclusion. 

Our employment attorneys check if others with similar or lesser experience got offers while you didn’t. And we pull public records, internal documents, and witness statements to show what’s really going on behind the hiring curtain.

Sometimes it’s one comment. Sometimes it’s a pattern. But whatever it is, we build the case so the employer can’t just shrug and say, “It wasn’t personal.” Because if it was illegal, it doesn’t matter how personal it was.

When “Culture Fit” Is Code for Discrimination

Culture fit gets thrown around a lot. Sometimes it means nothing more than “they weren’t like us.” And that’s a problem. If employers are using this vague excuse to screen out people based on race, gender, age, or past complaints, they’re crossing legal lines.

We’ve seen job postings talk about “youthful energy” or “digital natives,” code for age bias. We’ve seen hiring managers say someone was “too corporate,” “too formal,” or “not edgy enough,” when really they just meant “not white enough,” “not male enough,” or “not quiet enough.”

If you felt like your personality, style, or background was used against you under the excuse of “fit,” that’s something worth challenging. We don’t let employers hide behind buzzwords when what they’re doing is clearly discriminatory.

What You Could Be Entitled To

Getting passed over for a job because of discrimination or retaliation disrupts your entire life. And under New York law, you may be entitled to far more than you realize. If you’ve been wrongfully denied a role, here’s what we help you fight for:

• Lost income and missed opportunities. When you're denied a job unfairly, it hurts your wallet. That lost paycheck and potential career advancement add up fast. We help calculate every cent.
• Emotional distress compensation. Discrimination doesn’t just affect your finances. It affects your peace of mind. Anxiety, stress, and humiliation are damages the law recognizes. You deserve to be made whole.
• Punitive damages when things get ugly. If the employer’s conduct was especially bad, courts can award extra damages to send a message. That’s not just about justice for you. It’s a warning to others like them. And it puts real pressure on employers to change.
• Policy changes or reinstatement. In some cases, you may have the right to the job you were denied or to force a shift in how the company does things. That’s especially true when hiring discrimination is systemic. We push for change that helps more than just you.

We calculate the full impact of being illegally passed over. Then we go after it. Because your career, your time, and your dignity all matter and we don’t settle for less.

Horn Wright, LLP, Doesn’t Let Hiring Discrimination Slide

You shouldn’t have to stay quiet to stay hirable. If you were turned down for a job because of your identity, your disability, or because you once stood up for yourself. We see you. And we’re ready to help.

Our employment law attorneys at Horn Wright, LLP, fight hiring discrimination and retaliation wherever it hides. Whether it was a small business, a staffing agency, or a global company, we’ve taken them on and won. 

Learn how we’ve helped others stand up to discrimination. And when you’re ready, connect with us online to request your complimentary consultation. We’re right here with you.