Employer Liability for Racial Discrimination

When Your Employer Looks the Other Way

This isn’t just about the one person who said something racist or blocked your growth. 

It’s about the company that saw it happen, or should’ve seen it, and stayed silent. That kind of silence isn’t harmless. In New York, it can make the employer just as responsible as the person who caused the harm.

Our employment law attorneys at Horn Wright, LLP, fight for workers across New York, New Jersey, Vermont, New Hampshire, and Maine who were targeted at work while leadership turned a blind eye. 

These states handle employer responsibility a little differently. New York and New Jersey take a tougher stance and hold companies accountable even when a supervisor wasn’t directly involved. 

Vermont, Maine, and New Hampshire? They still offer protection, but it can take more work to prove the employer knew. Either way, you’re not powerless. Call us at (855) 465-4622 and let’s talk about how to hold your employer accountable.

What Responsibility Really Looks Like

Posting an anti-discrimination policy in the break room doesn’t make a company compliant. It sure doesn’t make it safe.

Responsibility means following up when someone files a complaint. It means training managers to speak up, not look the other way. And it means making changes when someone raises red flags instead of blaming the person who came forward.

When employers don’t do those things, they’re not just bad at HR. They’re breaking the law. And if that’s what happened to you, you’ve got options.

Because real accountability shows up in actions, not slogans. It looks like taking complaints seriously, creating safe reporting channels, and actually removing the people causing harm. 

If your employer ignored you, or worse, protected the person who hurt you, they failed. And you shouldn’t have to carry that on your own.

The Messy Truth About How Employers Drop the Ball

You’d think companies would know better. But too often, they protect themselves instead of doing what’s right. Here’s how employer liability shows up in real life:

• They downplay what happened. Maybe HR told you it was “just a misunderstanding” or asked if you were being too sensitive. That kind of dismissal is part of the problem. And it sends a message to everyone else that racism’s not taken seriously.
• They skip the investigation. You spoke up, but nothing happened. No interviews. No notes. No follow-up. That’s negligence, and it puts the company at risk.
• They keep repeat offenders in charge. If someone has a history of making racist comments or playing favorites and they’re still in power? That’s not an accident. That’s a choice.
• They make excuses instead of fixes. Maybe they say, “We didn’t know” or “We’ll address it next quarter.” But the problem keeps happening. That’s legally risky.

Retaliation: The Employer’s Second Mistake

Sometimes, speaking up about racism at work is only the beginning of the battle. You raise your hand and then suddenly, you’re getting iced out.

That’s retaliation. And it’s illegal.

Maybe they cut your hours. Maybe your boss stopped giving you feedback. Or maybe you got written up for things that were never a problem before. It doesn’t have to be loud to be real. And every one of those moves adds weight to your case.

The law protects your right to report discrimination without fear. If your employer made you regret speaking up, that failure can open them up to even bigger legal consequences. You stood up. They didn’t. And now it’s their problem.

Here’s the revised “How You Show They Knew and Did Nothing” section with one additional sentence added to each bullet point to further strengthen the emotional and legal weight of your argument:

How You Show They Knew and Did Nothing

You might feel like you need a confession. You don’t. There are other ways to prove your employer was aware or should’ve been.

• Others complained too. If you’re not the first person to say something and nothing changed, that’s a pattern. And patterns prove awareness. That history can show a culture of denial, not just a one-time mistake.
• Supervisors were right there. If your manager saw or heard something and didn’t step in, that silence matters. It speaks volumes. Their inaction can be just as damaging as the discrimination itself.
• HR didn’t follow protocol. If you made a complaint and they brushed it off or never documented it, that’s on them. Lack of action can become your strongest evidence. It shows the company wasn’t serious about protecting anyone but itself.
• Emails and texts tell the story. Messages that show the issue was raised, especially if followed by retaliation, can connect the dots. Screenshots matter. And those receipts make it a lot harder for your employer to deny the truth.

The Laws That Protect You in New York

New York isn’t perfect, but it’s one of the better places to stand up to workplace racism. You’ve got more tools here than in a lot of states.

Title VII is your federal backup, but it only covers workplaces with 15+ employees. In New York, Executive Law Section 296 applies even if you work for a smaller company. 

And if you’re in NYC? The NYC Human Rights Law gives you even stronger protections, including stricter deadlines for your employer to act and fewer loopholes they can hide behind.

Bottom line: if you reported discrimination and your employer didn’t step up, the law gives you more than just hope. It gives you a path forward.

What You Can Win If You Take Action

This isn’t just about justice alone. It’s also about what you’ve lost and what you’re owed. If your employer failed you, here’s what you may be entitled to:

• Back pay and lost benefits. If you were fired, demoted, or passed over because of discrimination, you can demand everything you lost—every dollar, every bonus, every benefit.
• Compensation for emotional pain. If the experience wrecked your confidence, strained your relationships, or caused serious stress, that matters. The law lets you claim those damages too.
• A second chance at the job you earned. Some workers are reinstated or promoted when the court finds that discrimination derailed their careers.
• Punitive damages. If the employer’s actions were malicious or reckless, they might have to pay more just to send a message. It’s not just about money. It’s about change.

Don’t Wait to Get Support

These cases aren’t easy. But going it alone makes it harder. You don’t want to wait until you’re hanging by a thread at work or until the paperwork starts piling up.

Working with experienced employment law attorneys early means you’ll know how to protect yourself in real time. We can help you document what’s happening, avoid mistakes, and build a solid case before things spiral.

We’ve seen employers play games, delete emails, and pretend they didn’t know what was going on. Don’t give them that chance. Get someone in your corner who knows how to fight back and how to win.

We’re Here to Help You Take Back Control

You did the hard thing. You spoke up. You shouldn’t have to suffer because your employer didn’t do their job.

Our employment attorneys at Horn Wright, LLP, stand up for workers who’ve been ignored, silenced, and sidelined because of racial discrimination. We work across New York and nearby states—including Vermont, New Hampshire, Maine, and New Jersey—to hold companies accountable and force change that actually matters.

Let one of the most trusted law firms in the country help you build your case, protect your future, and take back your power. Reach out online to arrange your free consultation.